Prosecution Of Fraudulent Land-Use Rights Sales
1. Zhangzhou Land-Use Rights Fraud (Fujian Province, 2014)
Facts:
A developer in Zhangzhou sold land-use rights for several plots of farmland to multiple buyers. The developer promised urbanization approval and construction rights but never held proper authorization. Several farmers and investors purchased the rights and paid large sums.
Criminal Law Issues:
Fraudulent sale of land-use rights constitutes fraud under Article 266 of the Criminal Law.
False promises and receipt of funds with no intention to transfer the rights establish criminal intent.
Outcome:
The court sentenced the developer to 10 years in prison and fined him for the damages caused. Investors were partially compensated through asset seizure.
Analysis:
This case shows that unauthorized sale of land-use rights is treated seriously, and courts often combine prison sentences with fines and restitution to victims.
2. Henan “Fake Land Auction” Case (2012)
Facts:
A group of local government officials and private investors in Henan illegally sold land-use rights to real estate developers. The land had not been properly transferred from collective ownership, and the buyers paid millions in deposits.
Criminal Law Issues:
This involved collusion between private parties and officials, violating fraud laws (Article 266) and potentially abuse of power (Article 397).
Illegal sale of collective land without approval is prohibited under Land Administration Law.
Outcome:
Several private actors were sentenced to 5–12 years in prison.
Local officials involved received administrative and criminal penalties.
Buyers were largely considered victims and received restitution when possible.
Analysis:
The involvement of government officials highlights the overlap between fraud prosecution and anti-corruption measures. The law is strict when public land is involved.
3. Chongqing Rural Land Fraud Case (2016)
Facts:
A man posed as a village representative and sold land-use rights for farmland in a rural Chongqing township. He collected payments from multiple buyers, promising construction permits for housing and commercial use.
Criminal Law Issues:
Fraudulent misrepresentation of land rights: Article 266.
Misappropriation of funds from buyers: embezzlement or misappropriation may be secondary charges.
Outcome:
The fraudster was sentenced to 12 years imprisonment.
Assets seized were used to partially compensate victims.
Analysis:
This case demonstrates that even in rural areas, courts recognize buyers’ rights and punish fraudulent land-use rights sales severely.
4. Jiangsu Urban Land Auction Fraud (2013)
Facts:
An illegal land broker in Nanjing orchestrated a fake public auction for land in an urban district. Developers paid large sums for plots that were not approved for sale, and the broker falsified official documents.
Criminal Law Issues:
Fraud (Article 266).
Forgery of official documents (Article 280) to mislead buyers.
Illegal benefits derived from falsified land transactions.
Outcome:
Broker sentenced to 15 years imprisonment.
Confiscation of fraudulent proceeds and compensation orders for victims.
Analysis:
This case shows the intersection of fraud and document forgery in land-use rights crimes, highlighting the court’s focus on intentional deception.
5. Hunan Collective Land Sale Fraud (2015)
Facts:
In a Hunan township, several individuals sold collective farmland for commercial development without villagers’ consent. Buyers paid significant deposits and were later denied legal ownership.
Criminal Law Issues:
Unauthorized sale of collective land (violating Land Administration Law).
Fraudulent receipt of funds (Article 266).
Misrepresentation of legal ownership rights.
Outcome:
Two main perpetrators received 10 and 12-year prison sentences.
Additional fines and confiscation of proceeds were imposed.
Local villagers were recognized as victims and partially compensated.
Analysis:
The case underscores the vulnerability of collective land ownership systems to fraud, and courts treat misrepresentation of ownership rights as a serious offense.
6. Zhejiang Illegal Land Transfer Case (2017)
Facts:
An entrepreneur in Zhejiang illegally sold land-use rights for agricultural land, claiming it was zoned for industrial development. Multiple companies paid for the rights, later discovering the land was not zoned for commercial use.
Criminal Law Issues:
Fraudulent misrepresentation (Article 266).
Misleading multiple buyers for personal gain.
Possible administrative violations for illegal land transactions.
Outcome:
Sentenced to 8 years imprisonment, fines imposed.
Criminal court emphasized restitution to victims.
Analysis:
This case illustrates how fraudulent land-use rights transactions often combine financial fraud and violation of land-use regulations, and the courts consistently punish intentional deception.
7. Sichuan “Phantom Land” Fraud Scheme (2018)
Facts:
Several individuals in Sichuan sold land-use rights for non-existent plots, providing fake documentation to investors. Victims lost millions of yuan.
Criminal Law Issues:
Fraud (Article 266).
Forgery of documents (Article 280).
Organized crime elements could also apply.
Outcome:
Organizers received 10–15 years imprisonment.
Partial compensation through asset seizure.
Analysis:
The case demonstrates the potential scale of fraudulent land schemes and the heavy penalties for orchestrators.
Summary of Legal Principles
Fraudulent Land-Use Rights Sale is prosecuted under Article 266 of the Criminal Law.
Forgery or falsification of documents enhances punishment.
Unauthorized sale of collective land violates the Land Administration Law and adds to criminal liability.
Courts often combine imprisonment, fines, and restitution, particularly when multiple victims are involved.
Government official involvement can lead to additional charges like abuse of power or corruption.
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