(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(4) Demolition within a time limit;
(5) Revoking the exploration license and mining license;
(six) other administrative penalties prescribed by laws and regulations.
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Land Administration Law of the People's Republic of China, the Mineral Resources Law of People's Republic of China (PRC) and other natural resources management laws and regulations in order to standardize the implementation of administrative punishment on natural resources, ensure and supervise the competent departments of natural resources to perform their duties according to law, and protect the legitimate rights and interests of natural persons, legal persons or other organizations.
Article 2 These Measures shall be applicable to the administrative punishment imposed by the competent department of natural resources at or above the county level on the acts of natural persons, legal persons or other organizations that violate the laws and regulations on natural resources management in accordance with the statutory authority and procedures.
Article 3 The administrative punishment imposed by the competent department of natural resources shall follow the principles of fairness and openness, and ensure that the facts are clear, the evidence is conclusive, the nature is accurate, the basis is correct, the procedure is legal and the punishment is appropriate.
Chapter II Governance
Article 5 Cases of illegal natural resources shall be under the jurisdiction of the county-level natural resources department where the land and mineral resources are located, unless otherwise provided by laws, regulations and these Measures.
Sixth provincial and municipal departments in charge of natural resources shall have jurisdiction over major, complex and illegal natural resources cases that should be under their jurisdiction according to laws and regulations within their respective administrative areas.
Article 7 The Ministry of Natural Resources shall have jurisdiction over major and complicated cases of illegal natural resources that should be under its jurisdiction according to laws and regulations.
China major complex natural resources illegal cases refer to:
(1) Cases of violation of natural resources under the jurisdiction of the Ministry of Natural Resources requested by the State Council;
(two) illegal cases of natural resources across provincial administrative regions;
(three) other cases of illegal natural resources that the Ministry of Natural Resources thinks should be under its jurisdiction.
Article 8 Under any of the following circumstances, the competent department of natural resources at a higher level has the right to administer cases under the jurisdiction of the competent department of natural resources at a lower level:
(a) the natural resources department at a lower level should file a case instead of filing an investigation;
(2) The case is complicated, the circumstances are bad and the impact is significant.
The competent department of natural resources at a higher level may transfer the cases under its jurisdiction to the competent department of natural resources at a lower level, except for cases that should be under its jurisdiction according to laws and regulations.
Article 9 If the competent department of natural resources is unable to exercise jurisdiction due to special reasons, it may report to the competent department of natural resources at the next higher level for designation of jurisdiction.
Disputes arising from jurisdiction between the competent departments of natural resources shall be reported to the competent department of natural resources at the same level and at the next higher level of * * * for designation of jurisdiction.
The competent department of natural resources at the next higher level shall make a decision on jurisdiction within 7 working days from the date of receiving the application for designated jurisdiction.
Article 10 If the competent department of natural resources finds that an illegal case is not under its jurisdiction, it shall be transferred to the competent department of natural resources or other departments. If the transferred competent department of natural resources has any objection to the jurisdiction, it shall report to the competent department of natural resources at the next higher level for designation of jurisdiction, and shall not transfer it by itself.
Chapter III Filing, Investigation and Trial
Eleventh natural resources authorities found that natural persons, legal persons or other organizations are suspected of violating the law, it shall timely check. For the illegal acts being carried out, a Notice of Ordering to Stop the Illegal Acts shall be issued in a timely manner according to law to stop them.
The notice of ordering to stop the illegal act shall record the following contents:
(a) the name of the violator;
(2) Illegal facts and basis;
(3) Other matters that should be recorded.
Twelfth meet the following conditions, the competent department of natural resources shall be placed on file within 10 working days:
(a) there is a clear actor;
(two) the fact that there is a violation of laws and regulations on natural resources management;
(3) To investigate legal responsibilities in accordance with laws and regulations on natural resources management;
(4) Being under the jurisdiction of this department;
(5) The illegal act has not exceeded the limitation of prosecution.
If the illegal act is minor and corrected in time, and no harmful consequences are caused, the case may not be filed.
Thirteenth after the case is filed, the competent department of natural resources shall designate the case undertaker and organize the investigation and evidence collection in time. When investigating and collecting evidence, there shall be no less than two investigators, and they shall show their law enforcement certificates to the respondents.
Article 14 An investigator who has a direct interest in a case shall withdraw.
Fifteenth natural resources departments have the right to take the following measures when investigating and collecting evidence:
(a) to require the units or individuals under investigation to provide relevant documents and materials, and to explain the problems related to the case;
(two) ask the parties and relevant personnel, enter the illegal scene for inspection, investigation, photography, audio and video recording, and consult and copy relevant materials;
(3) Other measures that can be taken according to law.
Article 16 If a party refuses to investigate and collect evidence or obstructs the investigation and collection of evidence by the competent department of natural resources by violence or threat, the competent department of natural resources may request the public security organ, procuratorial organ, supervisory organ or relevant departments for assistance, and report to the people's government at the same level or the competent department of natural resources at the next higher level.
