Cultivated land is the lifeblood of grain production, which is related to national food security; mineral resources are the foundation of national economic and social development, which is related to national economic security. In recent years, the competent departments of natural resources at all levels have earnestly implemented the decision-making and deployment of the Party Central Committee and the State Council on strictly abiding by the bottom line of national resources security, fulfilled their duties and responsibilities, adopted the hard measures of "long teeth", strictly adhered to the red line of cultivated land protection, strictly protected mineral resources, strictly investigated and punished the illegal acts of land and mineral resources according to law, and promptly transferred the relevant responsible persons. If a crime is constituted, it shall be promptly transferred to the judicial organ for investigation of criminal responsibility.
In order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, give full play to the role of warning education of typical cases, urge local governments, units and individuals to use natural resources in an orderly and rational manner in accordance with the law and regulations, implement the new development concept more completely, accurately and comprehensively, and promote high-quality economic and social development. The Ministry of Natural Resources has decided to publicly report the investigation and punishment of 13 cases of land and 12 cases of mineral violations.
1. Thirteen cases
of land violations mainly involve land violations such as illegal occupation, destruction of cultivated land and even permanent basic farmland by enterprises or individuals. In the process of investigating and dealing with these illegal cases, local governments and relevant departments have earnestly implemented the requirements for the protection of cultivated land and taken various measures to promote the demolition of buildings (structures) on illegally occupied land and the restoration of cultivated land planting conditions, so as to ensure that the quality and quantity of cultivated land are not reduced. Twenty-four Party members and cadres were punished by Party discipline and government affairs, and 16 people, including legal representatives of enterprises and investors, were investigated for criminal responsibility.
1. Without going through the land use formalities, Li Mou of Yuci District, Jinzhong City, occupied the land of Yanwu Village, Zhangqing Township, Yuci District without authorization to dig sand and pile sand, among which 16.74 mu of cultivated land was destroyed by digging sand and the land was occupied by piling sand. 12. In July 2020, the Natural Resources Bureau of Yuci District filed a case for investigation and issued the Notice of Ordering the Correction of Illegal Acts in August. After receiving the Notice of Order to Correct Illegal Acts, Li Mou bears the expenses and the village committee organizes reclamation. In October 2020, the Natural Resources Bureau of Yuci District transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In November 2020, the cultivated land planting conditions have been restored through the acceptance of the specialized agencies organized by the Zhangqing Township Government and the Yuci District Natural Resources Bureau. In January 2021, the People's Court of Yuci District of Jinzhong City sentenced Li Mou to one year's imprisonment, one year's probation and a fine of 20000 yuan for the crime of illegal mining.
2. Without going through the formalities of land use, a company occupied 44.12 mu of cultivated land in Nanqian Village, Nanyu Town, Fuzhou High-tech Zone to construct recreational facilities such as catering and barbecue, among which the above-ground buildings (structures) occupied 11.21. After acceptance by the Agriculture, Forestry and Water Bureau and the Natural Resources and Planning Bureau, the planting conditions of cultivated land have been restored. In February 2021, 11 responsible persons were punished by Party discipline and government affairs.
3. Without going through the formalities of land use, a company occupied 211.82 mu of land in Zhongxing Village and Changlong Village, Xiniu Town, Xinfeng County without authorization (cultivated land 124. In August 2020, Ganzhou Natural Resources Bureau filed a case for investigation and issued the Decision on Administrative Penalty in September, ordering the return of 211.82 mu of illegally occupied land. Demolish the buildings (structures) on the illegally occupied land within a time limit and impose a fine 218. The administrative penalty decision has been implemented in place, and the above-ground buildings (structures) have been demolished. In November 2020, the Xinfeng County Commission for Discipline Inspection and Supervision criticized a company, instructed the company to make a profound inspection to the Xinfeng County Government, and gave a warning and encouragement talk to Cai Moumou, deputy general manager of the company. In July 2021, the Commission for Discipline Inspection and Supervision of Xinfeng County gave a warning and punishment to Huang Mou, then mayor of Xiniu Town, Xinfeng County.
