Legal information

1. Introduction to the case

In April 2003, Mr. Li contracted the land of a certain village to operate a breeding farm. Later, Mr. Li used a forged official seal and pretended to be the person in charge of the village committee to sign and requisition the land as state-owned construction land through the Land and Resources Bureau. Song, a staff member of the Bureau of Land and Resources, failed to strictly follow the procedures when inspecting the land, causing Mr. Li to forge his official seal and signature on the cadastral survey form and the hearing delivery, and sold it at a lower price than the lowest price at the auction, resulting in the loss of 440,000 yuan in state-owned assets.

2. Court Judgment

The court of first instance found the defendant Song guilty of illegally transferring state-owned land use rights at a low price and sentenced him to six months in prison.

3. Lawyer comments

Lawyers answer questions:

1. What is the crime of illegally transferring state-owned land use rights at a low price?

According to Article 410 of the Criminal Law, state agency staff members who engage in malpractice for personal gain, violate land management regulations, abuse their powers, illegally approve the expropriation, expropriation, and occupation of land, or illegally transfer state-owned land use rights at a low price, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if they cause particularly heavy losses to the interests of the country or the collective, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

2. What are the criteria for filing a crime of illegally transferring state-owned land use rights at a low price?

1. Illegal transfer of state-owned land use rights of more than 2 hectares (30 acres) at a low price (including free of charge), and the price is lower than 60% of the prescribed minimum price;

2. Although the amount of state-owned land use rights transferred illegally at a low price does not meet the above standards, it causes the loss of state-owned land assets worth more than 200,000 yuan or serious damage to vegetation;

3. Illegal transfer of state-owned land use rights at a low price, affecting people's production and life, causing disputes, causing adverse effects or other serious consequences.

4. Lawyer advice

State agency staff must strictly abide by laws and regulations when performing their duties. Especially when handling matters involving the vital interests of the people, such as demolition and expropriation compensation, they must abide by the law and have an awareness of criminal legal risk prevention. Remember not to defy the law and regret it for life.