Hainan Special Economic Zone On Land Monitoring Regulations (Amended 2012)

Original Language Title: 海南经济特区土地监察规定(2012年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385539.shtml

Hainan special economic zone on land monitoring regulations (amended 2012)

    (February 26, 1994 42nd, released on August 29, 2010, the people's Government of Hainan Province, Hainan Province, the Hainan Provincial people's Government on the modification of phytosanitary measures 38 regulations the decision of first review November 26, 2012, Hainan Province, the Hainan Provincial people's Government on the modification of 3 pieces, such as the tobacco monopoly administration punish regulation for regulation's decision on the second amendment) Chapter I General provisions

    First in order to strengthen the supervision of law enforcement and suppression of violations of land, according to the relevant laws and regulations of the State, this provision is enacted.

    Article in the province use land within the administrative area of units and individuals must comply with the laws and regulations on land management, accepting land management sectors to monitor.

    The third work of the people's Governments at various levels shall strengthen the monitoring of land leading to guarantee implementation of land management laws and regulations.

    Article fourth monitor working professional combination of monitoring and supervision by the masses, the principle of combining punishment with education.

    Article fifth deal with illegal cases of land, should be based on facts and take law as the criterion, so facts are clear, conclusive, accurate and fair procedure.

    Sixth article deal with illegal cases of land, land administrative departments and judicial organs and administrative supervisory organ to coordinate and cooperate with involved planning, construction, real estate, agriculture, forestry, and water conservancy departments or military land violation cases, should, in conjunction with the relevant departments and the army in the investigation.

    Chapter II supervision departments and their responsibilities

    Article Lands management departments at all levels in land supervision departments, its functions are:

    (A) the supervision and inspection of implementation of land management laws, regulations and rules;

    (B) the supervision and inspection of the area of land development, utilization, protection and ownership changes;

    (C) approval of the supervision and inspection of various kinds of construction land;

    (D) the supervision and inspection of land transfer, transfer, lease, mortgage and land terminates;

    (E) supervision and inspection costs of collection, management and use of land;

    (Vi) the land of the accusation, the reporting of an offence, investigate and deal with illegal cases of land;

    (VII) to the law-organization or its parent bodies, administrative supervisory organs proposed sanction proposals shall be investigated for criminal responsibility according to law officers, held criminally responsible for recommendations to the judiciary.

    Eighth land administration departments to carry out their monitoring duties, may take the following measures:

    (A) investigate and deal with illegal cases of land, right to survey the units and individuals concerned, asked the parties, relevant sources, collect materials in connection with the case, the right to conduct site survey;

    (B) order the offender to stop land illegal.

    Nineth Government land management departments at all levels should be set in accordance with the needs of land monitoring body, equipped with necessary office equipment and transportation.

    Article tenth of the land is the people's Government at the Department of land management of the supervisory authorities of administrative supervision of law enforcement agencies, led by the land management agency of the Government at the same level and level land on instruction of the supervisory authorities.

    11th the land supervisory personnel should be familiar with the laws, regulations and policies, understand business, loyalty, impartiality and integrity, the law impartially.

    12th the land supervisory personnel in performing its monitoring duties, wear marks, possession of land monitoring documents.

    Land monitoring documents produced by the Ministry of land and resources, issued by the people's Governments above the county level.

    Chapter III jurisdiction of land violation cases, filing and processing

    13th land violation cases referring violations of land administration laws, rules, regulations, and cases should be investigated for legal responsibility according to law.

    14th Provincial Land Management Department is responsible for province-wide land monitoring, administrative areas within the jurisdiction of the following cases:

    (A) cross city and county boundaries for land violation cases;

    (B) have a significant impact within their respective administrative areas of land violation cases;

    (C) assigned by the provincial government and the Ministry of land and resources of land violation cases.

    15th of municipal and County (area) land management Department is responsible for the monitoring work of land within the administrative areas, jurisdiction other than by the provincial land administration Department land violation cases.

    16th the township (town) people's Government is responsible for dealing with cases of illegal occupation of land within the administrative area of residents.

    17th superior land management authorities to deal with lower-level land management departments of land violation cases, or illegal transfer of cases to lower their land land management departments.