4. A company occupied permanent basic farmland in Huxialiang Village, Mafang Town, Yanling County without going through the formalities for land use. 87. In June 2020, the Natural Resources Bureau of Yanling County filed a case for investigation, ordered the demolition of buildings on illegally occupied land and imposed a fine. 69. The Yanling County Government decided to suspend the approval of land use within the jurisdiction of Mafang Town. The company paid a fine, demolished the above-ground buildings and restored the planting conditions of cultivated land, and the County Natural Resources Bureau and the County Agricultural and Rural Bureau passed the acceptance and supervised the cultivation. The Natural Resources Bureau of Yanling County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegally occupying agricultural land. In July 2020, the Natural Resources Bureau of Yanling County transferred the case to the County Commission for Discipline Inspection. In August 2020, the Yanling County Commission for Discipline Inspection and Supervision investigated the responsibility of 4 responsible units and 11 responsible persons.
5. A company occupied 16.33 mu of land (permanent basic farmland) in Xintian Village, Hanpu Street, Yuelu District, Changsha City without going through the formalities for land use. In November 2020, Yuelu Branch of Changsha Natural Resources and Planning Bureau filed a case for investigation. In December 2020, Yuelu Branch transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal occupation of agricultural land. In October 2021, the parties demolished three houses and two steel-framed sheds by themselves, and in February 2023, the parties demolished one house by themselves, which was accepted by the Natural Resources and Planning Bureau of Hanpu Street and Xiangjiang New District Management Committee of Yuelu District, and the planting conditions of cultivated land have been restored; One house is for production tools and fertilizer facilities, and the permanent basic farmland occupied has been transferred out of the "three districts and three lines".
6. An apartment service company has not gone through the land use formalities to occupy the land of Jinlong Community in Tianyuan District to build apartments, covering an area of 38 mu (25 mu of arable land). In November 2018, the former Tianyuan Branch of Zhuzhou Land and Resources Bureau filed a case for investigation. In February 2019, the former Tianyuan Branch of Zhuzhou Land and Resources Bureau transferred the case to the judicial organs for criminal responsibility on suspicion of constituting the crime of illegal transfer of land use rights. In March 2019, the government of Tianyuan District demolished the new buildings and other facilities on the ground, and the planting conditions of cultivated land have been restored through on-site acceptance by the Agricultural and Rural Work Bureau of Tianyuan District, the Natural Resources Bureau of the District and the Majiahe Street Office. In July 2020, the People's Court of Tianyuan District sentenced the defendant Zhang Mou to three years'imprisonment and a fine of 440000 yuan for the crime of illegal transfer of land use rights, one year's imprisonment and a fine of 10000 yuan for the crime of illegal occupation of agricultural land, and three years' imprisonment and a fine of 450000 yuan for several crimes; The defendant Luo was sentenced to three years' imprisonment and a fine of 440,000 yuan for the crime of illegal transfer of land use rights, and one year's imprisonment and a fine of 10,000 yuan for the crime of illegal occupation of agricultural land. The defendant was sentenced to three years' imprisonment and a fine of 450,000 yuan for the crime of illegal occupation of agricultural land. The defendant Zhang and Luo were sentenced to confiscate 6.7 million yuan of illegal income and turn it over to the state treasury.
7. A company occupied permanent basic farmland in Guitang Village, Beitou Town, Lianping County without going through land use formalities. 35. In June 2020, the Natural Resources Bureau of Lianping County filed a case for investigation. In July 2020, the Natural Resources Bureau of Lianping County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegally occupying agricultural land, and ordered the company to restore the land to its original state and re-cultivate it. In December 2020, the Research Center of Resources and Environment Technology of South China Agricultural University confirmed that the quality of cultivated land after reclamation had not been reduced. In January 2021, the company returned the illegally occupied land. In September 2021, the People's Court of Lianping County sentenced four shareholders of the company, Zhang Moumou and others, to one year's imprisonment and a fine of 10000 yuan respectively for the crime of illegally occupying agricultural land.
8. Six people, including Ningmou, Fumian District, Yulin City, occupied the permanent basic farmland of Gucheng Village without going through the land use formalities. 10. In November 2018, the former Fumian Branch of Yulin Land and Resources Bureau transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal occupation of agricultural land. In December 2019, the People's Court of Fumian District sentenced six people, including Ningmou, to the crime of illegally occupying agricultural land, and sentenced them to prison terms ranging from 9 to 12 months, paying 436500 yuan for land reclamation and repair, and imposing a total fine. 3. Ningmou and other six people have paid the fine and apologized to the public in Yulin Daily. In December 2021, the People's Court of Fumian District issued an execution ruling on the resumption of execution of incidental civil compensation for six persons, such as Ningmou.
