Building a golf course in the name of building a plant ecological park can't escape the French Open —— What is the illegal land occupation case of Huayi Group in Luoyang City, Henan Province?

200 1, 10, Huayi Group, Luoyang City, Henan Province leased 530 mu of collective land in the Sui and Tang Dynasties site in Luoyang City to build a golf course in the name of building a plant ecological park. At the time of investigation by relevant departments, a small golf driving range covering more than 30 mu and a 9-hole golf course covering 405 mu have been built.

During the illegal occupation of land by China-Israel Group, Luoyang Municipal Bureau of Land and Resources and Luolong District Bureau of Land and Resources issued suspension notices to the group respectively, ordering it to stop its illegal activities and put it on file for investigation. After the penalty decision is issued, the tee of the golf course has been dismantled and the related building facilities have been cleaned up. The Supervision Bureau of Luoyang Municipal Commission for Discipline Inspection gave Xu Jinhong, the deputy head of Luolong District with leadership responsibility, a warning within the party, Fu Jianxiu, the former director of Luoyang Construction Bureau with leadership responsibility, and Yang, the former deputy director of Luoyang Construction Bureau with direct responsibility, an administrative dismissal. Luoyang municipal government has made a written inspection to Henan provincial government.

Analysis of this case is a case of leasing collective land to build a golf course in the name of building a plant ecological park.

According to the provisions of Articles 43 and 44 of the Land Management Law, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law. Where agricultural land is converted into construction land, it shall go through the examination and approval procedures for the conversion of agricultural land. It is illegal for Huayi Group to lease collective land to build a golf course without authorization. According to the provisions of Article 76 of the Land Management Law, the Bureau of Land and Resources of Luolong District of Luoyang City shall order the illegal land users to return the land, demolish the newly-built buildings in violation of the overall land use planning, and restore the land to its original state.

In addition, the land type of 530 mu of collective land in this case is not clearly stated, and whether the parties are suspected of criminal offences remains to be investigated. Involving cultivated land, in line with the provisions of Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Land Resources (Fa Shi [2000]14), the administrative department of land and resources shall be convicted and punished for the crime of illegal occupation of cultivated land in accordance with the provisions of Article 342 of the Criminal Law.

The case also made no mention of the treatment of collective landowners. According to the provisions of Article 81 of the Land Management Law, rural collective economic organizations should be ordered to make corrections within a time limit, confiscate their illegal income and impose a fine.