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中小企业租用农村集体所有的土地建设厂房的情形时有发生。当企业土地使用权及地上建筑物受到他人侵害时,企业土地及地上建筑物的合法性问题凸显,给企业维权带来障碍。即使受到侵权的企业财产中,土地是向村民委员会或居民委员会租用的土地、地上建筑物因无合法审批手续而为违章建筑,他人也无权侵犯。他人故意损毁公司财物的,宜认定因故意毁坏公司财物的行为而承担民事责任、行政责任或刑事责任。
The situation that small and medium-sized enterprises rent the land owned by rural collectives to construct factories has occurred from time to time. When the enterprise’s land use rights and the buildings on the ground are infringed upon by others, the legitimacy of the enterprise’s land and buildings on the ground is highlighted, which brings obstacles to the protection of enterprises’ rights. Even though the infringed property of the enterprise is the land rented to the villagers’ committees or neighborhood committees, the buildings on the ground are illegally built due to lack of legal examination and approval procedures, and others are not entitled to infringe upon them. Anyone who intentionally damages the property of a company shall be deemed liable for civil, administrative or criminal liability for intentional damage to the property of the company.