9. Without going through the land use formalities, a company occupied 37.37 mu of land (18.90 mu of arable land) in Yaoli Village, Lihu Yao Township, Nandan County, including permanent basic farmland 10. In November 2018, the former Land and Resources Bureau of Nandan County filed a case for investigation and ordered the return of illegally occupied land. Demolish the buildings and other facilities on the illegally occupied land, and impose a fine 58. In March 2019, the administrative penalty decision was implemented in place, and the cultivated land planting conditions were restored after the joint acceptance by the County Natural Resources Bureau, the County Agricultural and Rural Bureau and the Lihu Yao Township Government. The Natural Resources Bureau of Nandan County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegally occupying agricultural land.
10. Without going through the formalities for land use, a company occupied 40.99 mu of permanent basic farmland in Yangjiadong Village, Haitou Town, Danzhou City to build a gravel processing plant, of which the building (structure) occupied 5. In April 2020, the former Danzhou Land and Resources Law Enforcement Detachment issued the Notice of Order to Stop Illegal Activities. After receiving the Notice of Order to Stop Illegal Acts, the company demolished and cleaned up new buildings and other facilities by itself, and restored 35. In November 2020, the Danzhou Natural Resources and Planning Bureau investigated and dealt with 3.19 mu of illegal land use that had not been rectified by itself, ordered the demolition of illegal buildings (structures), restored the original state of the land, and ordered the demolition of illegal buildings (structures). 25. In January 2021, the administrative penalty decision was implemented in place. After review by Danzhou Natural Resources and Planning Bureau, Comprehensive Administrative Law Enforcement Bureau and the local town government, the planting conditions of cultivated land have been restored.
11. Four companies occupied 71.87 mu of land (70.43 mu of arable land) on the south side of the Fifth Road of the Eight Towns Industrial Park in Dongfang City without land use formalities, including permanent basic farmland 70.In July 2020, the Dongfang City Comprehensive Administrative Law Enforcement Bureau filed a case for investigation and ordered the demolition of illegal buildings (structures). Restore the land to its original state. In October 2020, the relevant departments of Dongfang City implemented measures to cut off water and electricity in illegally occupied areas. In December 2020, the implementation of the administrative penalty decision was in place, and the planting conditions of cultivated land were restored after being reviewed by the Natural Resources and Planning Bureau of Dongfang City, the Comprehensive Administrative Law Enforcement Bureau and the local town government. In June 2021, the Dongfang Comprehensive Administrative Law Enforcement Bureau transferred the case to the judicial organs for criminal responsibility on suspicion of constituting the crime of illegally occupying agricultural land.
12. Without going through the land use formalities, a company occupied 98.72 mu of land (cultivated land 43. In March 2019, the former Bureau of Economic and Technological Development Zone of Kunming Land and Resources Bureau filed a case for investigation and ordered the return of illegally occupied land. Demolish the buildings (structures) on the illegally occupied land and restore the land to its original state.The Administrative Committee of the Development Zone has taken measures such as water and electricity cuts and interviews to urge the parties concerned to carry out demolition and reclamation. The administrative penalty decision has been implemented in place, and the cultivated land planting conditions have been restored through the joint acceptance of agriculture, urban management and street offices. In November 2019, the former Economic and Technological Development Zone Branch of Kunming Land and Resources Bureau transferred the case to the judicial organs for criminal responsibility on suspicion of constituting the crime of illegal occupation of agricultural land. In December 2022, the People's Court of Yiliang County ruled that Luo, the legal representative of the company, committed the crime of illegal occupation of agricultural land and was sentenced to two years' imprisonment with a three-year reprieve; Zeng, the shareholder, committed the crime of illegal occupation of agricultural land and was sentenced to two years' imprisonment with a three-year reprieve; Liang, the shareholder, committed the crime of illegal occupation of agricultural land and was sentenced to two years' imprisonment with a three-year reprieve.
13. A factory occupied 45 mu of land (permanent basic farmland) in Xuanhe Town, Shapotou District, Zhongwei City without going through the formalities for land use. In March 2021, the government of Shapotou District urged the factory to clean up. In June 2021, the Natural Resources Bureau of Zhongwei City investigated and dealt with 18.06 mu of illegal land use that had not been rectified. It ordered the return of 12208 square meters of land, the demolition of color steel houses and related equipment on illegally occupied land, and a fine of 2. In July 2021, the administrative penalty decision was implemented in place to restore the planting conditions of cultivated land. In 2022, the Xuanhe Town Government has organized villagers to plant corn.
