The Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Cases of Illegal Occupation of Cultivated Land was issued by the Judicial Committee of the Supreme People's Court at its 1954th meeting on July 23, 2025. It was deliberated and adopted at the 63rd meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on November 21, 2025, and is hereby promulgated for implementation as of May 18, 2026.
administrative organ, after fulfilling its duty of reasonable and prudent investigation, is still unable to determine the subject of responsibility stipulated in the preceding paragraph, and takes the citizen, legal person or other organization who actually occupies and uses the land and refuses to cooperate with the administrative organ in disposing of the land according to law as the subject of administrative legal responsibility for illegal occupation of cultivated land, the people's court shall support it according to law. Except as otherwise provided by laws, regulations and rules. Article
2 After the administrative organ has made a decision according to law to order the suspension of construction or the demolition of newly built buildings and other facilities on illegally occupied cultivated land within a time limit, the construction unit or individual shall continue to construct. If the administrative organ takes measures such as sealing up the construction site to stop it in accordance with the provisions of relevant laws and regulations such as the Urban and Rural Planning Law, the people's court shall support it according to law. Article
3 The act of illegally occupying cultivated land shall be deemed to have the "continuing state" stipulated in the second paragraph of Article 36 of the Administrative Punishment Law before the cultivated land is restored to the unoccupied state, and the period of accountability for administrative penalties shall be calculated from the date of the end of the illegal act. Article
4 If a citizen, legal person or other organization refuses to accept the decision of the administrative organ to order the demolition within a time limit made in accordance with the Land Management Law, it shall apply to the administrative organ for administrative reconsideration in accordance with the provisions of Articles 20 and 21 of the Administrative Reconsideration Law, and refuses to accept the decision of the administrative reconsideration. If an administrative lawsuit is brought to the people's court within the legal time limit, or an administrative lawsuit is brought directly to the people's court within 15 days from the date of receiving the decision to order the demolition within a time limit, the people's court shall file a case according to law. In the same administrative decision, if the
administrative organ orders the illegal occupation of cultivated land to be demolished or fined within a time limit, the time limit for prosecution shall be governed by Article 46 of the Administrative Procedure Law and Articles 64 and 65 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China. However, when making the administrative decision, the administrative organ shall inform the decision to order the demolition within a time limit according to law, except that the 15-day time limit for prosecution stipulated in Article 83 of the Land Administration Law shall apply. Article
5 If a citizen, legal person or other organization refuses to accept the decision made by the administrative organ to order the demolition within a time limit and brings an administrative lawsuit to the people's court, the people's court considers that the evidence of the decision to order the demolition within a time limit is conclusive, the application of laws and regulations is correct, and the legal procedure is complied with. The judgment rejected the plaintiff's claim.
In case of any of the following circumstances, the judgment shall revoke the decision of ordering the demolition within a time limit, and the defendant may be ordered to make a new administrative act:
(1) Violating the provisions of Articles 74 and 77 of the Land Administration Law. Making a decision to order the demolition of buildings and other facilities that illegally occupy cultivated land for construction but whose use conforms to the territorial spatial planning within a time limit;
(2) making a decision to order the demolition of buildings and other facilities that should take corrective measures to eliminate the impact on the implementation of the planning within a time limit in violation of the provisions of Articles 64 and 65 of the Urban and Rural Planning Law;
(3) In violation of the provisions of Article 64 of the Urban and Rural Planning Law, a decision is made to order the demolition of buildings and other facilities that cannot be demolished within a time limit, such as those that will affect the safety of adjacent buildings or cause significant damage to the interests of the state and the public;
(4) Other circumstances conforming to the provisions of Article 70 of the Administrative Procedure Law. If the
revocation of the decision of ordering the demolition within a time limit will cause great damage to the interests of the state and the public, the people's court may order the defendant to take remedial measures while confirming that the decision of ordering the demolition within a time limit is illegal; if losses are caused to the plaintiff, the defendant shall be liable for compensation according to law. After the decision of