Seventeenth documentary evidence, material evidence, audio-visual materials, computer data, witness testimony, statements of the parties, transcripts of inquiries, transcripts of on-site investigations, expert conclusions, expert conclusions, etc. Evidence obtained according to law shall be used as evidence of administrative punishment of natural resources.
Eighteenth investigators should collect and retrieve the original documents, material evidence, audio-visual materials and computer data related to the case; If it is really difficult to collect and retrieve originals, objects and carriers, copies, copies, excerpts, photos and videos may be collected and retrieved. Audio data should be accompanied by a written record of audio content.
Article 19 The testimony of a witness shall meet the following requirements:
(a) indicate the name, age, sex, occupation, address, contact information and other basic information of the witness;
(two) the signature of the witness, but not my signature, shall be sealed or stamped;
(3) indicate the date of issue;
(4) attach a copy of the resident identity card and other documents to prove the identity of the witness.
Article 20 If a party requests to provide his own statement materials, it shall be allowed. When necessary, investigators may also ask the parties to write by themselves. The parties shall sign, print or seal the statement materials provided by them.
Twenty-first inquiries should be made individually, and inquiry records should be made. The record of inquiry shall record the time, place and situation of inquiry.
Twenty-second on-site investigation is generally carried out by case investigators, and can also be entrusted to a qualified unit. On-site investigation shall make a record of on-site investigation.
Twenty-third in order to find out the facts, it is necessary to test and identify the relevant issues in the case, and the competent department of natural resources may entrust an institution with corresponding qualifications.
Twenty-fourth after the investigation of a case, the case handler shall submit an investigation report. The investigation report shall include the basic information of the parties, illegal facts and legal basis, relevant evidence, illegal nature, illegal circumstances and illegal consequences, and put forward opinions on whether to give administrative punishment according to law and what kind of administrative punishment to give.
Involving the need to investigate the party discipline, political discipline or criminal responsibility, it shall put forward a proposal to transfer it to the competent authority.
Twenty-fifth departments in charge of natural resources in the trial of the case investigation report, it shall try the following matters:
(a) whether the facts are clear and the evidence is conclusive;
(two) whether the qualitative is accurate;
(3) Whether the applicable law is correct;
(4) Whether the procedure is legal;
(5) Whether the handling opinions put forward are appropriate.
If problems are found in the investigation report after trial, investigators may be required to re-investigate or supplement the investigation.
Chapter IV Decisions
Twenty-sixth after the trial, the competent department of natural resources according to different situations, respectively, to make the following decisions:
(a) the illegal facts are clear, the evidence is conclusive, the basis is correct, the investigation and trial are in accordance with legal procedures, and the decision on administrative punishment is made;
(two) if the circumstances of the violation are minor, administrative punishment may not be imposed according to law;
(three) if the illegal facts are not established, no administrative punishment shall be imposed;
(four) illegal acts involving the need to be investigated for party discipline, political discipline or criminal responsibility, transferred to the competent authorities.
Twenty-seventh illegal acts need to be given administrative punishment according to law, the competent department of natural resources shall make a notice of administrative punishment, and serve it to the parties in the way prescribed by law. The parties have the right to make statements and defend themselves. The statement and defense shall be put forward within 3 working days after receiving the notice of administrative punishment. If it is put forward orally, the case handler shall make a written record.
Twenty-eighth to give a large amount of fines or revoke the exploration license, mining license and other administrative penalties, the competent department of natural resources shall make a notice of administrative punishment hearing, and serve it on the parties according to law. If a party requests a hearing, it shall put forward it within 3 working days after receiving the Notice of Administrative Punishment Hearing.
The hearing of natural resources administrative punishment shall be governed by the Provisions on Hearing of Natural Resources.
Article 29 If a party fails to make a statement, defend himself or request a hearing within the specified time, and the facts, reasons or evidence put forward by the statement, defend himself or the hearing cannot be established, the competent department of natural resources shall make a decision on administrative punishment according to law and serve it on the party in the manner prescribed by law.
The "Decision on Administrative Punishment" shall include the notice of administrative punishment, the statement, defense or hearing of the parties.
Once the "Decision on Administrative Punishment" is served, it will take legal effect. If a party refuses to accept the decision on administrative punishment and applies for administrative reconsideration or brings an administrative lawsuit, the decision on administrative punishment shall not be suspended during the administrative reconsideration or administrative lawsuit; Except as otherwise provided by law.
The "Decision on Administrative Punishment" shall be stamped with the seal of the competent department of natural resources that made the decision on punishment.
Thirtieth laws and regulations shall be ordered to make corrections or make corrections within a time limit, which can be made together with the decision on administrative punishment, or separately before making the decision on administrative punishment.
Thirty-first parties have more than two illegal acts of natural resources, the competent department of natural resources can make the "administrative punishment decision", combined execution. The "Decision on Administrative Punishment" shall specify the contents of punishment for each illegal act and the contents of combined execution.