2. Twelve cases of illegal
mining involved illegal mining carried out by enterprises or individuals in the name of facility agriculture, agricultural development, engineering construction and mine geological environment restoration and control without a mining license. Fifteen people were investigated for criminal responsibility according to law.
1. From December 2020 to January 2021, Sun Mou-mou and Du Mou-mou, without obtaining a mining license, illegally exploited basalt for profit in Yuhuangshan Village, Heqiao Town, Xuyi County, in the name of pig breeding and agricultural industrial park projects. In February 2021, Xuyi County Natural Resources and Planning Bureau filed a case for investigation. After investigation, illegal mining of basalt 3. In February 2021, Xuyi County Natural Resources and Planning Bureau transferred the case to the judicial organs for criminal responsibility on suspicion of constituting the crime of illegal mining. In November 2021, the People's Court of Xuyi County ruled that Sun Mou-mou and Du Mou-mou committed the crime of illegal mining and sentenced Sun Mou-mou to five years' imprisonment and a fine of 500,000 yuan; Du Mou-mou was sentenced to three years and six months' imprisonment and a fine of 300,000 yuan; Sun Mou-mou compensated for the cost of ecological environment damage of 304800 yuan, Sun Mou-mou and Du Mou-mou jointly and severally compensated for the cost of ecological environment damage of 220.2
. Illegal exploitation of sand and clay for profit. In June 2020, Quzhou Natural Resources and Planning Bureau filed a case for investigation. After investigation, illegal mining of earthwork 17. In July 2020, Quzhou Natural Resources and Planning Bureau transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In May 2021, the People's Court of Qujiang District of Quzhou City sentenced Zhang Mou to three years and 10 months'imprisonment, a fine of 300000 yuan, and the recovery of illegal income
567.3. In the name of the borrow area of the Anqing-Jiujiang Railway (Huaining Section), it illegally exploited sand and shale mines for construction and sold marble for profit. In September 2019, the Natural Resources and Planning Bureau of Huaining County investigated the two companies separately. After investigation, two companies illegally mined a total of 225,700 tons of mineral products, including 158,300 tons for one company and 6 for one company. In November 2019, the Natural Resources and Planning Bureau of Huaining County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. Because of the same place of violation, the judicial organs jointly filed a case for investigation. In May 2021, the People's Court of Huaining County ruled that Zhou, the actual controller of a company, had committed the crime of illegal mining and sentenced him to four years and three months in prison with a fine of 80,000 yuan; and that Cao, the legal representative of another company, had committed the crime of illegal mining and sentenced him to three years and six months in prison with a fine of 60,000 yuan; From November to December
2021, Xia Mou, without obtaining a mining license, illegally exploited quartzite for profit in Bajia Village, Lilin Town, Leping City, in the name of mine geological environment restoration and control project. In December 2021, Leping Natural Resources and Planning Bureau filed a case for investigation. After investigation, the illegal income from illegal quartzite mining was 108,500 yuan, and another 8,506. In December 2021, the Natural Resources and Planning Bureau of Leping City transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In May 2022, the People's Court of Fuliang County sentenced Xia Mou to commit the crime of illegal mining, sentenced him to two years and four months'imprisonment, fined 30000 yuan, and recovered the illegal income. In July 2022, the Natural Resources and Planning Bureau of Leping City sentenced Xia Mou to two years and four months' imprisonment for illegal mining, which had not yet been sold
. Without obtaining a mining license, five people, such as Kan Mou-mou, illegally exploited limestone for profit in the name of agricultural facilities in Zhaizi Village, Aishan Street, Gangcheng District, Jinan City. In August 2021, the Natural Resources Bureau of Gangcheng District of Jinan launched an investigation with the public security organs. After investigation, the illegal mining of limestone for building stones 16. In August 2021, the Natural Resources Bureau of Gangcheng District of Jinan City transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In June 2022, the People's Court of Gangcheng District of Jinan City convicted five people of illegal mining, sentenced them to fixed-term imprisonment ranging from three years, six months to one year, fined them from 130000 yuan to 20000 yuan, and recovered their illegal gains
from June 2017 to September 2021. In Huangjiaping Village, Longzhouping Town, Changyang Tujia Autonomous County, a company illegally exploited dolomite for construction and sold it for profit in the name of geological disaster control and site leveling projects without obtaining a mining license. In September 2021, the Natural Resources and Planning Bureau of Changyang Tujia Autonomous County filed a case for investigation. In September 2021, the Natural Resources and Planning Bureau of Changyang County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In November 2021, the public security organs took criminal compulsory measures against 13 criminal suspect. The case has been transferred to the procuratorate for examination and prosecution.
