Legal aid in Zhejiang BB rural basic farmland protection (71 case)

After 5 years the implementation of legal aid lawyer Zhang Yong Xu Fengmu, Lu in Zhejiang province XX XX town Xianju county came to China University of Political Science and Law culture building Beiyuan lawyer, I was to pay tribute to Lu XX maintenance state, rural land spirit! Principal Li Jun lawyer to assist in the production of "exposure material".

Attached: reporting materials

The informantLu: XX, male, 37 years old, now living in Zhejiang province Xianju County town of AA BB village,  A farmer  Tel: 13330000000

By the prosecutorZhejiang Province: AA town of Xianju county and the village of BB relevant responsible person

Report itemsIllegal sale of: basic farmland (used to build houses and villas)

A,Illegal sale of basic farmland in

The second half of 2003, BB village cadres and the town of AA leading individual selfish, upper and lower complicity in the guise of Alpine immigrants, the protection of basic farmland destroyed Xianju County People's Government shall set up signs; in the name of the village of BB, who will be 65 acres of arable land to sell the so-called "mountain village of CC immigration", for the construction of housing and the per capita only 0 villas. 27 acres of arable land in the village of BB, in non arable land, basic ration can not guarantee the survival crisis.

The afternoon of December 18, 2003, I will be illegal events that destroyed the building situation reflects to Xianju County Bureau of land management, I received the hearing room person in charge said opinions to write the report, and to prohibit the petition within one month. Then I reflect the condition to the land and Resources Department of Zhejiang Province, the Provincial Department of land resources to stop the Huitian housing violations. But the AA town and village of BB relevant responsible person, and not to take any remedial measures, the cultivated land for land for three years. Which side is the villagers can not, one side is the serious consequences of cadre of arable land wasting.

What is more serious is that from the beginning of 2007 February, in this piece of land to build villas and large-scale illegal activities started. A villa occupies 2 acres of cultivated land, some villas have a good foundation, some villas are under construction; town leaders and village cadres and organizations have been repaired a few roads in this piece of land, and to the building commitment three (i.e., Dentsu, Passepartout, sewage pass), 65 mu of basic farmland is now ruined.

Two of our laws,Regulations on the protection of basic farmland strictly

According to the"The PRC Land Management"Clause thirty-seventh: any units and individuals are forbidden to idle, barren.

Clause forty-fifth: expropriation of basic farmland, approved by the state council.

Clause seventy-third: the sale or other forms of illegal transfer of land, the land administrative departments of the people's government at or above the county level shall confiscate the illegal income; for violation of the overall land use planning unauthorized conversion of agricultural land into construction land, dismantle the illegal transfer of land on the new buildings and other facilities, the restoration of land restitution, to comply with the overall land use planning, the confiscation of illegal transfer of land in new buildings and other facilities; and may be concurrently fined; the leading persons directly in charge and other persons directly responsible shall be given administrative sanctions;, constitutes a crime, shall be investigated for criminal responsibility according to law.

Seventy-fourth the provisions of : violation of the provisions of this law, the occupation of cultivated land to build kilns, grave or unauthorized building in cultivated areas, sand digging, quarrying, mining, soil, crop damage conditions, or for the development of land by land desertification, salinization, administrative competent government above the county level people in soil by departments shall be ordered to make corrections or control, and may also impose a fine; constitute a crime shall be prosecuted for criminal.

Clause seventy-fifth: violation of the provisions of this law, refuses to perform obligations of the land, the land administrative departments of the people's government at or above the county level shall be ordered to make corrections within a time limit; if it fails to do so, shall be ordered to pay land reclamation fees, earmarked for land reclamation, and may also impose a fine.

Clause Seventy-eighth: unauthorized approved levy, the land use units or individuals illegally approving the occupation of land beyond the approval authority, the illegal occupation of land approved, not in accordance with the land use planning to determine the overall land use approval, or in violation of the legal procedures for approval occupation, expropriation of land, the approval documents invalid, approval of the illegal use of land expropriation, the persons directly in charge and other directly responsible personnel shall be given administrative punishment; constitute a crime, shall be investigated for criminal. Illegal approval, the use of land should be recovered, parties concerned refuse to return, the illegal occupation of land shall be punished.

Clause eighty-first: unauthorized collective farmers land use rights transfer, transferred or leased for non-agricultural construction, administration of government in charge of land above people by county departments shall be ordered to make corrections, confiscate the illegal income, impose.

Clause eighty-fourth: working personnel of the land administrative departments be forgetful of one's duties, breach of privilege, play favouritism and commit irregularities, which constitutes a crime, shall be investigated for criminal responsibility according to law; if no crime is constituted, administrative sanctions shall be imposed according to law.

