Four chaotic phenomena of illegal occupation of cultivated land

"enclose land" in the form of "rent and levy", and then quickly build factories and houses on cultivated land; lease cultivated land under the guise of developing ecological agriculture and efficient agriculture, but actually use cultivated land to build factories; a small number of village cadres even help villagers do work and become "accomplices" to illegally occupy cultivated land; lawbreakers break up into parts and exploit legal loopholes to avoid criminal punishment. A few days ago, the reporter learned during an interview with the Zhenjiang City Procuratorate in Jiangsu Province that since January 2012, the city's procuratorial organs have dealt with 19 cases of crimes involving rural land resources involving 25 people. At present, illegal and criminal cases involving rural land are frequent.

Zha Xunyu, deputy chief procurator of the Zhenjiang City Procuratorate, told reporters that with the development of the rural economy, various localities have tried every possible means to attract investment and introduce industrial projects, which will inevitably involve the construction of factory buildings, land use, and other issues. As land expropriation is restricted not only by the national land use index, but also by the content of the project, and the legal awareness of some villagers and even village cadres is weak, some parties bypass the land department and directly sign land lease agreements with village committees or villagers' groups, resulting in the spread of illegal land and the combination of some cities and suburbs.

In particular, the Ministry has become an area with a high incidence of such crimes.

Check the chaotic elephant--

Chaos one: rent instead of levy

When Zhenjiang Paipu Machinery Company needed to rebuild its plant in different places because of demolition, it extended its "black hand" to agricultural land. The company rented 29.3 mu of land from Shanbei Village and Houtao Village, Xinfeng Town, Dantu District, Zhenjiang City, and quickly built a factory, causing more than 8000 square meters of arable land to be destroyed.

After investigation, the procuratorial organs found that "rent instead of levy" is becoming the main means of illegal land occupation. Of the 11 cases of illegal occupation of cultivated land put on file and supervised by the Zhenjiang City Procuratorate, 6 took the form of leasing instead of land requisition, accounting for 54.5% of the total number of such cases.

Chaos II: rent instead of using

In order to occupy cultivated land, under the guise of investing in high-efficiency agriculture, ecological agriculture and sightseeing agriculture, some lawbreakers actually do not engage in the development of agricultural projects, but are used to build factories and factories under the guise of investing in high-efficiency agriculture, ecological agriculture and sightseeing agriculture. For example, in a case investigated and dealt with by the Dantu District Procuratorate, the suspect Wang signed a land lease contract with a village committee in the area on the grounds of developing efficient agriculture, but actually used cultivated land to build factories and produce manhole covers and bricks.

In handling the case, the hospital found that after some lawbreakers completed the "enclosure of land" under various banners, they rented instead of ploughing, and waited for the right time to transfer at a high price or obtain high returns for demolition, resulting in a large amount of waste of land resources in rural areas.

Chaos III: internal and external collusion

According to the prosecutor handling the case, in some cases, villagers' groups and village cadres know full well that the leased land is not engaged in agricultural project development, but is used for other construction, but is still illegally leased and transferred in order to seek benefits.

Lu Berlin, a full-time member of the procuratorial committee of the Dantu District Procuratorate, told reporters that driven by interests, some village cadres or villagers acquiesced in or even "actively cooperated" with the illegal occupation of cultivated land. Some villagers think that the income from planting crops is not high, that renting out the contracted land can get a higher income, and the income can increase every five years. Leasing land can not only reap profits, but also get state subsidies for cultivated land, which can be said to kill two birds with one stone. As a party of the village committee, the land lease management fee can also be collected from the income of leased land. "

Chaos IV: break it up into parts

In order to avoid criminal punishment, some lawbreakers also played the game of "breaking up into pieces".

According to the provisions of the law, anyone who illegally occupies more than 5 mu of basic farmland or more than 10 mu of other cultivated land or forest land constitutes a crime. In order to evade criminal punishment, lawbreakers take the means of one-time lease and implementation in batches to control the area of land occupied illegally each time, so that it does not exceed the standard of criminal punishment, and even if they are investigated, they are at most subject to administrative punishment; some lawbreakers sign false land lease agreements with villages and groups in the name of multiple relatives or friends, but in fact all of them are leased by themselves. This is done for only one purpose-breaking it up into pieces and avoiding criminal blows.

Prescribe a prescription-

Using the concept of restorative justice, dredging and blocking combined with chaos.

Land is the "lifeblood" of farmers. Once cultivated land is destroyed, it will be difficult to restore.

The reporter learned that in recent years, Jiangsu Province has made increasing efforts to crack down on the crime of illegal occupation of agricultural land, and at the same time explore the use of the concept of restorative justice in handling land cases. For example, the Dantu District Procuratorate has established a mechanism for "replenishing land and reclamation". After the criminal suspect or his relatives replenish the land, according to the specific circumstances of the case, the procuratorate will not prosecute in accordance with the law or advise the court to deal with it lightly.

In the interview, the procurator handling the case proposed that while severely cracking down on the crime of destroying rural land resources and eliminating the chaos of illegal occupation of cultivated land, attention should also be paid to the combination of thinning and blocking. For example, give full play to the leading role of villages and towns and implement centralized land planning and management. In view of the reality of rural economic development, within the scope of national policies and regulations, township-based, overall planning can not only meet the land needs of rural economic development, but also strengthen the protection of cultivated land. In addition, in order to fundamentally solve the thinking that farmers are unwilling and unwilling to grow grain, it is also necessary to increase efforts to benefit the people, so as to make farmers really feel that farming is "more affordable."