ordering the demolition within a time limit is made, the relevant departments shall adjust the land and space planning according to law, and the defendant shall change the administrative act of the defendant on the grounds that the relevant buildings and other facilities conform to the adjusted planning. If the plaintiff applies for withdrawal of the lawsuit, the people's court shall grant permission according to law. Article
6 Citizens, legal persons or other organizations conforming to the provisions of Article 25 of the Administrative Procedure Law request the people's court to adjudicate the administrative organs to perform their statutory duties or confirm that the acts of failing to perform their statutory duties are illegal on the grounds that the administrative organs have not fulfilled their statutory duties of investigating and dealing with the illegal occupation of cultivated land. The people's court shall, in accordance with laws and regulations, refer to rules and regulations, and in accordance with the provisions of the normative documents formulated by the State Council, its constituent departments and provincial people's governments on the issue of illegal occupation of cultivated land according to law, investigate and deal with whether the defendant has fulfilled the duties prescribed by the laws and regulations on land management, or make up for them according to law. And make a judgment in accordance with the law. Article
7 Where a citizen, legal person or other organization is damaged by the illegal approval of the occupation of cultivated land by an administrative organ and requests the people's court to decide that the administrative organ shall bear the liability for administrative compensation, the people's court shall, in accordance with the provisions of the Administrative Procedure Law and relevant judicial interpretations, make a judgment on the compensation for the damage caused by the illegal approval of the occupation of cultivated land by the administrative organ. Considering the role of the approval act in the occurrence and result of the damage and other factors, the liability of the administrative organ shall be determined according to law. Article
8 Where the parties agree to occupy cultivated land for building houses, building kilns, building graves, digging sand, quarrying, mining and collecting soil, as well as to buy, sell or lease houses built on cultivated land, which violate the provisions of Articles 2, 35 and 37 of the Land Management Law, the people's court shall determine that the agreement is invalid. Article
9 Where a contract for building houses, building kilns, building graves, digging sand, quarrying, mining and collecting soil on cultivated land, as well as for buying, selling or leasing houses built on cultivated land, is found to be invalid, the people's court shall, in accordance with the principles of good faith and fairness, impose a penalty of not less than 10000 yuan when determining the return of property, compensation for discounts and compensation for losses. According to the degree of fault of the parties, the civil liability of each party should be reasonably determined. Article
10 Where, in violation of the provisions of the law, the illegal occupation of cultivated land results in the destruction of the ecological environment and the protection of resources, and damages the interests of the state or the public, the People's Procuratorate may Institute public interest litigation in accordance with the Civil Procedure Law, the Administrative Procedure Law and other laws. Article
11 If a person violates the laws and regulations on land management and has one of the following circumstances, he shall be deemed to have illegally occupied cultivated land as stipulated in Article 342 of the Criminal Law and changed the use of the occupied cultivated land. Causing the destruction of cultivated land:
(1) Illegally occupying cultivated land to build houses and other facilities, buildings and structures have been formed, or the foundation and substructure of buildings and structures have been completed or the foundation construction has been completed, or the foundation pit has been excavated or the foundation pile has been basically completed;
(2) illegally occupying cultivated land to construct projects such as building kilns, building graves, digging lakes and creating landscapes;
(3) illegally occupying cultivated land to carry out activities such as digging sand, quarrying, mining and collecting earth;
(4) Illegal occupation of cultivated land, discharge of pollutants, stacking of waste, etc., resulting in serious pollution of cultivated land;
(5) Other illegal occupation of cultivated land, changing the use of occupied cultivated land, resulting in the destruction of cultivated land. Article
12 If one of the following circumstances occurs in the implementation of the acts specified in Article 11 of these Provisions, it shall be recognized as "a large amount of agricultural land, such as cultivated land and woodland, has been destroyed in large quantities" as stipulated in Article 342 of the Criminal Law, and if there are other provisions on black land, it shall be deemed as "a large amount of agricultural land, such as cultivated land and woodland". From its regulation:
(one) occupy illegally and destroy permanent and basic farmland 5 mus of above;
(2) occupy illegally and destroy the other cultivated land beyond permanent and basic farmland 10 mus of above;
(3) Illegally occupying and destroying cultivated land, although the quantity does not meet the standards stipulated in Items 1 and 2 respectively, but the total amount is converted according to the proportion of the corresponding standards to meet the standards;
(4) Having been subjected to more than two administrative penalties for illegally occupying agricultural land within two years, and illegally occupying cultivated land, the amount of which has reached more than half of the standards stipulated in Items 1 to 3.Article
13 Whoever violates the provisions of Article 342 of the Criminal Law, constitutes the crime of illegally occupying agricultural land, and at the same time constitutes the crime of polluting the environment and the crime of illegal mining, shall be convicted and punished in accordance with the provisions of heavier punishment. Article
14 When a unit commits the crime of illegally occupying cultivated land, the person in charge directly responsible and other persons directly responsible shall be convicted and punished in accordance with the conviction and sentencing standards of these Provisions, and the unit shall be fined. Article
15 Whoever commits the crime of illegally occupying cultivated land under any of the following circumstances shall be given a heavier punishment:
(1) continuing to commit the relevant act after the competent administrative department has made an administrative decision to order the cessation of the illegal act or to make corrections within a time limit;
(2) Violent resistance to or obstruction of state functionaries from performing their duties according to law;
(3) Bribery of state functionaries.
Whoever commits the acts specified in Items 2 and 3 of the preceding paragraph and at the same time constitutes other crimes such as the crime of obstructing public service, the crime of assaulting police, and the crime of offering bribes shall be punished in accordance with the provisions on combined punishment for several crimes. Article
16 Whoever commits the crime of illegally occupying cultivated land and actively carries out restoration and treatment to restore planting conditions may be given lenient punishment according to law. If the circumstances of a crime are minor and do not require criminal punishment, no prosecution may be initiated or criminal punishment may be exempted; if the circumstances are obviously minor and the harm is not serious, it shall not be treated as a crime. Article
17 Any functionary of a state organ responsible for the supervision and administration of cultivated land who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the state and the people, shall be convicted and punished for the crime of abuse of power or dereliction of duty in accordance with the provisions of Article 397 of the Criminal Law. Any functionary of a
state organ who engages in malpractices for personal gain, violates the laws and regulations on land administration, abuses his power and illegally approves the expropriation, requisition or occupation of cultivated land, if the circumstances are serious, shall be convicted and punished for the crime of illegally approving the expropriation, requisition or occupation of land in accordance with the provisions of Article 410 of the Criminal Law. Any functionary of a
state organ who commits the acts specified in the preceding two paragraphs and accepts bribes, which also constitutes the crime of accepting bribes, shall be punished in accordance with the provisions on combined punishment for several crimes. Article
18 If the crime of illegal occupation of cultivated land has been committed for many times and should be prosecuted according to law, or if the act of illegal occupation of cultivated land has been committed for many times within two years without being dealt with, the quantity and amount shall be calculated accumulatively. Article
19 Where a person who commits an act related to illegal occupation of cultivated land is not prosecuted, acquitted or exempted from criminal punishment, he shall be given administrative punishment, administrative punishment or other punishment according to law, and shall be transferred to the competent authorities concerned for handling according to law. Article
20 When executing effective judgments and mediation letters involving cultivated land, the people's court shall take the maintenance or restoration of cultivated land planting conditions as the criteria for stopping infringement, restoring the original state, removing obstruction and eliminating danger. If necessary, the people's court may entrust relevant institutions to assess whether the conditions for maintaining or restoring cultivated land have been met. Article
21 These Provisions shall come into force on May 18, 2026. Where the judicial interpretations previously made by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with these Provisions, these Provisions shall prevail.
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