Law section

Overview

Land and Resources Supervision and Inspection

The land and resources administrative department of the people's government at or above the county level shall organize supervision and inspection of the implementation and compliance of land and resources laws and regulations by citizens, legal persons or other organizations within its administrative region in accordance with legal procedures and methods, and impose legal sanctions on citizens, legal persons or other organizations for violating land and resources laws and regulations.

Legal responsibility

The legal consequences that should be borne for acts that violate legal provisions.

Illegal acts of land and resources

Refers to the behavior of citizens, legal persons, or other organizations that violate land and resources laws and regulations, causing certain harm to society, and for which legal responsibility should be pursued. The administrative responsibility for illegal acts of land and resources refers to the legal consequences that the land and resources administrative management department of the people's government at or above the county level should bear for citizens, legal persons or other organizations who violate the laws and regulations of land and resources in accordance with legal procedures and methods, but do not constitute a crime.

Civil Liability for Illegal Acts of Land and Resources

It refers to the civil consequences that a civil subject should bear according to law for violating civil legal obligations. The criminal responsibility for illegal acts of land and resources refers to the legal consequences that the perpetrator's behavior violates relevant provisions of criminal law and should be pursued for criminal legal responsibility by the national judicial organs in accordance with the law.

Types of illegal land activities and punishment measures

Selling or illegally transferring land in other forms

It refers to the act of a unit or individual violating land management laws and regulations by transferring land rights, mainly referring to the complete or partial transfer of land rights, to others. -- Punishment measures Confiscate illegal gains; For those who violate the overall land use plan, new buildings and other facilities shall be demolished within a time limit. For those that comply with the overall land use plan, new buildings and other facilities on illegally transferred land shall be confiscated; Fines ranging from 5% to 50% can be imposed based on illegal gains; Those who illegally transfer less than 5 acres of basic farmland, less than 10 acres of cultivated land, and less than 20 acres of other land, or illegally obtain less than 500000 yuan, shall be subject to administrative sanctions against the directly responsible supervisors and other directly responsible personnel; If the amount of administrative penalty is above the prescribed amount, it constitutes a criminal offense. According to Article 228 of the Criminal Law, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Destruction of arable land

It refers to the behavior of units or individuals occupying arable land to build kilns or graves, building houses, digging sand, quarrying stones, mining, and taking soil on arable land without approval, causing damage to the planting conditions of the land, or causing desertification and salinization of the land due to land development. -- Punishment measures Order to rectify or rectify within a specified period of time; A fine of no less than 20 yuan and no more than 60 yuan per square meter can be imposed; Occupying or destroying more than 5 acres of basic farmland and more than 10 acres of cultivated land constitutes a criminal offense, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention in accordance with Article 342 of the Criminal Law.

Illegal occupation of land

It refers to the behavior of units or individuals occupying land without approval or using fraudulent means to obtain approval, as well as occupying more land than the approved quantity. -- Punishment measures Order the return of illegally occupied land; Those who violate the overall land use plan shall be required to demolish new buildings and other facilities within a specified period of time; Confiscate new buildings and other facilities on illegally occupied land that comply with the overall land use plan; May impose a fine of no less than 10 yuan and no more than 30 yuan per square meter; Those who illegally occupy less than 5 acres of basic farmland and less than 10 acres of cultivated land shall be subject to administrative sanctions against the directly responsible supervisors and other directly responsible personnel; If the administrative penalty exceeds the prescribed amount, it constitutes a criminal offense and shall be sentenced to fixed-term imprisonment of not more than five years or detention in accordance with Article 342 of the Criminal Law; Rural villagers who illegally occupy land to build houses shall be required to demolish them within a specified period of time.

Refusal to fulfill the obligation of land reclamation

It refers to the behavior of a unit or individual who, due to construction or mining, causes damage, occupation, or collapse of arable land, resulting in the destruction of planting conditions, and has the obligation to restore and manage the land but refuses to fulfill it. -- Punishment measures Order to rectify within a specified time limit; Those who fail to make corrections within the prescribed time limit shall be ordered to pay reclamation fees of no less than 5 yuan and no more than 20 yuan per square meter, and may be fined no less than 10 yuan and no more than 80 yuan per square meter.

Illegal land acquisition

It refers to the act of a unit without approval authority approving land use, even though it has approval authority, approving land use beyond its authority, violating the approval procedures of the overall land use plan or illegal land management regulations. -- Punishment measures Those who illegally approve the requisition or occupation of less than 10 acres of basic farmland, less than 30 acres of cultivated land, and less than 50 acres of other land shall be subject to administrative sanctions against the directly responsible supervisors and other directly responsible personnel; If the administrative penalty exceeds the prescribed amount, or if the illegal land grant causes direct economic losses of more than 300000 yuan, or causes extensive damage to cultivated land, it constitutes a criminal offense. According to Article 410 of the Criminal Law, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years or detention. If the offender causes particularly significant losses to the national or collective interests, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the illegal land grant causes losses to the parties involved, administrative compensation shall be given.

Refusal to return the land

The act of units and individuals failing to return the land use rights of state-owned land that have been lawfully reclaimed, or the land use rights of temporary land that have been approved and should be reclaimed upon expiration, in accordance with regulations. -- Punishment measures Order the return of land; A fine of no less than 10 yuan and no more than 30 yuan per square meter shall be imposed.

