Is it a crime to operate a cemetery illegally? The behavior of the parties concerned has disturbed the relevant market order and constituted the crime of illegal business operation according to law. According to Article 225 of the Criminal Law, if the crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or confiscated of his property: (1) dealing in franchise, monopoly goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.
How to deal with the crime of illegal business operation in the illegal cemetery of Anlingyuan refers to the illegal business operation without permission, such as dealing in franchise, monopoly goods or other restricted goods, buying and selling import and export licenses, import and export certificates of origin, business licenses or approval documents stipulated by other laws and administrative regulations, and engaging in other illegal business activities that disrupt market order and have serious circumstances. The illegal cemetery contract is invalid. The illegal cemetery contract violates the mandatory provisions of laws and administrative regulations, and also violates public order and good customs, so the contract is invalid. An invalid contract is not legally binding from the beginning. The two sides of the land occupied by the tomb can negotiate or report to the relevant departments for handling. What are the treatment methods for illegally occupying cultivated land? Illegal occupation of cultivated land to build kilns and graves, or unauthorized building, sand digging, quarrying, mining and earth borrowing on cultivated land, which damages the planting conditions, or land desertification and salinization caused by land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections within a time limit, and may also be fined not more than two times the land reclamation fee. If a unit or individual illegally occupies more than five acres of basic farmland or more than ten acres of cultivated land other than basic farmland, building kilns, graves, houses, dredging sand, quarrying, mining, borrowing soil, stacking solid wastes or carrying out other non-agricultural construction, resulting in serious damage or pollution to the planting conditions of more than five acres of basic farmland or more than ten acres of cultivated land other than basic farmland, criminal responsibility shall be investigated according to law. Summary: "If it is an illegal cemetery, it can only be relocated by itself, otherwise the government has the right to level or compete for land. This must be relocated by itself first, otherwise the consequences will be at your own risk. However, before using the land, the government or other departments will tell you how long it will take to relocate, make a notice, and announce it in newspapers or other publicity before using the land. If it is useless, the general government will not deal with it." Legal basis: Article 9 of the Regulations of the People's Republic of China on Funeral Management. No unit or individual may build funeral facilities without approval. Public welfare cemeteries in rural areas shall not provide grave land for people other than villagers. It is forbidden to establish or restore clan cemeteries. Article 1 It is forbidden to build graves in the following areas: (1) Cultivated land and forest land; (two) city parks, scenic spots and cultural relics protection areas; (3) Near reservoirs and river dams and water source protection areas; (four) on both sides of the railway and highway trunk lines. The existing graves in the area specified in the preceding paragraph shall be moved or buried within a time limit without leaving graves, except for cemeteries with historical, artistic and scientific value protected by the state. Eleventh strictly limit the cemetery grave area and service life. Where burial or burial of ashes is allowed according to the plan, the area and service life of the grave where the remains are buried or the ashes are buried shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land. Article 342 of the Criminal Law of the People's Republic of China * * * whoever illegally occupies farmland, forest land and other agricultural land in violation of land management regulations, changes the use of the occupied land in a large amount, thus causing massive destruction of farmland, forest land and other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.