" criminal law of People's Republic of China " the 342nd regulation: Disobey land government laws and regulations, take up illegally farmland, forest land agricultural the ground, change use of land be takinged up, the amount is larger, cause farmland, forest land to wait agricultural the ground destroys in great quantities, be in 5 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment.
Likelihood everybody is agricultural to taking up illegally this concept feels the ground very unfamiliar, so we see 3 cases first, have a preliminary knowledge.
The factory removes forest land, do not have however proof, take up forest land formalities? Break the law!
Came in August 2016 in September, always some company should have blessing county the factory removes. Before this, village of fort of pond of this company Cong Yongfu town was on the move respectively on two villagers hand 18.67 mus are mixed 17.91 mus of forest land, preparation is used at building factory building (hind appraisal of classics major orgnaization, take up illegally the area of forest land in all 29.4 mus, land sort is have forest land, grade of forest land protection is 3 class) .
Prosperous of Wei Mou of this company legal representative thinks, him land is on the move, the formalities of forest fell trees is all ready, ask a worker to use the construction machinery such as grab to turn hill level the land then, however actually they did not deal with forestry to examine and approve formalities with the ground lawfully. According to Wei Mou prosperous place says: "I cannot offer those land to use the data such as card, did not do forest land to take up formalities, I think this formalities need not possible also. I think this formalities need not possible also..
Always procuratorate of blessing county people examines maintain:
Below the circumstance that is in charge of sectional approval without forestry, this company takes up illegally, push forest land of smooth hill field to be used at building a plant, cause vegetation of forest land surface to be destroyed, changed land use, disobey " criminal law of People's Republic of China " the 342nd, formed take up illegally agricultural ground blame.
Wei some prosperous regards legal representative, director as personnel, take up illegally the effect of organization and management has in the process of forest land in this company, should bear relevant law responsibility, take up illegally in order to be suspected of then agricultural ground blame lawfully to sue.
On September 3, 2018, always court of blessing county people adjudicates defendant company makes lawfully take up illegally agricultural ground blame, sentence fine RMB two 10 thousand yuan; Person Wei some prosperous makes adjudicative the accused take up illegally agricultural ground blame, sentence a set term of imprisonment one year, probation two years, punish golden RMB 10 thousand yuan.
Hire next forest land to build factory building, only treatment licence and business charter? Break the law!
In August 2014, liao Mou China pressed down village of black rock mountain to lease 16.91 mus of forest land somewhere in Su Qiao, the flat that turn mountain is used build workshop, living quarter, till 2017 this workshop is making lumber treatment all the time. But Liao Mou China from only then came to deal with treatment licence to reach business license only eventually, did not deal with take up forest the formalities that use the land.
It is after when inquiry, liao Mou China says: "I do not know to want to deal with proof, take up forest land formalities, I think I come down land rent, have treatment licence and business charter is OK. The person of forestry branch finds me later, I just know I broke the law. I just know I broke the law..
Always procuratorate of blessing county people examines maintain:
Below the circumstance that is in charge of sectional approval without forestry, liao Mou China takes up illegally, push forest land of smooth hill field to be used at building a plant, cause vegetation of forest land surface to be destroyed, changed land use, disobey " criminal law of People's Republic of China " the 342nd, formed take up illegally agricultural ground blame.
On July 20, 2018, always court of blessing county people adjudicates Liao Mou China makes lawfully take up illegally agricultural ground blame, sentence arrest battle 3 months, punish golden RMB 5000 yuan.
Did not deal with any formalities, claim to want flat to construct the field that raise a cattle, actually quarry sale? Break the law!
Came in November 2016 during December, unripe, Pan Mou forest, Pan Mou protects Pan Mou 3 people fall in the case that did not handle any formalities, profess to want " partnership open raises bovine field " , actually is in Luo Jin the town leaves a village " big wood floor " (place name, this ground is inside area of scene of golden bell hill, it is national emphasis commonweal forest, protective grade is Ⅱ class) around quarry sale, the forest land area that takes up in the process of their 3 people quarry in all 9.75 mus.
After be being extracted illegally " big wood floor " vegetation suffers destroy, bare and outer rock is shocking, resembling is together greatly " scar "
The Pan Mou after the accident is born to confess his crime actively to a criminal give himself up to the police of public security mechanism, prefectural procuratorate approved Jing Yongfu to arrest its in July 2017,
Always procuratorate of blessing county people examines maintain:
Unripe, Pan Mou forest, Pan Mou protects Pan Mou 3 people are below the circumstance that is in charge of sectional approval without forestry, take up illegally, turn forest land of smooth hill field, cause vegetation of forest land surface to be destroyed, changed land use, involve disobey " criminal law of People's Republic of China " the 342nd, formed take up illegally agricultural ground blame.
On March 15, 2018, always court of blessing county people adjudicates Pan Mou is unripe lawfully make take up illegally agricultural ground blame, sentence arrest battle a month, punish golden RMB 3000 yuan.
On July 6, 2018, always court of blessing county people adjudicates Pan Mou is protected lawfully make take up illegally agricultural ground blame, sentence arrest battle 2 months, punish golden RMB 3000 yuan.
On August 20, 2018, always court of blessing county people adjudicates Pan Mou forest makes lawfully take up illegally agricultural ground blame, sentence arrest battle 3 months, punish golden RMB 3000 yuan.
Attentive friend may have discovered above 3 cases the common feature of the case, case person forms experience to take up illegally agricultural the reason of ground blame basically has the following: The first, all did not deal with proof, take up forest land formalities; The 2nd, all changed forest land originally utility, cause vegetation of forest land surface to be played havoc with; The 3rd, consciousness of law of experience case person all relatively thin, the deed that did not realize oneself had touched legal red line, say unexpectedly " do not know to want to deal with this formalities " .
If I want to use forest land really, how should deal with this formalities so?
How to deal with proof, take up forest land formalities?
Inquisitor will tell you!
" national forestry bureau takes up examine and verify of commandeer forest land examines and approve administrative measure " it is basis of national forestry bureau " law of forest of People's Republic of China " the regulation that reachs its to carry out byelaw, the protects forest land management way that make. Among them about taking up the application of forest land has the following two specifications:
The 3rd unit that use the land needs to take up, commandeer forest land perhaps needs to take up temporarily of forest land, ought to put forward to branch of administrator of forestry of government of prefectural class people take up or application of commandeer forest land; The country that need takes up or takes up the State Council decides temporarily all key forest zone (forest zone of key of the following abbreviation) forest land, ought to be in charge of a branch to forestry of the State Council or its precatory unit puts forward to take up forest land applies for.
The 4th unit that use the land applies for to take up, commandeer forest land perhaps takes up temporarily forest land, ought to fill in " application form of use forest land " , provide following data at the same time:
(One) the project approves a document;
(2) be taken up or be belonged to to prove material by the authority of commandeer forest land;
(3) the item that the design unit that has aptitude makes uses report of forest land feasibility;
(4) compensate allowance of Fei Hean buy to expend an agreement with the forest land that be taken up or is signed by the unit of commandeer forest land, forest (take up forest land finds a place for allowance expends except) temporarily. The engineering facilities that the build inside the forest land limits that silvan management unit applies for to be managed in place is forestry to produce a service directly takes up of forest land, the money before ought to be being offerred (one) , (2) formulary material.
After forestry is in charge of a branch to make affirmative written reply to a subordinate body, just can undertake use to forest land. Be after looking, very clear?
