What laws and regulations are violated by occupying open space to set up parking lots?

It is a violation of the Land Administration Law of the People's Republic of China to set up a parking lot by occupying open space. Those that do not belong to themselves have no right to enforce the law, and should be executed by the urban management department or the land management department. Whether Kugaji belongs to himself or not is determined by the ownership certificate of homestead or contracted land. This can only be determined by checking the drawings left by the village or the Land and Resources Bureau.

Legal analysis

The ownership of land in China is either state-owned or collective. Not an inch of land is ownerless, even wasteland and desert. Citizens and legal persons can only obtain the right to use the land through allocation or transfer (collective farmers and township enterprises obtain the right to use the land through the provisions of collective land), but it is illegal to use the land without legal means, and it is also illegal to build houses on this land, and the relevant departments will order it to be demolished. Illegal occupation of land without approval or by deception shall be ordered by the land administrative department of the people's government at or above the county level to return the illegally occupied land; Violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, demolition of new buildings and other facilities on illegally occupied land within a time limit, and restoration of land to its original state; In line with the overall land use planning, it shall be confiscated and may be fined; The person in charge and other persons directly responsible for the illegal occupation of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Those who occupy land in excess of the approved amount shall be punished as illegal occupation of land. The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

legal ground

Article 76 of the Land Management Law of the People's Republic of China violates the provisions of this law and refuses to perform the obligation of land reclamation, and the competent department of natural resources of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to pay the reclamation fee, which shall be used exclusively for land reclamation and may also be fined.