1. If the village occupies private land, it may first apply for mediation or arbitration, and the parties may settle it by themselves, or request the villagers' committee or the township (town) people's government for mediation. If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they shall apply to the rural land contract arbitration institution for arbitration, or they may bring a lawsuit directly to the people's court.
2. Apply to the government first, and then bring a lawsuit to the court. Complaint handling or mediation to the land management department. Prosecution is the best solution. Let the judge mediate for you. If the villagers are allowed to mediate, it will be difficult to mediate, and if the words are fierce, it will cause unnecessary personnel disputes and accidents.
If the rural land is maliciously occupied by others, the right holder can defend his rights through the following channels:
1. Negotiate with the direct infringer to stop the infringement;
2. Seek mediation from the local village committee and police station;
3. Collect evidence of infringement, and then file a lawsuit with the court to stop the infringement and remove obstacles. Seizing collective public land is a village bully and has committed the crime of embezzlement.
Collect evidence of the other party's occupation, and then sue for the return of the land.
Illegal occupation of land without approval or by deception shall be ordered by the land administrative department of the people's government at or above the county level to return the illegally occupied land.
The act of occupying other people's land:
Illegal occupation of land without approval or by deception;
(two) rural villagers illegally occupy land to build houses without approval or by deception;
(3) occupying land in excess of the approved amount;
(four) to recover the land illegally approved for use according to law, and the parties refuse to return it;
5. Recover the right to use state-owned land according to law,
Both sides refused to hand over the land;
(6) Refusing to return the land upon the expiration of the temporary use of the land;
(seven) do not use the land in accordance with the approved purposes;
(eight) do not occupy land in accordance with the approved location and scope;
(nine) in the land use planning to determine the prohibition of reclamation area, was ordered to make corrections within a time limit, overdue correction;
(ten) the construction of permanent buildings and structures on temporary land;
(eleven) the buildings and structures that have been built before the formulation of the overall land use planning are not in conformity with the purposes determined by the overall land use planning, and are rebuilt or expanded.
Legal basis:
Article 243 of the Civil Code of People's Republic of China (PRC)
In order to meet the needs of public interests, collectively owned land, houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law. Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests. Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.
Article 14 of the Land Administration Law of the People's Republic of China disputes over land ownership and use rights, which cannot be resolved through consultation, shall be handled by the people's government. Disputes between units shall be handled by people's governments at or above the county level, and disputes between individuals and units shall be handled by people's governments at or above the township level. If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.