According to the State Council"Regulations on the protection of basic farmland"Clause fifth: any units and individuals have the obligation to protect basic farmland, and have the right to report, accused of embezzlement, destruction of basic farmland and other acts in violation of these regulations.

Clause sixth: township (town) people's Government shall be responsible for the management of basic farmland protection work within their respective administrative areas. Clause fifteenth: basic farmland protection zone upon delimitation according to law, no unit or individual may change or occupy. Key construction projects of energy, transportation, water conservancy, national military facilities location does not avoid the basic farmland protection areas, need to occupy basic farmland, involving agricultural land conversion and land acquisition, must be approved by the state council.

Clause seventeenth: any entity or individual is prohibited in the basic farmland protection zone building, building, building tombs, sand digging, quarrying, mining, earth, stacked solid wastes or other destruction of basic farmland activities.

Clause eighteenth: any units and individuals are forbidden to idle, barren of basic farmland.

Twenty-ninth the provisions of people's governments above county level: government land administrative departments, the competent agricultural administrative department of the failure of the administrative region farmland, have the right to order.

Thirtieth the provisions of : violation of the provisions of this Ordinance, any of the following acts, in accordance with the land management law of the people's Republic of land "and" land management "of the people's Republic of land law of the relevant implementing regulations" provisions, shall be given a heavier punishment: (a) without approval or by deception approval, illegal occupation of basic farmland; (two) more than the approved amount, illegal occupation of basic farmland; (three) the occupation of basic farmland by illegally; (four) the sale or other forms of illegal transfer of basic farmland.

Clause thirty-second: violation of the provisions of these regulations, damage or change the sign of the basic farmland protection areas, recover the land administrative departments of the local people's governments at or above the county level or the competent agricultural administrative department shall order it to make, can be fined up to 1000 yuan.

According to the"Zhejiang provincial regulations on protection of basic farmland"Clause sixteenth: any unit and individual shall not engage in the following in the basic farmland protection areas: (a) building, building, building tombs, quarrying, mining, sand digging, soil, solid waste and emissions, stacking the dumping of pollutants or other destruction of basic farmland activities; (two) the appropriation or damage farmland protection areas;    (three) mark damage or unauthorized change of basic farmland protection areas.

Nineteenth the provisions of : violation of the provisions of this Ordinance, any of the following acts, in accordance with the "PRC Land Management Law" and other relevant laws, regulations, or:

(a) without approval or by deception approval, illegal occupation of basic farmland; (two) exceed the approved quantity of illegal occupation of basic farmland; (three) the illegal occupation of basic farmland approval; (four) the sale or transfer of basic farmland to other illegal.

According to the"PRC Criminal Law"Clause 342nd: violations of land management laws and regulations, illegal occupation of farmland for other uses, the amount is larger, resulting in a large number of land is damaged, is less than five years imprisonment or criminal detention, or be fined.

The provisions of the above laws and regulations to carry out strict protection of basic farmland, do not allow any unit or individual violates.

Three.Illegal in Zhejiang province Xianju County town of AA and BB village of the responsible person

1 protect the deliberate destruction of basic farmland protection areas in an attempt to sign, to change the basic farmland land property;

2 without approval, illegal transfer of basic farmland, the basic farmland for the construction of housing and villas;

3 the basic farmland barren 3 years, refuses to perform the obligations of the land;

4 do not perform their statutory obligations of the protection of basic farmland, serious breach of duty.

I require four

1 protection of cultivated land is a basic national policy, the Party Central Committee, the State Council to the provincial Party committee, province government attaches great importance to laws, regulations, there are strict regulations on the protection of basic farmland, but Xianju Hengxi town and five pan Cun, the national policy and laws related to cadres but regardless, superiors and subordinates, illegal transfer of basic farmland, used for build houses and villas, barren land, serious illegal and criminal, hope the relevant departments to be severely punished according to law.

2 according to the State Council"Regulations on the protection of basic farmland"Clause fifth: any units and individuals have the obligation to protect basic farmland, and have the right to report, accused of embezzlement, destruction of basic farmland and other acts in violation of these regulations. I am as a conscientious citizens, not afraid to take revenge, and actively report crimes undermine basic farmland is my bounden duty.

I believe with Hu Jintao led by the party and the people's government will punish corruption, to stop the illegal sale of basic farmland, the life field to old people!

But keep fangcunde!

Stay with the child Sungeng!

                                   The informant:

 

Tel: 1333000000

                                        

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