Legal analysis
According to relevant laws, citizens enjoy the right to use land, and their rights are not allowed to be violated by others. Therefore, the right to use the land cannot be infringed by others, and the land user has the right to occupy the land occupied by the land use right obtained according to law, and no one may infringe upon it. The illegal occupation of the land used by the land use right holder by others is an infringement on the possession and use right of the land use right holder. When the land use right is infringed, the land use right holder has the right to take measures to safeguard the rights according to law, and may request the land administration department of the local city or county people's government to order the infringer to remove the obstruction, stop the infringement, return the land, restore the original state and compensate for the losses. If the transferor of the land use right violates the land use right transfer contract and causes losses to the land use right holder, the land use right holder has the right to claim compensation. However, it should be pointed out that the compensation here is not tort compensation, but breach of contract compensation. Infringement of the land use right of others, if the circumstances are not serious, does not constitute a crime. The infringed party may settle the dispute by litigation, and may require the other party to make certain compensation for the losses that have occurred. However, if the behavior is serious and has violated the criminal law, the parties concerned will be put on file for investigation by the public security organs and may eventually bear corresponding criminal responsibilities.
legal ground
People's Republic of China (PRC) Civil Code
Article 5 The lawful civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them.
Article 75 A citizen's personal property includes his lawful income, house, savings, articles for daily use, cultural relics, books and reference materials, trees, livestock, means of production and other lawful property permitted by law. The lawful property of citizens is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal up, detain, freeze or confiscate it.