Unauthorized transfer, assignment, or rental of collectively owned land use rights of farmers for non-agricultural construction purposes

It refers to the act of rural collective economic organizations using planned and currently used agricultural land for non-agricultural construction in the form of transfer, assignment, or rental without authorization. -- Punishment measures Order to rectify within a specified time limit; Confiscate illegal gains; A fine of no less than 5% and no more than 20% shall be imposed on illegal gains.

Not handling land change registration

It refers to the behavior of units and individuals who have changed their land use rights approved by law from the initial registration content and should fulfill the obligation of changing registration without going through relevant procedures. -- Punishment measures Order to handle within a specified time limit.

Not using state-owned land according to approved purposes

It refers to the act of units and individuals changing the land use purpose stipulated in the land transfer contract or land allocation contract without authorization. -- Punishment measures Order the return of land; A fine of no less than 10 yuan and no more than 30 yuan per square meter shall be imposed. ##Types of illegal mineral resource activities and punishment measures

Illegal mining

It refers to the behavior of units and individuals who violate legal provisions by engaging in mining activities without obtaining a mining license, as well as entering national planned mining areas, mining areas of significant value to the national economy, mining minerals protected by national regulations, continuing mining after the expiration of the mining license, and entering mining areas where others have already obtained mining rights. -- Punishment measures Order to stop mining; Compensation for losses; Confiscate the extracted mineral products; Confiscate illegal gains; Refusing to stop mining, forcibly sealing the wellhead, sealing or confiscating production equipment or facilities; A fine of 50% shall be imposed on illegal gains. According to Article 343 of the Criminal Law, if the amount of illegally extracted mineral products exceeds 50000 yuan and causes damage to mineral resources, the offender shall be sentenced to fixed-term imprisonment of not more than three years, detention or surveillance, and shall also be fined or fined separately; Those who illegally extract mineral products worth more than 300000 yuan and cause serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.

Cross border mining

It refers to the act of units and individuals violating legal regulations and mining beyond the approved mining area. -- Punishment measures Order to return to the mining area for mining; Compensation for losses; Confiscate the extracted mineral products; Confiscate illegal gains; Refusing to stop mining, forcibly sealing the wellhead, sealing or confiscating production equipment or facilities; Impose a fine of 10000 to 10 yuan. Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked. Those who commit crimes shall be held criminally responsible in accordance with Article 343 of the Criminal Law.

Destructive exploitation of mineral resources

It refers to the act of a person violating the mineral resource development and utilization plan approved by the competent department of geology and mineral resources, resulting in the loss of mineral resources. -- Punishment measures Order to rectify within a specified time limit; Impose a fine equivalent to less than 50% of the value of the ore loss; Those who fail to make corrections within the prescribed time limit shall be ordered to suspend production for rectification or have their mining license revoked; Administrative sanctions shall be imposed on the supervisors and directly responsible personnel. Those who cause serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not more than five years or detention, and shall also be fined in accordance with Article 343 of the Criminal Law.

Illegal transfer of mining rights

It refers to the act of buying, selling, renting, mortgaging, or transferring exploration and mining rights in other forms without approval, or reselling exploration and mining rights for profit. -- Punishment measures Revocation of exploration and mining licenses; Confiscate illegal gains; Impose a fine of less than 50% of illegal gains.

Allowing others to mine without authorization

It refers to the act of allowing other units and individuals to mine mineral resources within its mining area without permission. -- Punishment measures Impose a fine of 10000 to 10 yuan; Those who commit crimes shall be held criminally responsible in accordance with the law.

Unpaid exploration and mining rights fees for paid use

It refers to the behavior of exploration and mining rights holders who fail to pay the paid usage fees for exploration and mining rights in accordance with regulations. -- Punishment measures Order to pay within a specified time limit; From the date of overdue payment, a daily late fee of 0.2% will be charged; Impose a fine of no more than 50000 yuan; If the circumstances are serious, the exploration license and mining license may be revoked.

Not paying resource compensation fees

It refers to the act of mining rights holders not paying resource compensation fees in accordance with regulations. -- Punishment measures Order to pay within a specified time limit; From the due date, a daily late fee of 0.5% will be charged; For those who fail to pay for two consecutive quarters, in addition to being ordered to pay within a specified time limit and imposing late fees, a fine of 1 to 5 times the amount that should be paid shall also be imposed; Those who still fail to pay will have their mining license revoked.

Failure to complete the change procedures as required

It refers to the behavior of the mining right holder who fails to handle the procedures for changing, extending or canceling the mining license in accordance with regulations. -- Punishment measures Order to handle within a specified time limit; May impose a fine of up to 50000 yuan; If the circumstances are serious, the mining license shall be revoked.

Failure to fulfill reserve cancellation as required

It refers to the behavior of mining rights holders who fail to handle the approval procedures for reserve cancellation in accordance with regulations. -- Punishment measures Impose a fine of 10000 to 100000 yuan; Those who cause losses in mineral resources shall be fined up to 50% of the value of the ore loss.

Illegal mining approval

It refers to the behavior of personnel of mineral resources management departments and other relevant state personnel who engage in favoritism, abuse of power or neglect their duties, and violate legal provisions by approving exploration and mining of mineral resources and issuing exploration and mining licenses. -- Punishment measures Revocation of illegally issued exploration and mining licenses by the geological and mineral resources management department of the higher-level people's government; Criminal responsibility shall be pursued in accordance with the law if it constitutes a crime; If it does not constitute a crime, administrative sanctions shall be imposed.