[Case Summary]This case is an administrative review case involving the investigation and handling of illegal land occupation. The applicants, Wang *1 and Wang *2, are villagers of Shuguang Village, Qianjin Town, A County, Henan Province. They legally contracted basic farmland. Due to the construction of the 2023 Slope Farmland Soil and Water Loss Comprehensive Management Project and the 2024 XJ Dike Project, their contracted land was illegally excavated, compacted, and damaged, and their production roads were cut off, making the land unsuitable for cultivation. On December 16, 2025, the applicants mailed a "Application for Investigation and Handling of Illegal Land Occupation" to the A County Natural Resources Bureau, but the bureau failed to file the case within the statutory time limit after receiving the application, constituting administrative omission. Beijing Henglu Law FirmI respect and admire you, YiThe lawyer represented the applicant in filing an administrative reconsideration application with the People's Government of A County. On September 11, 2026, the reconsideration organ issued the "Administrative Reconsideration Decision Letter" No. 8 of 2026, confirming that the respondent's administrative omission was illegal and prompting the perpetrator of the illegal act to be investigated for the crime of illegally occupying farmland, achieving the dual effect of "confirming the violation + criminal accountability".

I. Review of the case

When many villagers encounter problems such as "how to report and investigate the destruction of basic farmland" and "who to contact if arable land is damaged during construction in the village", they often don't know where to start. The applicants, Wang *1 and Wang *2, are farmers from Shuguang Village, Qianjin Town, A County, Henan Province, who have legally contracted basic farmland in their village for many years. In 2023, the slope-land water and soil loss comprehensive management project and in May 2024, the XJ embankment project were carried out within the same plot. During the construction process, the applicants' legally contracted arable land, slope-leveling terraces, and pepper fields were illegally excavated, compacted, and damaged, and the production roads leading to the fields were cut off, resulting in large-area land terracing, landslides, and depressions, with the soil layer completely destroyed. The land can no longer be cultivated or used for normal farming activities, causing significant economic losses to the applicants.

The XJ embankment project was inspected and approved by the Water Resources Bureau on December 27, 2024, but the damaged land had not actually been restored to farming conditions, constituting a case of "inspection passing but actual reclamation not completed". On December 16, 2025, the applicant mailed the "Application for Investigation into Illegal Land Occupation" (with the serial number 1……7) to the A County Natural Resources Bureau via EMS. The bureau received the document on December 17, but failed to provide any response within the legal time limit or initiate an investigation. Faced with the dilemma of "what to do when the administrative authority ignores the application for investigation", the applicant decided to entrust a lawyer to protect their rights.

On March 23, 2026, the applicant entrusted Beijing Henglu Law Firm to handle the case.I respect and admire you, YiThe lawyer filed an administrative reconsideration with the People's Government of A County, requesting that the respondent be confirmed to have failed to perform its duties of investigation, handling, and providing written responses within the statutory time limit, and be ordered to fulfill its obligations. The reconsideration organ accepted the case on March 30, 2026. During the review process, the review was suspended from June 16 to September 1, 2026, due to the respondent, Liu **, being suspected of criminal offenses. Subsequently, the review period was extended by 30 days after approval. On April 7, 2026, the respondent registered a case against Liu ** for damaging cultivated land (New Natural Resources Case No. 0……7 of 2026). On May 27, 2026, the case was transferred to the Environmental Resources and Food and Drug Crime Investigation Brigade of the A County Public Security Bureau, and on the same day, the county public security bureau decided to initiate an investigation. On May 15, 2026, the reconsideration organ organized a face-to-face hearing, and on September 11, 2026, it made a decision confirming the illegal act.

II. The focus of the case

  • After the administrative organ receives the application for investigation of illegal land occupation, if it fails to file a case within the prescribed time limit, does this constitute administrative omission, and can the defense of "selective performance of duties" be established?
  • Under the circumstances that the illegal act has been suspected of a criminal offense, the administrative organ has filed a case and transferred the case to the public security organ, is it still necessary to order the administrative organ to perform its statutory duties?

III. The professional intervention of Hengluo Law Firm

Both parties presented their arguments: The applicant claimed that after receiving the "Application for Investigation of Illegal Land Occupation", the A County Natural Resources Bureau failed to respond or initiate an investigation for a long time, constituting administrative omission. The applicant requested the court to confirm the illegality and order the respondent to perform its duties. The respondent, however, raised the defense of "selective performance of duties", arguing that it had already initiated an investigation into the overall illegal facts of the same plot of land under the case of "Liu ** destroying arable land", and the scope of the investigation had already covered all the illegal acts, so there was no situation of selective performance of duties.

