[Case Summary]This case is an administrative lawsuit. In 1999, Li * contracted an orchard, and from 2004, Zhao * from the same village illegally built a graveyard on the forest land (over 100 square meters of cement and stone). After Li * filed a complaint, the Civil Affairs Bureau of XX County issued an "Administrative Handling Notification Letter" in 2025, stating that "the law does not apply retroactively" and refusing to handle the case. Li * then entrusted Beijing Henglu Law Firm to handle the case for him/her.Zhi Chao LiThe lawyer filed a lawsuit, requesting the revocation of the notice and an order to redress the situation. The core dispute is whether the factual findings and legal application in the notice are incorrect. The applicable legal provisions are Article 73 of the Forestry Law of the People's Republic of China and the Fujian Provincial Funeral Management Regulations. The court reviewed the errors in factual findings and improper application of the law, and the case entered the litigation process to confirm that the administrative handling was illegal.

I. Review of the Case Facts

What should be done if a cemetery is built on forest land? The parties concerned often search for terms such as "How to protect rights when contracted forest land is occupied for cemetery construction", "What to do if the Civil Affairs Bureau refuses to deal with illegal cemetery construction", and "Can the administrative handling notice be revoked?". In April 1999, Li * from XX County, Fujian Province signed a "Contract for Fruit Tree Planting on Mountain Land" with Shuguang Village Committee of Qianjin Town and obtained the contractual right to H Orchard. From 2004, Zhao * * from the same village built a cemetery for his parents on the orchard without approval or consent, occupying more than 100 square meters of land and erecting permanent buildings made of cement and stone. In 2007, the parents were reburied in the same cemetery, causing economic losses to the forestry operation. On May 2, 2024, Li * mailed a "Complaint Letter Requesting the Legal Demolition of Illegal Cemetery" to the XX County Civil Affairs Bureau, which received it on May 7; the case was reviewed on July 11; the county government instructed the Civil Affairs Bureau to handle it on October 13; on December 12, the Civil Affairs Bureau issued a "Reply Opinion on Handling the Complaint" stating that the law does not apply retroactively and refusing to handle the case; on December 27, Li * applied for a review and filed a lawsuit; on January 13, 2025, the county government revoked the review and ordered the Civil Affairs Bureau to fulfill its duties; on February 27, the court dismissed the lawsuit; and on May 6, the Civil Affairs Bureau issued an "Administrative Handling Notice" refusing to handle the case. Li * has entrusted a lawyer to handle the case. 林地被建坟怎么办，当事人常搜“承包林地被占建坟怎么维权”、“民政局不处理违建坟墓怎么办”、“行政处理告知书能撤销吗”。1999年4月，福建XX县李某与前进镇曙光村委会签订《果园承包合同》，取得H果园承包权。2004年起，同村赵某某未经审批、未经同意在果园内建坟墓安葬父母，占地100余平方米，建有水泥石材永久性建筑，2007年合葬，侵占林地造成经营损失。2024年5月2日，李某向XX县民政局邮寄《请求依法拆除违建坟墓投诉书》，5月7日收到；7月11日复议；10月13日县政府责令民政局处理；12月12日民政局作出《信访处理答复意见书》，称因法律不溯及既往不予处理；12月27日李某申请复查并提起诉讼；2025年1月13日县政府撤销信访答复，责令履职；2月27日法院驳回诉讼；5月6日民政局作出《行政处理告知书》，不予处理。李某委托律师代理案件。Zhai Chao LiAttorney's administrative litigation.

II. The focus of the case

  • Focus 1: Whether the facts have been misidentified.The defendant only relied on unilateral evidence such as the certificate from the village committee to determine that the building was completed in 2002, without conducting a comprehensive investigation into the construction time and scale.
  • Focus Two: Whether the application of the law was incorrect.Is it a logical error to not deal with the case based on the principle of "the law does not apply retroactively", and does it violate the Forestry Law and the Funeral Management Regulations?
  • Focus 3: Whether the notice should be revoked and redone.When the facts are unclear and the evidence is insufficient, should the party concerned be ordered to conduct a new investigation?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Li * claimed that the Civil Affairs Bureau's "Notice of Administrative Disposition" had made factual determinations that were incorrect and applied the law improperly. He requested that the notice be revoked and that the Bureau be instructed to conduct a new review in accordance with the law, with the defendant being responsible for the litigation costs.