    Lower lands management departments of land violation cases within its jurisdiction, the case is considered significant need for superior land management departments, can be reported to the higher land management departments.

    18th case article should fill out the illegal cases of land form, filed after approval.

    Conditions for accepting the case:

    (A) clear the perpetrators;

    (B) the fact that violations of laws, rules and regulations on land;

    (C) in accordance with the laws, rules and regulations on land shall be investigated for legal responsibility;

    (D) the Department has jurisdiction.

    Grave and complex cases, shall be copied after placing land administration department at a higher level for the record.

    Review does not meet the condition for filing a case or do not belong to the jurisdiction of, shall notify in writing the case people. After 19th land cases, shall promptly determine the undertaker. The undertaker shall not be less than 2.

    Grave and complex cases can form handling group.

    Case employees and leaders concerned with this case has an interest or other relationship with the parties to the case may affect the impartiality of the investigation cases should be avoided. Challenge employees, led by case decisions.

    Leadership related to the case of withdrawal land management or the upper-level people's Government at the decision. 20th lands management departments should be notified after placing 3rd in the actors, actors in 5th after receiving notification of the written representations.

    Actor is not made within the statutory time limit representations, does not affect the investigation and handling of cases. 21st the undertaker to handle illegal cases of land, should be completed within the approved filing date of 30th.

    Due to special circumstances cannot be completed, approved by the relevant competent leadership, may be appropriately extended period of handling, but the extension period shall not exceed 1 month. 22nd clause to initiate an investigation, and found not to constitute a violation, case should be dismissed.

    A dismissal of the case shall be reported to the relevant approved, and notify the perpetrator and case man. 23rd case not filed by people or a dismissal of the case wrong, from the date of receipt of the notification on 5th and up-level land management appeal review.

    On level land management should review the applications received within 30th of review decisions, served on the case and has not been filed or a dismissal of the case of the land administration department.

    Investigation determined that a violation of article 24th, lands management departments should give timely notice of the order to stop land violations committed, and served on the party.

    25th investigations after the hearings ended, contractors should submit the land investigation and trial of the case report, land administration departments considered closed.

    Land violations verified, should be given administrative punishments according to law, produced by the land management Department of the land written decision of administrative penalty.

    Decision shall be served on the parties.

    26th the undertaker after the completion of the case, shall fill in the land case report, approved by the competent leadership closed and formed in the process for handling instruments, maps, photo catalog, such as binding, and archives.

    Grave and complex cases and assigned by the supervisor after the end of the case, the following instruments should be reported to land administration department at a higher level for the record:

    (A) the land of the written decision of administrative penalty;

    (B) the land law case report.

    The administrative body for reconsideration, and cases before the Court, shall be attached to the written reconsideration decision copy and the copy of the judgement of the Court of the people.

    Article 27th should be given administrative sanctions in accordance with law officers from lands management departments to their unit or higher authority, administrative sanction recommendations made by supervisory organs.

    Entity or his upper level organs make administrative decisions, administrative supervisory organs, should sanction recommendations of the CC land management departments.

    28th lands management departments in dealing with illegal cases of land, considered illegal act constitutes a crime, cases should be promptly transferred to judicial organs for criminal responsibility shall be investigated according to law. 29th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Within the statutory time limit did not apply for administrative reconsideration or bring a lawsuit, or carry out, by the land management Department made the decision apply to the people's Court for compulsory execution.

    The fourth chapter rewards

    Article 30th units and individuals who meet one of the following conditions, by the people's Government or the land administration department granting commendations and awards:

    (A) implementation of land management laws and regulations outstanding achievements;

    (B) achieved significant success in the development, use and protection of land;

    (Iii) land monitoring outstanding achievements;

    (D) report and expose and suppress violations of land, with apparent success.

    31st land inspectors in investigation of land violation cases in malpractices for personal gain, dereliction of duty, abuse of power, by its competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd refuse, obstruct the land supervisory personnel perform official duties according to law, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security dealt to constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    33rd article this provision by the Hainan land and environmental resources Office is responsible for the interpretation. 34th article of the regulations as of the date of promulgation.