China commits to strengthening controls on illegal building to protect farmland

Chinese authorities have committed to tough measures to safeguard arable land by releasing case studies involving the confiscation and disposal of illegal buildings and structures.

The Supreme People’s Procuratorate (SPP) and the Ministry of Natural Resources have published four typical cases from Sichuan, Guangxi, Hebei, and Heilongjiang.

An SPP official noted that removing illegal buildings and structures remains a challenge for Chinese prosecutors in land use law enforcement. This situation necessitates strengthened accountability, clearer disposal procedures, and effective handling of cases by relevant authorities.

The SPP and the ministry plan to enhance regular communication mechanisms, including transfer of leads, information sharing, and case reporting.

They also aim to improve institutional frameworks to better address land use violations, thereby ensuring the protection of arable land and food security.

In March 2022, the SPP and the MNR jointly issued a guideline on establishing a coordination mechanism between administrative prosecution and administrative enforcement, aiming to promote enforcement cooperation in the field of unlawful occupation of land.

On top of the typical cases of administrative non-litigation enforcement supervision in 2023, the two agencies have released four cases involving disposal of illegal construction on land this year in order to further advance the implementation of the coordination mechanism.

In the next phase, the two agencies will continue to promote the establishment of a sound mechanism for communication on a regular basis, including the transfer of clues, information sharing and case reporting, and enhance institutional development and top-level design in order to better address issues related to land violations and effectively safeguard the red line to ensure sufficient arable land and food security.


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