The defendant argued that:The Civil Affairs Bureau argued that it dispatched staff to investigate the complaint upon receiving it, and based on the village committee's certificate, the person reported's explanation, the inscription on the tombstone, and customs, it was determined that the tomb was built in April 2002. It claimed that the tomb, which was built before the implementation of the "Fujian Province Funeral Management Measures", was not a target of rectification and was therefore deemed legal and would not be dealt with accordingly.

Hengluo Lawyer's Agency Opinion:Zhi Chao LiThe lawyer pointed out that, in terms of facts: The defendant only relied on the village committee's certificate, the villagers' testimonies, and the complainant's unilateral statement to determine that the building was completed in 2002, lacking objective supporting evidence such as construction records and images. Key facts such as the relocation time, construction process, scale, and materials were not clarified. On May 8, 2025, the XX County Natural Resources Bureau responded by confirming that Zhao * * * had violated Article 73 of the Forestry Law by building a tomb on forest land (land type: forest land) without approval and referred the case to the forestry bureau, proving that the notice of infringement had an unclear determination of facts. In terms of law: The "Notice of Administrative Processing" failed to handle the case due to the serious logical error of "the building was completed before the implementation of the measures". The "Fujian Provincial Funeral Management Regulations" prohibit building tombs on forest land, burying ashes in non-cemetery areas, and permanently constructing with cement and stone materials. The defendant misapplied the law based on incorrect facts and failed to handle the violation of legal provisions in accordance with the law.

IV. Outcome of the case

The case entered the administrative litigation process, and the court conducted a trial focusing on the factual determination and legal application of the notice. Hengluo Lawyer's Agency pointed out two errors in both factual determination and legal application: the defendant's evidence was all unilateral statements and had not been fully verified, which contradicted the feedback from the natural resources department confirming that the illegal construction occupied forest land; and it evaded the prohibitive provisions of the Forestry Law and the Fujian Provincial Funeral Management Measures by invoking the principle of "the law does not apply retroactively", which was an improper application of the law. Through the litigation, the court confirmed that the Civil Affairs Bureau's "Administrative Handling Notice" had errors in factual determination and legal application, laying a foundation for the plaintiff to safeguard their rights in the future.

5. Hengluo Law Firm's Reminder

This case is handled by Attorney Xie Chao Li of Beijing Henglu Law Firm (Practice Certificate No.: 11101202311629788, subject to the certificate issued by the judicial administrative organ). If the contracted forestland is infringed upon, the rights holder may file a complaint with the competent department and request an investigation; if the administrative organ evades the prohibitive legal provisions by invoking the "law not applying retroactively", the case can be rectified through reconsideration litigation. Reminder to contractors: if you find that the forestland has been used to build graves, please retain the relevant images and obtain the identification from the natural resources department. It is recommended to entrust a professional lawyer to confirm the illegality of the administrative handling.

VI. Common Questions and Answers about Land Acquisition and Demolition Cases

  1. Q: How to protect one's rights if the contracted forest land is occupied for the construction of a tomb?
    A:Complain to the civil affairs department to request demolition, and obtain the determination of the illegal occupation of forest land by the natural resources department. If necessary, initiate litigation to confirm the administrative handling of the illegal act.
  2. Q: What should I do if the Civil Affairs Bureau refuses to deal with the illegal construction of a tomb?
    A:For the notification letters that are not dealt with, the parties concerned may file for reconsideration or litigation, claiming that the facts have been misidentified or the law has been misapplied, and requesting the revocation and redrafting of the decision.
  3. Q: Can the administrative handling notice be revoked?
    A:Yes. If the court relies solely on unilateral evidence to determine the facts and evades the prohibitive provisions by invoking the principle of "the law does not apply retroactively", the court may confirm the illegality or revoke the decision.
  4. Q: What laws are violated by building a graveyard in a forest?
    A:Violate the provisions of the Forest Law regarding the occupation of forest land, and the provisions of the Funeral Management Measures that prohibit the construction of graves in forest land and the use of cement and stone materials for permanent construction.
  5. Q: What should I do if the government fails to respond to my petition?
    A:If the petition matters involve illegal investigations, the petitioner may request a review; if the administrative organ still fails to perform its duties, the petitioner may confirm through litigation that the administrative organ has not performed its duties in accordance with the law.