China's judicial authorities have committed to strengthening the protection of cultivated land as part of efforts to ensure food security and reinforce the legal foundation for sustainable agricultural development.
The Supreme People's Court and the Supreme People's Procuratorate recently jointly issued a 21-article judicial interpretation aimed at addressing the illegal occupation of cultivated land, facilitating the efficient handling of related administrative, civil and criminal disputes, and further unifying adjudication standards, thereby effectively safeguarding the legitimate rights and interests of farmers.
For example, the interpretation explicitly prohibits acts such as occupying cultivated land to build structures or graves, digging sand, quarrying, mining, taking soil, and contracting for the sale or lease of houses built on such land. It requires courts to void contracts involving such acts.
According to the interpretation, which took effect on Monday, if the illegal occupation of cultivated land causes environmental pollution or ecological damage that harms the interests of the state or the public, prosecutors are allowed to initiate public interest litigation.
It stipulates that those who commit the crime of illegal occupation of agricultural land while also engaging in environmental destruction or illegal mining should face harsher punishment. Acts such as refusing to rectify illegal land occupation after being ordered to do so by administrative authorities, violently resisting or obstructing government officers, or bribing the officers will also be deemed serious offenses, leading to more severe penalties.
In addition, the interpretation strengthens oversight of law enforcement personnel. It clarifies that government officers who engage in malpractice for personal gain or abuse their power by illegally approving the expropriation or occupation of cultivated land, causing serious consequences while also accepting bribes, should face harsher punishment for multiple crimes concurrently.
"Cultivated land is the backbone of food production, so stronger legal measures must be used to enhance its protection and improve its quality, as required by the central authorities," said Geng Baojian, a member of the judicial committee of the SPC. In January, the central leadership explicitly called for resolute action against the destruction of cultivated land and the illegal construction of houses on rural farmland.
Geng noted that Chinese courts have continuously strengthened the adjudication of cases involving cultivated land in recent years to ensure the security of land resources, food and the ecosystem. Data shows that between 2020 and 2025, courts countrywide concluded nearly 240,000 administrative cases, around 400,000 civil cases and more than 45,000 criminal cases related to this field.
To improve the efficiency and quality of adjudication, the top court has publicized a number of landmark cases and formulated various judicial policies and documents, including those addressing criminal cases involving damage to land, grasslands and forests, as well as rules on handling illegal structures on occupied farmland, according to Geng.
Yu Shuangbiao, deputy head of the legal policy research office of the SPP, highlighted the timeliness of the new judicial interpretation. He said allowing prosecutors to initiate public interest litigation against the illegal occupation and destruction of cultivated land is a significant step toward strengthening environmental protection through legal oversight.
He emphasized that the move also implements the Ecological and Environmental Code, which was adopted in March as China's second law titled a "code" and serves as the legal foundation in this field.
Yang Jianbo, head of the research office, revealed that Chinese prosecutors have also formed collaborative mechanisms to protect cultivated land by launching special campaigns with other government departments.
"For example, we've worked with the Ministry of Agriculture and Rural Affairs to support the development of high-standard farmland," he added. "We've joined forces with the Ministry of Natural Resources to establish a land enforcement mechanism aimed at strengthening the protection of cultivated land and safeguarding public and state interests."