Land and resources administrative penalties
(April 10, 2014 2nd Ministerial Conference of the Ministry of land and resources through May 7, 2014, the Ministry published 60th since July 1, 2014) Chapter I General provisions
First to standardize the implementation of land and resource administrative punishment, protection and supervision of land and resources departments to perform their duties, protect the legitimate rights and interests of natural persons, legal persons or other organizations, in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China land administration law and the People's Republic of China Law on mineral resources, such as land and resource management laws and regulations, these measures are formulated.
II land and resources authorities above the county level in accordance with the statutory powers and procedures, a natural person, legal person or other organization acts contrary to the land and resource management laws and regulations impose administrative penalties, application of this approach.
Land and resources authorities impose administrative penalties article, and follow the principles of fairness, openness, clear facts, evidence, accurate, properly, the program legal, punishment is appropriate.
Fourth, land and resources administrative penalties include:
(A) a warning;
(B) a fine;
(C) confiscation of illegal gains, the confiscation of unlawful property or things;
(E) revocation of exploration and mining licenses;
(Vi) other administrative penalties stipulated in laws and regulations.
Chapter II jurisdiction
Illegal cases of land and resources by the fifth section of land, mineral County, where land and resource administration jurisdiction, laws and regulations, and except as otherwise provided in this way.
The sixth jurisdiction of provincial and municipal land and resources authorities within their respective administrative areas major, complex, and laws and regulations should be illegal cases of land and resources under its jurisdiction.
Seventh National within the jurisdiction of the Ministry of land and resources major, complex laws and regulations should be illegal cases of land and resources under its jurisdiction.
The eighth under any of the following circumstances, the superior land and resources administration has jurisdiction over lower-level land resource authorities in cases covered:
(I) lower land and resources authorities should initiate an investigation and not to initiate an investigation;
(B) the complexity of the case, circumstances are bad, have a significant impact.
Land and resources departments can use this superior jurisdiction of the case to the lower land and resources administration jurisdiction, laws and regulations except those under its jurisdiction.
Nineth has jurisdiction over land and resource administration for special reasons cannot exercise jurisdiction, can be reported to the Department of land and resources at a higher level for designation of jurisdiction.
Of a jurisdictional dispute between the competent departments of land and resources, and on the approval of the common level of land and resources departments to exercise jurisdiction.
Level land and resources departments should receive a designated jurisdiction within seven working days from the date of filing, jurisdiction to decide. Tenth land and resources authorities found illegal cases do not belong to the jurisdiction of the Department, it shall transfer the jurisdiction over land and resource departments, or other departments.
Affected by the transfer of land and resource administration objections to the jurisdiction of, and shall be submitted to the Department of land and resources at a higher level designation of jurisdiction, and shall not be transferred individually.
Chapter III filing a case, investigation and trials 11th land and resources authorities found that natural persons, legal persons or other organizations suspected of violating, and should be verified in a timely manner.
For ongoing violations, they shall be given notice of the order to stop violations committed to stop.
Notice of the order to stop violations committed shall record the following:
(A) the violator's name;
(B) the illegal facts and evidence;
(Iii) other matters shall be recorded.
12th article that meets the following conditions, land and resources administration shall be filed within ten working days:
(A) clear the perpetrators;
(B) the fact that land and resource management laws and regulations have been contravened;
(C) in accordance with the laws and regulations shall be investigated for legal responsibility for land and resource management;
(D) belong to the jurisdiction of the Department;
(E) the offence did not exceed the limitation.
Offence minor and correct, causes no harmful consequences, can not be filed. After the 13th case, land and resources administration employees shall designate cases, timely investigation and evidence collection.
Survey to obtain evidence, the investigators of the case should be not less than two, shall produce to the person under investigation and law enforcement.
14th has a direct interest in the case and investigators, should be avoided.
15th investigation the Department of land and resources, the right to take the following measures:
(A) the required units or individuals being investigated to provide the relevant documents and information, in connection with the case and a description of the problem;
(B) asking the parties and related personnel, access to illegal sites to inspect, survey, photos, audio, video, inspection and copying of material;
(C) other measures that could be taken in accordance with law.
16th party refusing investigation or acts of violence, threatening manner impede the investigation by the competent Department of land and resources, land and resources administration may ask the public security organs, procuratorial organ, the supervisory organ or the relevant departments to assist and to departments of the people's Governments at the corresponding level or at the level of land and resources report.
