Land is violated compasses one of heat that are instantly, we see via regular meeting what place was made an appointment with to talk, what project was demolished... land is agriculture, economy, and what the countryman develops is principal assure. The use of land reachs protection, be taken seriously by huge.
However, because of,always have some of person temporarily the gain and loss of the interest, or it is the blind area at relevant code, make the conduct that destroys land. What behavior belongs to land to break the law? Form land to break the law to you can get again what kind of punishment? Today, small make up comb for everybody!
Land violates compasses type
1, break the law make over kind
Without approval, break the law make over, the behavior of the state-owned land access that rental, guaranty gains with transfer means; Not the requirement that be good law sets, violate the act that makes over the state-owned land access that gains with means of sell one's own things; farmer collective the use of all land is illegal the sell one's own things, behavior that make over or rents with Yu Fei agriculture is built; Buying and selling perhaps violates the act that makes over land with other form.
2, break the law cover an area of kind
Without approve or taking cheat method diddle is approved, break the law take up the behavior of land; Rural villager is approved without approve or adopting beguiling method diddle, violate the act that takes up land builds the house; The measure that approves more than takes up the behavior of land; Call in lawfully illegal approval, use land, the behavior that does not remand about party refus; Do not take up according to the position using the land of approval and limits the behavior of land; Take up farmland constructs pit, build grave or do sth without authorization builds a house on farmland, dig arenaceous, quarry, mining, take earth to wait, destroy the behavior that grows a requirement; Take up basic farm constructs pit, build a house, build grave, dig arenaceous, quarry, mining, take land, pile up solid litter or be engaged in other activity destroy basic farm, destroy the behavior that grows a requirement; Refus nonperformance land answer cultivate is compulsory, correct via charging within a definite time, the action that exceed the time limit does not correct; Build the person that project construction and geological perambulate take up the land of farmland is used temporarily, 1 year since the day that expires with the ground temporarily above returns the action that did not restore to grow a requirement; Because development land causes land desert,change, the behaviour that saline be soiled changes.
3, violate batch of ground kind
Have no right to approve collect, the unit of use land or the individual is approved illegally take up the behavior of land; Overstep approval limits of authority illegal approval takes up the behavior of land; The program approval of lawbreaking regulation takes up, the behavior that collects land; The use that does not decide with overall planning according to land benefit approves the action that uses the land; Not agricultural the ground turns to perhaps exceed with plan index agricultural the ground turns with plan index, approval of do sth without authorization is agricultural the ground turns used act; Before approve perhaps approves construction project, without prejudication or prejudication was not passed, approval of do sth without authorization is agricultural the ground turns with, the action that land is collected or conducts the formalities that offer the ground; Under the minimum price that fixes by national regulation, consultative sell one's own things is state-owned the behavior of land access; Did not deal with lawfully agricultural the ground turns with examine and approve, approval of national office working personnel is passed " in order to hire Dai Zheng " the behavior that waits for means to cover an area of construction.
4, other type
The behavior of unused land; Destroy or the behaviour that do sth without authorization changes basic farm groove guard to indicate; Do not use the act of land by approval utility; Refus nonperformance land the behavior of answer cultivate obligation.
Land violates compasses punishment
" land of People's Republic of China administers a law " the administrative punishment that violates act in the light of land basically includes to instruct fulfill, confiscate, deadline is demolished, a few types such as amerce.
1, instruct fulfill kind
" land of People's Republic of China administers a law " " method of management of land of People's Republic of China carries out byelaw " " estate of city of People's Republic of China administers a law " medium of the regulation instruct fulfill kind of administration punishment to basically include to instruct return the land that takes up illegally, instruct hand over or reassign land, instruct deadline to correct, instruct deadline to correct or administer.
2, confiscate kind
Branch of director of land natural resources is opposite lawfully the building on the ground, build content, illegal earning to wait give confiscate, confiscate can use alone, OK also and amalgamative use.
It is to confiscate illegal earning (illegal income) , basis " land management method " the 73rd, the 81st regulation, perhaps make over land illegally with other form to buying and selling, farmer of general of do sth without authorization is collective all land access sell one's own things, make over or rent with Yu Fei agriculture is built, want to confiscate illegal earning. To disobeying " urban estate administers a law " 9 the first regulations make over thirtieth access of land of sell one's own things, break the law oppose this law the 40th the first regulation transfers estate (the land access that gains with transfer means) , want to confiscate illegal earning.
2 it is to confiscate building and other facilities. Basis " land management method " the 73rd, the 76th regulation, to be being made over illegally land is mixed take up illegally land, accord with land to use overall planning, should confiscate in the building that be made over illegally or takes up illegally be built on land and other facilities. The building that confiscates lawfully and other facilities, ought to according to " administration sanctions a method " fiftieth 3 formulary vendue, perhaps concern formulary processing according to the country.
3, deadline is demolished kind
The structure that builds on the land that branch of director of land natural resources is made over illegally to be in lawfully and takes up illegally namely and deadline of other facilities demarcate give demolished condemnatory form. Basis " land management method " the 73rd, the 76th regulation, to be being made over illegally land is mixed take up illegally land, do sth without authorization will be agricultural ground instead construction uses the land, if disobey land to use overall planning, want deadline to demolish in the building that be made over illegally or takes up illegally be built on land and other facilities, reinstate land original state. Basis " land management method " the 77th regulation, cover an area of those who build the house illegally to rural villager, should instruct return the land that takes up illegally, deadline demolishs newly-built house.
4, amerce kind
" land management method " set place in order to fine, can be in in order to fine, be in fine and can penalize a penalty of 4 kinds of forms. "Place in order to fine " it is to point to must fine, the amerce below this kind of circumstance is to regard as advocate punish use; "Can be in in order to fine " it is to point to can fine, also need not fine; "Penalize a fund " be in namely make other punishment while, still can choose to be in in order to fine; "Can penalize a fund " be in namely make other punishment while, still can choose to be in in order to fine, the amerce below this kind of circumstance is to regard as add punish will use. " land management method carries out byelaw " undertook refining to the standard of amerce, use the different kind such as per cent, amount, multiple to undertake stating.
