[Case Summary]This case involves the investigation and handling of illegal land occupation and the coordination of law enforcement and criminal prosecution in administrative cases. Wang *1 and Wang *2, villagers of Shuguang Village, Qianjin Town, A County, Henan Province, legally contracted basic farmland. In May 2024, Liu * * * illegally occupied about 20 mu of land in the village (including 0.5 mu, 0.9 mu, and 3 mu of basic farmland contracted by the applicants) for earthwork without approval, resulting in land hardening, the removal of the topsoil, and the damage to 9-year-old pepper trees and 10-year-old persimmon trees. The applicants entrusted others to handle the case on their behalf.I respect and admire you, YiOn December 16, 2025, the lawyer mailed the "Application for Investigation of Illegal Land Occupation" to the Natural Resources Bureau of A County. After the bureau registered the case, it determined that Liu * * * had violated Articles 37 and 75 of the Land Management Law, and transferred the case to the public security organ. Liu * * * was investigated for the crime of illegally occupying agricultural land and subjected to criminal compulsory measures, achieving an effective connection between "administrative investigation + criminal accountability".

I. Review of the case facts

Applicants Wang *1 and Wang *2 are villagers of Shuguang Village, Qianjin Town, A County, Henan Province, who legally contracted basic farmland in their village. Many villagers encounter the dilemma of "how to report and investigate illegal land occupation", and this case provides a complete reference for the investigation path. In May 2024, Liu * * * illegally occupied about 20 mu of land in the village for earth excavation without approval.

This involves the 0.5 mu, 0.9 mu, and 3 mu of basic farmland contracted by the applicant, which has led to land hardening, the removal of the cultivation layer, and the destruction of irrigation conditions. In addition, it has damaged the 9-year-old pepper trees and 10-year-old persimmon trees on the applicant's land, seriously infringing the applicant's legitimate rights and interests.

On December 16, 2025,I respect and admire you, YiyiThe lawyer mailed the "Application for Investigation of Illegal Land Occupation" to the A County Natural Resources Bureau via EMS on behalf of the applicant, requesting that the bureau initiate an investigation into the illegal land occupation, destruction of arable land, and damage to forestry resources, order the responsible parties to restore the land to its original state, compensate for the losses, and hold them legally accountable. The A County Natural Resources Bureau received the document on December 17, 2025.

On April 7, 2026, the Natural Resources Bureau of A County registered a case against Liu ** for damaging cultivated land (New Natural Resources Registration No. [2026]0…7), finding that he had illegally occupied about 20 mu of land for earthwork without approval, violating the provisions of Articles 37 and 75 of the Land Management Law and damaging the cultivated land's planting conditions. Subsequently, the bureau transferred the case to the public security organ for investigation in accordance with the law. Liu ** was suspected of illegally occupying agricultural land and was subject to criminal compulsory measures.

II. The focus of the case

  • For the act of illegally occupying basic farmland to extract soil and destroy the arable layer, which provisions of the Land Management Law should be applied, and how should the illegal act be identified?
  • How can the administrative investigation and punishment procedures be effectively linked with criminal accountability to promote the initiation of criminal cases against suspected offenders?
  • How can the administrative investigation and criminal case filing decisions lay the foundation for the applicants' subsequent civil compensation (land reclamation, forest loss)?

III. The professional intervention of Hengluo Law Firm

The applicants (Wang *1 and Wang *2)'s position: The basic farmland they legally contracted was illegally damaged by earth excavation. They request the administrative organ to investigate and deal with the case, restore the original state, compensate for the losses, and hold those responsible legally accountable.

The defendant (A County Natural Resources Bureau) is responsible for: having the statutory duty to investigate and deal with illegal land occupation and destruction of cultivated land within its jurisdiction.

I respect and admire you, YiyiThe attorney's opinions are outlined as follows:

First, accurately initiate the administrative investigation and punishment procedures. Lawyers should accurately apply the provisions of the Land Management Law regarding acts of damaging cultivated land, and timely submit the "Application for Investigation and Punishment of Illegal Land Occupation" on behalf of their clients, preserving the mailing receipts and sign-in records to ensure that the administrative authorities accept the case in accordance with the law.

