Guizhou Higher People's Court issued opinions to provide judicial guarantee for "rectifying the illegal occupation of farmland and building houses"

2022-08-08

Recently, the higher people's Court of Guizhou Province issued the opinions on Providing Judicial Services and guarantees for the pilot work of the special rectification of building houses on rural arbitrarily occupied farmland (for Trial Implementation), which provides Judicial Services and guarantees for rectifying the problem of building houses on rural arbitrarily occupied farmland according to law, and ensuring the reasonable land demand of rural villagers' houses and rural development. According to the opinions, it is required to attach great importance to the prosecution and acceptance of housing cases involving illegal occupation of cultivated land, try criminal, civil, administrative, environmental resources and other litigation cases involving illegal occupation of cultivated land according to law, timely adjudicate non litigation enforcement cases, support administrative organs to perform their duties according to law, and actively cooperate with the establishment of an enforcement mechanism of "court ruling approval, government organization implementation, and court on-site supervision". According to the law, we will support the relevant actions of the administrative organs on rectifying the damage of grain by shoveling seedlings, greenhouse houses and "two violations", pay attention to balancing the protection of arable land and the reform of the market-oriented allocation of rural factors, strengthen the field investigation, distinguish the specific situations of non residential and residential types occupying arable land for housing construction, and strengthen the examination of the behavior of occupying arable land for housing construction on the basis of case transfer, evidence acceptance and judgment. The opinions pointed out that innovating the judicial work mechanism is the way to maximize the stable resolution of contradictions and disputes related to the construction of houses in rural areas. We should strengthen policy convergence and ensure the implementation of the Rural Revitalization Strategy, and use judicial means to serve and consolidate the achievements of poverty alleviation. We will strengthen the guidance of litigation services, pay attention to resolving contradictions between letters and visits, and do a good job in dealing with social stability risks. Give play to the functions of the people's courts, promote grassroots governance in an overall manner, and enhance the availability and accessibility of litigation services. Promote the governance of the source of litigation, and understand and reduce contradictions, disputes and derivative cases from the source. We will explore the establishment of a collaborative trial mechanism for cases of misappropriation of arable land, improve the linkage mechanism between the government and the courts, and form an overall force for the protection of arable land. We will further strengthen the judicial investigation and research work on the construction of houses on illegally occupied farmland in rural areas, and go deep into rural areas to publicize the law on the construction of houses on illegally occupied farmland. (news agency)

Edit:Wei Li Bin    Responsible editor:Yin Bing

Source:People's Court Journal

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