The big country that builds to rural economics as the country gives aid to, the country often appears a few issue issues that concern with land, if land is on the move, land relet subcontract, land " buying and selling " , farmland takes up build a room to wait a moment. Our country " land management method " regulation: "Don't any units and individual get embezzlement, buying and selling to perhaps make over land illegally with other form... " so after all what dispute law is made over, land of buy in and sell at a profit? What feature and state to basically have? How can be you dealt with? Small make up liquidate a share especially a few relevant common sense about rural land respect, hope farmer friends want to understanding is clear about and try to discriminate, avoid to cause a few break the law or pecuniary loss.
Law of 1. what dispute is made over, land of buy in and sell at a profit?
Make over illegally, business land is to point to an unit (collective) or the individual violates statute of land government legislation, the requirement that did not set by law and program transfer land right completely alienee, alienee pays the behavior of money paid for something purchased or received for something sold to its.
Is 2. made over illegally, what feature does land of buy in and sell at a profit have?
① must have two in same illegal act or the illegal behavior party of two above, must have a selling party at the same time namely or make over just mix buyer or suffer let square;
② must violate the legal statute that active land manages, belong to what place of active law laws and regulations sets to break the law namely violate compasses act;
③ party had been carried out make over land behavior, illegal party is signed and complete or the part fulfilled land deal or make over contract or agreement;
④ violates party to get illegal income thereby through making over land illegally.
Is 3. made over illegally, what state does land of buy in and sell at a profit basically have?
Basis " investigate land to violate standard of behavior put on record " differentiate, make over land illegally to basically have the following kinds of state:
① without approval, make over illegally, of the state-owned land access that rental, guaranty gains with transfer means;
② nots agree with the requirement that lawful law sets, make over the state-owned land access that gains with means of sell one's own things illegally;
③ general farmer is collective the use of all land is illegal sell one's own things, make over or rent with Yu Fei agriculture is built;
④ nots agree with the requirement that lawful law sets, do sth without authorization makes over estate to develop a project;
⑤ in order to make over a building (include other construction, build thing) , perhaps build building allocation objective, profit with land and other couplet, or with land contributive become a shareholder, affiliation and other undertake management an activity jointly, perhaps wait for a form with displacement land, make over land access illegally.
Is 4. made over illegally, why should collective land make buy in and sell at a profit plant punishment?
Instruct deadline to correct, confiscate illegal earning, penalize a fund.
Is 5. right buying and selling of do sth without authorization curtilage of base how should handle?
The country prohibits illegal business land. To buying and selling of do sth without authorization curtilage of base, by administration of land of government of people of prefectural class above director branch instructs deadline to correct, confiscate illegal income, manage illegal gain 5% above 20% the following amerce; Make crime, investigate criminal duty lawfully by the judiciary.
Is 6. made over illegally, what law responsibility should land of buy in and sell at a profit assume?
Basis " land of People's Republic of China administers a law " the 81st regulation: "Farmer of general of do sth without authorization is collective the use sell one's own things of all land, make over or rent with Yu Fei agriculture is built, by administration of land of government of people of prefectural class above director branch instructs deadline to correct, confiscate illegal earning, penalize a fund " . The 73rd sets: "Buying and selling perhaps makes over land illegally with other form, by administration of land of government of people of prefectural class above director branch confiscates illegal earning; Will agricultural to disobeying land to use overall planning do sth without authorization ground instead construction uses the land, deadline demolishs the structure that builds on the land that makes over illegally and other facilities, reinstate land original state, use overall planning to according with land, confiscate the structure that builds on the land that makes over illegally and other facilities; Can penalize a fund; Be in charge of personnel and personnel of other and direct responsibility to what be in charge of directly, give disciplinary sanction lawfully, those who make crime, investigate criminal duty lawfully " .
Basis " disobey land management to provide behavior punish way " (15 order) regulation, if the responsibility person that transfers land illegally belongs to governmental official other perhaps administration is censorial object, should give disciplinary sanction lawfully. Executive authority and its officeholder buying and selling perhaps make over land illegally with other form, perhaps mark serious offence disciplinary action to giving warning, record a demerit about responsibility personnel; The clue is heavier, give demote or dismiss punish; The clue is serious, give discharge disciplinary action.
" criminal law " the 228th regulation: "It is a purpose in order to seek profit, make over illegally, access of land of buy in and sell at a profit, the clue is serious, be in 3 years of the following set term of imprisonments or arrest battle, be in only perhaps place to be made over illegally, access of land of buy in and sell at a profit price specified number 5% above 20% the following fine; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold " .
Does 7. party punish disaffected law to relieve a way to which a few there are to administration of land natural resources?
Basically have two: It is mix to the gear of on one class that makes condemnatory decision government of the people that be the same as class applies for administration to reconsider; 2 be to jurisdictional people court mentions lawsuit of politics of start on a journey.
