Article 1 These Measures are formulated in order to implement the Land Administration Law of the People's Republic of China, investigate the legal responsibilities of offenders according to law, and standardize the handling of illegal land cases. Article 2 Land violation cases refer to cases that violate land management laws and regulations and must be investigated for legal responsibility. Article 3 Cases of illegal land use shall be handled by the land administration departments of local people's governments at or above the county level in accordance with the provisions of these Measures. Article 4 To handle cases of illegal land use, we must take facts as the basis and law as the criterion. Article 5 The investigation and handling of illegal land cases shall be coordinated with judicial organs and administrative supervision organs. Sixth county land management departments to deal with the following cases within their respective administrative areas:

(a) cases of illegal occupation of land by units owned by the whole people, urban collective units and township (town) villages;

(two) cases of illegal occupation of land by non-agricultural registered permanent residence residents in cities and towns;

(three) the sale or other forms of illegal transfer of land cases;

(four) cases of illegal approval of land occupation;

(five) cases of illegal occupation of land acquisition compensation and resettlement subsidies;

(six) cases of temporary use of land, failure to return it at the expiration of the period, or refusal to hand over the land after recovering the land use right;

(seven) in violation of the law, digging holes, dredging, quarrying, mining, etc ... On cultivated land, the planting conditions are seriously damaged, or serious desertification, salinization and soil erosion are caused by land development;

(eight) cases of infringement of land ownership or use rights;

(nine) cases in violation of the provisions of land reclamation;

(ten) other cases in violation of land management laws and regulations;

(eleven) cases assigned by the people's government at the same level and the land management department at a higher level. Article 7 Land administrative departments of prefectures, cities, prefectures and leagues shall handle the following cases:

(a) cases that have a significant impact within their respective administrative areas;

(two) cases assigned by the people's government at the same level and the land management department at a higher level. Article 8 The land administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall handle the following cases:

(a) cases that have a significant impact within their respective administrative areas;

(two) cases assigned by the people's government at the same level and the State Bureau of Land Management. Ninth land management departments shall accept cases of illegal land assigned by superiors, transferred by other departments and reported by the masses. Article 10 A case may be reported in writing or orally.

When the land management department accepts the oral report, it must make a detailed record, and after verification, it shall be signed or sealed by the informant.

Informants should try to use their real names when reporting the case; If the informant does not want to use his real name, the land management department shall respect the wishes of the informant. Article 11 If a reported case accepted by the land management department is found not to be handled by itself, it shall explain it to the informant, and at the same time transfer the report letter or transcript to the authority that has the right to handle it. Twelfth land management departments shall, after accepting cases of illegal land, conduct a review. If it does not meet the requirements, it shall inform the units and informants who assigned or transferred the case. Thirteenth meet the following conditions of illegal land cases, land management departments should be placed on file:

(a) there is a clear actor;

(two) the fact that there is a violation of land management laws and regulations;

(three) in accordance with the land management laws and regulations should be investigated for legal responsibility;

(4) Have the right to deal with it. Fourteenth cases that meet the conditions for filing must fill in the "Approval Form for Filing Illegal Cases of Land" and be filed after being approved by the competent leadership of the land management department. Fifteenth major cases filed by the land management department shall be reported to the land management department at the next higher level for the record. Sixteenth cases approved for filing shall be distributed to the undertaker in a timely manner. Article 17 When investigating a case, the undertaker may ask the parties and witnesses, obtain relevant evidence, and conduct on-site investigation when necessary. Article 18 There are the following types of evidence:

(1) Physical evidence;

(2) Documentary evidence;

(3) Audio-visual materials;

(4) Testimony of witnesses;

(5) statements of the parties;

(6) Exploration records and on-site investigation records;

(7) Evaluation conclusion.

The undertaker must carefully identify the evidence, and unverified evidence cannot be used as the basis for ascertaining the facts. Nineteenth after investigation found that there are illegal acts, land management departments should promptly issue a "notice" ordered to stop illegal acts of land, served on the parties. Twentieth after the investigation of the case, the undertaker shall, according to the facts and laws and regulations, put forward the "report on the investigation of illegal land cases", which shall be dealt with after deliberation by the leading collective:

(a) that the report is untrue or the evidence is insufficient, and no illegal facts have been found, the case shall be dismissed. The revocation of major cases should be reported to the land management department at the next higher level for the record;

(two) if the illegal facts are clearly identified and the evidence is conclusive, the land management department shall make a decision on administrative punishment according to law, issue a "decision on administrative punishment of illegal land cases" and serve it on the parties;

(three) that the infringement of land ownership or use rights, land management departments to make a decision according to law, issued a "land infringement decision", served on the parties;

(four) that the parties refuse or hinder the land management staff to perform their duties according to law, should be submitted to the public security organs;

(5) If it is determined that a state functionary has violated the law and should be given administrative sanctions according to law, it shall put forward a written proposal and attach an investigation report and relevant evidence, and transfer it to the unit to which the party belongs or to the higher authorities or administrative supervision organs for handling, and send a copy of the handling result to the organ that transferred the case;

(6) If it is determined that the illegal act constitutes a crime, it shall be promptly transferred to judicial organs for criminal responsibility according to law.