I sincerely hope that you will be happy and healthy in the future.The main points of the lawyer's representation opinion are as follows:

First, accurately identify the core illegal fact of "late filing of a case". According to Article 67 of the Land Management Law, Article 54 of the Administrative Punishment Law, and Article 16 of the Measures for Administrative Punishment of Natural Resources, administrative authorities shall file a case promptly after discovering an illegal act. The respondent received the application on December 17, 2025, but did not file a case until April 7, 2026, which clearly exceeded the statutory time limit.

Secondly, regarding the defendant's defense of "selective performance of duties", the lawyer pointed out that even if the case of "Liu ** destroying cultivated land" is registered, it only shows the scope of the investigation, and cannot cover up the fact that the defendant failed to register the case on time and neglected to perform his duties of investigation and punishment.

Thirdly, we should rationally grasp the relationship between "confirming the illegality" and "ordering performance". Given that the case has entered the criminal procedure, it is meaningless to order performance again. The lawyer advocates confirming the original omission of duty as illegal according to law, so as to fix the illegal facts of the administrative organ and provide evidence support for subsequent state compensation and civil claims.

Fourth, we should pay attention to the connection between administrative punishment and criminal punishment. Through the reconsideration procedure, we can promote the administrative organ to file a case and transfer it to the public security organ, so as to achieve an effective connection from "administrative investigation" to "criminal accountability".

IV. Outcome of the case

On September 11, 2026, the People's Government of A County issued the "Decision on Administrative Reconsideration" No. 8 [2026], in accordance with Article 65 of the Law of the People's Republic of China on Administrative Reconsideration, deciding that the administrative omission of the respondent, A County Natural Resources Bureau, was illegal. The quantified results include: the reconsideration organ clearly determined that the respondent's failure to act from the date of receiving the application on December 17, 2025 to the date of filing the case on April 7, 2026 constituted an administrative omission; the illegal actor, Liu ***, has been investigated for the crime of illegally occupying agricultural land (Article 342 of the Criminal Law) by the A County Public Security Bureau on May 27, 2026, and criminal compulsory measures have been taken against him; the illegal facts confirmed by the reconsideration and the evidence of the criminal investigation have laid a solid foundation for the applicant to subsequently claim civil compensation for land reclamation costs, losses of seedlings (forestry) and losses of land income.

5. Henglu Law Firm's Advice

When encountering problems such as "how to protect rights if arable land is damaged by construction" and "what to do if no response is received after applying to the Natural Resources Bureau for investigation", the parties concerned should submit written applications for investigation within the statutory time limit and keep the mailing receipts. If the administrative authorities fail to file a case or respond within the time limit after receiving the application, they may apply for administrative reconsideration to confirm the omission as illegal. If the administrative authorities file a case within the time limit, it may constitute administrative omission. Although confirming the illegality does not directly order the performance of duties, it has independent legal value and can fix evidence for subsequent claims. This case is handled by Beijing Henglu Law Firm.I respect and admire you, YiyiThe attorney (practice license number: 11101202510973791, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and FAQs about Land Acquisition and Demolition and Administrative Litigation Cases

  1. Q: How to report and investigate the destruction of basic farmland? A: You can mail a written "Application for Investigation of Illegal Land Occupation" to the local natural resources authority and keep the receipt. If the case is not handled within the time limit, you can apply for administrative reconsideration or initiate administrative litigation.
  2. Q: What should an administrative organ do if it does not respond to an application for investigation and punishment? A: If the administrative organ fails to file a case or respond within the statutory time limit after receiving the application, it constitutes administrative omission. In this case, the applicant may apply for confirmation of the administrative omission in accordance with the Administrative Review Law.
  3. Q: What responsibilities will one bear for illegally occupying farmland? A: If the amount of arable land destroyed is significant and causes extensive damage to farmland, the person may be guilty of the crime of illegally occupying farmland under Article 342 of the Criminal Law, and will bear criminal responsibility.
  4. Q: What's the point of confirming that administrative omission is illegal? A: Although it may not necessarily lead to an order to perform the duties, it can establish the fact that the administrative organ acted illegally, providing evidence for subsequent state compensation and civil compensation.
  5. Q: How to claim compensation for the losses caused by the destruction of arable land? A: After the illegal facts are confirmed and the criminal proceedings are clarified, you can file a civil lawsuit in accordance with the law to claim the costs of land reclamation, the losses of seedlings and income, and other related damages.