7. From April 2020 to April 2021, without obtaining a mining license, Ouyang and others illegally exploited granite for profit in Zhugaokeng Village, Hekou Town, Luhe County, in the name of expanding the water plant project. In April 2021, Luhe County Natural Resources Bureau filed a case for investigation. After investigation, illegal mining of granite mine 5. In April 2021, the Natural Resources Bureau of Luhe County transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In January 2022, the People's Court of Luhe County sentenced Ouyang Mou to three years and three months'imprisonment for illegal mining, a fine of 30000 yuan and a compensation of 2.04 million yuan for the loss of national mineral resources.
8. From October to November 2020, in Dahe Village, Longjing Street, Youjiang District, Baise City, Luomou illegally exploited coal and sold it for profit in the name of increasing or decreasing linked projects without obtaining a mining license. In November 2020, the Natural Resources Bureau of Youjiang District of Baise City filed a case for investigation. After investigation, illegal coal mining 3. In November 2020, the Natural Resources Bureau of Youjiang District of Baise City transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In December 2020, the Natural Resources Bureau of Youjiang District of Baise City made an administrative penalty decision to confiscate the illegally mined coal. 3. In November 2021, the Baise Intermediate People's Court finally sentenced Luomou to four years and six months'imprisonment for the crime of illegal mining.
9. From March to April 2021, without obtaining a mining license, a company illegally exploited granite mines for profit in the Houziling mining area of Gaotu Village Committee, Yingzhou Town, Lingshui Li Autonomous County, in the name of the mine geological environment restoration and control project. In May 2021, Lingshui County Comprehensive Administrative Law Enforcement Bureau filed a case for investigation. After investigation, illegal mining and sale of granite ore 1. In August 2021, Lingshui County Comprehensive Administrative Law Enforcement Bureau transferred the case to the judicial organs for criminal responsibility on suspicion of constituting the crime of illegal mining. After filing a case for investigation, the public security organ has transferred it to the procuratorial organ for examination and prosecution.
10. From September to December 2020, without obtaining a mining license, four people, including yuan Mou-mou, illegally exploited limestone for profit in Nanmu Village, Jiaoshi Town, Fuling District, in the name of site leveling for the construction of a cattle farm project. In December 2020, the Planning and Natural Resources Bureau of Fuling District of Chongqing filed a case for investigation. 2. In December 2020, the Planning and Natural Resources Bureau of Fuling District of Chongqing transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In May 2022, the People's Court of Fuling District of Chongqing City sentenced four people, including yuan, to the crime of illegal mining, and sentenced them to fixed-term imprisonment ranging from seven months to one year, with fines ranging from 10,000 yuan to 15,000 yuan. The illegal gains of 719822 yuan were recovered, and 668 tons of limestone for building stones were seized; From March to May 2020, Sun Mou-mou, in the name of abandoned mine reclamation in the new village community of Dongshan Town, Qilin District, Qujing City, ordered the incidental civil public interest litigation to pay 900.97 million yuan for the loss of ecological service function of forest land and to bear the cost
of ecological restoration. Illegal mining and selling of coal for profit. In July 2020, the Natural Resources Bureau of Qilin District of Qujing City filed a case for investigation. After investigation, 1990 tons of coal were illegally mined. In September 2020, the Natural Resources Bureau of Qilin District of Qujing City transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining. In July 2021, the People's Court of Qilin District of Qujing City sentenced Sun Mou to two years'imprisonment, three years' probation and a fine of 5000 yuan for the crime of illegal mining, and recovered the illegal income
from January 2017 to September 2021. In the name of agricultural development, illegal exploitation of sand and gravel is sold for profit. In September 2021, Qingtongxia Natural Resources Bureau filed a case for investigation. After investigation, the illegal sale of sand, stone and soil 322. In September 2021, the Qingtongxia Natural Resources Bureau transferred the case to the judicial organ for criminal responsibility on suspicion of constituting the crime of illegal mining.In September 2022, the Yinchuan Railway Transportation Court ruled that the company had committed the crime of illegal mining and imposed a fine of 25 million yuan; three people, including Yang, were sentenced to three to four years and two months in prison, with fines ranging from 250,000 yuan to 5 million yuan; and the illegal gains were recovered.
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