17th lawfully made and being able to prove the facts of a case of documentary evidence, material evidence and audio-visual material, computer data, witness testimony, the party statement, interrogation, site survey notes, conclusions, identifying conclusions and so on, as evidence of the land and resources administrative penalties. 18th investigators should collect or obtain in connection with the case of documentary evidence, material evidence and audio-visual material, computer data, original, original, original carrier; collect or obtain originals, originals, the original carrier is truly difficult, can collect or obtain copies, copies, excerpts, photos, video, and so on.
Voice data should be accompanied by a transcript of the audio content.
19th the testimony of a witness shall comply with the following requirements:
(A) indicate the witness's name, age, gender, occupation, address, contact information, and other basic information;
(B) witness signature and cannot be signed should be fingerprinted or sealed;
(C) indicate the date of issuance;
(D) accompanied by a copy of the identity card and other documents to prove the identity of the witness. 20th article provided may, at the request of statements, should be permitted. If necessary, the investigator can also request the parties to write their own.
On the statements of the Parties shall provide signatures, fingerprints or sealed. 21st ask should be individualized, and interrogation.
Inquiry record should document the time, place and asked of asked. 22nd site survey carried out by the investigations of people in General, may also appoint a qualified unit.
Site survey site survey record shall be made.
23rd article to identify the fact that requires examination of the relevant issues in the case, land and resources administration may entrust a qualified institution. 24th investigations end, employees should submit their investigation report of the case.
Investigation report should include the General information, illegal facts and legal basis, relevant evidence, illegal, illegal, illegal and plot effects, and whether the law should be given administrative punishment and administrative penalties for dealing.
Relates to the need of party discipline and administrative discipline or criminal accountability should make recommendations for transfer of authority.
25th land and resource administration in the adjudication of cases investigation report should be heard on the following issues:
(A) the facts are clear, the evidence is conclusive;
(B) the accuracy of qualitative;
(C) application of the law is correct;
(D) the legality of the program;
(E) the proposed disposition is appropriate.
Through the trial, investigation reports found problems, you can ask the investigators to investigate or supplementary investigations.
The fourth chapter decided
Article 26th after the hearings ended, land and resources administration, depending on the circumstances, made the following decision:
(A) the illegal facts are clear and evidence, properly, investigation and trial in accordance with due process, the decision on administrative penalty;
(B) the violation minor, administrative penalty may not be imposed by law, no administrative penalty;
(C) illegal facts are not established and not subject to administrative penalties;
(D) the offence need party discipline and administrative discipline or criminal accountability, transferred to the authority. 27th an illegal act are required by law to be given administrative punishment, land and resources administration of the notice of administrative penalty shall be made, in accordance with the manner prescribed by law, and served on the party. Parties have the right to make statements and to defend themselves. Statements and argued it should be after the receipt of the notice of administrative penalty within three working days.
The verbal, contractor personnel shall make a written record of the case. 28th article to be given a larger amount of fines or administrative penalties such as revoking exploration and mining licenses, land and resources administration of the administrative punishment hearing notice shall be made, in accordance with the manner prescribed by law, and served on the party.
To request a hearing by the parties, received administrative punishment should be made within three working days after notification of the hearing.
Land and resources administrative punishment hearing of the application of the provisions of land and resources hearing.
29th party within the specified time statements, representations, or to request a hearing, statements, representations, or hearing the facts, reasons or evidence is established, land and resources departments should be made of the written decision of administrative penalty according to law, and in the manner prescribed by law, and served on the party.
In the written decision of administrative penalty shall include the administrative punishment informed, client statements, or hearing the case to be heard. Once the written decision of administrative penalty was served, shall come into legal effect.
Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit, the administrative reconsideration or administrative proceedings, administrative punishment decision not be suspended; except as otherwise provided by law.
The written decision of administrative penalty shall bear the made the decision of the seal of the Department of land and resources.
30th the correction or rectification of the laws and regulations, together with the decision on administrative penalty made or before making the decision on administrative penalty made alone. 31st party has two or more violations of land and resources, land and resources administration can make a copy of the written decision of administrative penalty concurrently.
The administrative punishment decision letter should be clear penalties for each violation of content and merge the contents of the implementation. Illegal activities have more than two parties, you can make a decision of administrative penalty, making multiple copies of the written decision of administrative penalty, serve on the party.
The written decision of administrative penalty should be explicitly given each party's punishment.