Secondly, closely monitor the progress of the case and promote the identification of the entity. We will continue to follow up on the administrative authority's investigation to urge the bureau to identify Liu * * * as having violated Articles 37 and 75 of the Land Management Law and damaged the cultivation conditions of arable land.

Thirdly, promote the connection between administrative punishment and criminal prosecution. Lawyers closely monitor whether the case involves criminal offenses and, in accordance with the law, urge administrative authorities to transfer suspected criminal cases to public security organs, achieving the procedural connection of "administrative investigation + criminal accountability", so that the offenders can be subject to criminal prosecution.

IV. Outcome of the case

After conducting an investigation and confirming that Liu * * * illegally occupied about 20 mu of arable land for earthwork and construction, and destroyed the cultivation conditions of arable land without authorization, violating the relevant provisions of the Land Management Law, the Natural Resources Bureau of A County initiated a case against Liu * * *. The public security organ has initiated an investigation into Liu * * * on suspicion of illegally occupying farmland, and Liu * * * has been subject to criminal compulsory measures. The case has entered the investigation stage. This is a typical example of the effective linkage between "administrative investigation and criminal accountability".

The core legal basis: For acts of illegally occupying and destroying basic farmland, Article 37 of the Land Administration Law (prohibiting the use of permanent basic farmland for forestry and fruit farming, or digging ponds for fish farming, etc.) and Article 75 (violation of the provisions of this Law, occupying arable land for kiln construction, burial, or unauthorized construction of buildings, sand mining, stone mining, and earth extraction on arable land, which destroys planting conditions, shall be ordered to make corrections or remedies within a specified time limit, and may be fined concurrently) shall apply; where suspected of a crime, criminal responsibility shall be investigated in accordance with Article 342 of the Criminal Law for the crime of illegally occupying farmland.

The administrative investigation decisions and criminal case filing decisions provide a solid evidence base for applicants to subsequently initiate criminal incidental civil actions or separate civil actions to seek compensation for land reclamation costs, losses of seedlings and trees, and losses of land revenue, etc.

5. Henglu Law Firm's Reminder

When encountering illegal land occupation and destruction of basic farmland, the rights holders should promptly submit a written application for investigation and enforcement to the competent natural resources departments and keep the mailing and receipt certificates to urge the administrative authorities to perform their duties; for those suspected of committing crimes, they should promote the transfer of the case to the criminal justice system to achieve the connection between administrative and criminal justice. Subsequently, they can entrust evaluation agencies to evaluate the land reclamation, the loss of surface attachments, and other aspects to prepare evidence for civil compensation litigation, and investigate the property clues of the responsible persons to ensure the execution of the judgment.

This case is handled by Beijing Henglu Law Firm.I sincerely wish you all the best.The attorney (practice certificate number: 11101202510973791, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Common Questions and Answers about Investigating and Handling Cases of Illegal Land Occupation

  1. Q: What should I do if I find someone illegally occupying basic farmland to dig soil?
    A: You can submit a written "Application for Investigation of Illegal Land Occupation" to the local natural resources competent authority and keep the mail receipt, demanding that the authority initiate an investigation, restore the original state of the land, and compensate for the losses.
  2. Q: Will someone be imprisoned for illegally occupying land and destroying arable land?
    A: If someone illegally occupies basic farmland and other arable land on a large scale, causing extensive damage to arable land, they will be guilty of the crime of illegally occupying agricultural land according to Article 342 of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may also be fined or given a single fine.
  3. Q: What should be done if the administrative authorities fail to investigate and deal with illegal land occupation?
    A: The employer may be ordered to perform his duties within a specified period of time. If he fails to do so within the time limit, he may apply for administrative reconsideration or initiate administrative litigation to urge the competent authority to investigate and deal with the case in accordance with the law.
  4. Q: What kind of compensation can be claimed if the land has been damaged?
    A: You can claim compensation for land reclamation costs, losses of seedlings and structures on the land (such as trees), and losses of land revenue, etc. It is recommended to entrust a qualified institution to evaluate the losses and preserve the evidence.
  5. Q: Can I still seek civil compensation after a criminal case has been filed?
    A: Yes. You can file a criminal incidental civil action in a criminal trial, or file a civil lawsuit separately to claim compensation after the criminal proceedings are completed.