32nd national land resources departments should make a decision of administrative penalty within 60 days from the date of filing.
In complex cases, you cannot make a decision of administrative penalty within the time limit specified, approved by the level head of Department of land and resources, may be appropriately extended, but the extension period shall not exceed 30th, except for the case were particularly complex.
The fifth chapter Executive
Article 33rd after the entry into force of decision of administrative penalty, the party fails to perform, Department of land and resources in addition to measures provided for in laws and regulations, you can also take the following measures:
(A) to departments of the people's Governments at the corresponding level and on the level of land and resources report;
(B) to inform the party entity or the competent Department;
(C) to inform the public;
(D) to stop processing or inform authorities stop processing client license in connection with this case, the approval and registration procedures.
Article 34th before authorities apply to the people's Court for compulsory execution of land and resources, there are substantial grounds for believing that the person may escape execution, may apply to the Court in adopting property preservation measures. 35th land and resources authorities confiscate minerals, buildings or other facilities after the decision on administrative penalty shall, within 90 days of the decision on administrative penalty transfer of financial departments at the same level, or the developed disposal programmes the people's Governments at the corresponding level for approval.
Otherwise provided for by laws and regulations, from its provisions.
Article 36th before authorities apply to the people's Court for compulsory execution of land and resources, should urge the parties concerned to meet their obligations.
Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, or carry out, land and resources administration within three months from the date of expiry, the mineral resources of land, is located has jurisdiction over the people's Court for compulsory execution.
37th land and resources administration to the people's Court for compulsory execution, should provide the following materials:
(A) of the application for enforcement;
(B) the written decision of administrative penalty and to decide the facts, grounds, and basis;
(C) the views of the parties and urge;
(D) seeking to enforce the standards;
(E) the laws and regulations of other materials.
Of the application for enforcement should be stamped with the seal of the Department of land and resources.
38th in line with one of the following criteria, approved by the competent authority responsible for land and resources, case closed:
(B) termination of execution;
(C) already apply to a court for mandatory enforcement according to law;
(D) other circumstances that should be closed.
Involved need to be transferred to the relevant departments of party discipline and administrative discipline or criminal accountability shall be transferred before the closing.
Supervision and administration of the sixth chapter
The 39th Department of land and resources through regular or occasional checks and other means, strengthen oversight of subordinate departments of land and resources administrative punishments work, and to detect and deter violations and impose administrative penalties according to law such as supervision and inspection of key content.
40th national land resources departments should establish public notification system of major illegal cases, merits and consequences to the public will be informed and receive public supervision.
41st national land resources departments should establish a major illegal cases listed for supervising the system specific handling requirements, publicly urging the lower land and resources administration deadlines apply for and accept social supervision. 42nd statistical system of land and resources departments should establish an offence cases.
Lower land and resources departments should periodically within the administrative area of the illegal situation analysis, occurrence of cases, investigated the situation escalate. Article 43rd land and resource administration misjudged illegal cases of land and resources system should be established.
Administrative punishment decision was wrong, and the consequences are serious, made the decision bodies shall bear corresponding responsibility.
44th national land resources departments should cooperate with relevant departments to strengthen the social stability risk prevention and control in the process of the implementation of administrative punishments.
The seventh chapter legal liability
45th land and resources authorities above the county level are directly responsible for the charge and the other persons, violations of these rules, any of the following circumstances, natural persons, legal persons or other organizations of legal rights, damage to the public interest and social order, shall be given administrative sanctions according to law:
(A) for failing to halt the violations;
(B) the Office investigated and dealt with according to law, not without good reason case investigated and dealt with according to law;
(C) stop and investigate and deal with illegal cases, and in accordance with relevant regulations shall be filed with the local government or by the Ministry of land and resources authorities reported and unreported;
(D) shall be given an administrative penalty has been punished according to law;
(E) shall apply for mandatory implementation, sanctions proposed transfer of authority or party discipline and administrative discipline or criminal accountability, not law enforcement, the proposed sanction recommendations, transferred to the authority;
(Vi) other bending, abuse of authority, dereliction of duty cases.
The eighth chapter supplementary articles
Article 46th administrative punishment law of land and resources document format, developed by the Ministry of land and resources. 47th article of the rules take effect on July 1, 2014. Former mineral resources in violation of regulations promulgated by the Ministry of geology and minerals on July 19, 1993 administrative penalties and the former State Bureau of land management released on December 18, 1995, abrogated in the illegal cases of land measures.