If there are more than two parties to an illegal act, they may make a decision on administrative punishment respectively, and make multiple copies of the decision on administrative punishment, which shall be served on the parties respectively. The "Decision on Administrative Punishment" shall specify the contents of punishment for the parties concerned.
Article 32 The competent department of natural resources shall make a decision on administrative punishment within 60 days from the date of filing the case.
If the case is complicated and the decision on administrative punishment cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the natural resources department at the same level, but the extension period shall not exceed 30 days, unless the case is particularly complicated.
Chapter V Implementation
Thirty-third after the administrative punishment decision takes effect, if the party fails to perform it within the time limit, in addition to the measures prescribed by laws and regulations, the competent department of natural resources may take the following measures:
(a) report to the people's government at the same level and the competent department of natural resources at the next higher level;
(2) Notify the unit to which the party belongs or the competent department at a higher level;
(3) inform the public;
(four) to stop handling or notify the relevant departments to stop handling the licensing, examination and approval, registration and other procedures related to this case.
Article 34 Before applying to the people's court for compulsory execution, the competent department of natural resources may apply to the people's court for property preservation measures if there are sufficient reasons to believe that the person subjected to execution may evade execution.
Article 35 After making a decision on administrative punishment for confiscating mineral products, buildings or other facilities, the competent department of natural resources shall, within 90 days after the decision on administrative punishment takes effect, hand it over to the financial department at the same level for handling, or draw up a disposal plan and report it to the people's government at the same level for approval before implementation. Where laws and regulations provide otherwise, such provisions shall prevail.
Thirty-sixth before applying to the people's court for compulsory execution, the competent department of natural resources shall urge the parties to fulfill their obligations.
If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and fails to perform it, the competent department of natural resources may, within 3 months from the date of expiration of the time limit, apply to the people's court with jurisdiction where the land and mineral resources are located for compulsory execution.
Article 37 When applying to the people's court for compulsory execution, the competent department of natural resources shall provide the following materials:
(1) Implementing the application.
(two) the "administrative punishment decision" and the facts, reasons and basis of the decision;
(three) the opinions and reminders of the parties;
(4) the subject matter of the application for compulsory execution;
(5) Other materials as prescribed by laws and regulations.
The application for compulsory execution shall be stamped with the seal of the competent department of natural resources.
Thirty-eighth meet one of the following conditions, approved by the person in charge of natural resources department, closed:
(a) Implementation has been completed;
(2) Termination of execution;
(3) It has applied to the people's court for compulsory execution according to law;
(four) other circumstances that should be closed.
Involving the need to be transferred to the relevant departments for investigation of party discipline, political discipline or criminal responsibility, it should be transferred before the case is closed.
Chapter VI Supervision and Administration
Article 39 The competent department of natural resources shall, through regular or irregular inspections, strengthen the supervision over the implementation of administrative punishment by the competent department of natural resources at lower levels, and take finding and stopping illegal acts and implementing administrative punishment according to law as the key contents of supervision and inspection.
Fortieth departments in charge of natural resources shall establish a public notification system for major illegal cases, publicly inform the society of the case and the handling results, and accept social supervision.
Article 41 The competent department of natural resources shall establish a system of listing and supervising major illegal cases, clearly put forward the handling requirements, publicly urge the subordinate competent department of natural resources to handle them within a time limit and accept social supervision.
Forty-second departments in charge of natural resources shall establish a statistical system for illegal cases. The competent department of natural resources at a lower level shall regularly report the illegal situation analysis, case occurrence and investigation in this administrative area step by step.
Forty-third departments in charge of natural resources shall establish a system of investigating misjudged cases of illegal cases of natural resources. If the decision on administrative punishment is wrong and causes serious consequences, the organ that made the decision on punishment shall bear corresponding responsibilities.
Forty-fourth natural resources departments should cooperate with relevant departments to strengthen the prevention and control of social stability risks in the implementation of administrative penalties.
Chapter VII Legal Liability
Article 45 The person in charge directly responsible for the administrative department of natural resources at or above the county level and other directly responsible personnel, in violation of the provisions of these measures, shall be punished according to law in case of any of the following circumstances, causing damage to the legitimate rights and interests, public interests and social order of natural persons, legal persons or other organizations:
(1) Failing to stop the illegal acts according to law;
(two) should be investigated and dealt with according to law, without justifiable reasons;
(three) when stopping and investigating illegal cases, it shall report to the people's government at the same level or the competent department of natural resources at a higher level in accordance with relevant regulations;
(four) should be given administrative punishment according to law but not according to law;
(five) shall apply for compulsory execution and transfer to the relevant authorities for accountability, but failed to apply for compulsory execution and transfer to the relevant authorities;
(six) other bending the law, breach of privilege, dereliction of duty.
Chapter VIII Supplementary Provisions
Article 46 The format of legal documents on administrative punishment of natural resources shall be uniformly formulated by the Ministry of Natural Resources.
Article 47 These Measures shall come into force as of July, 2065438 1 day. The Measures for Administrative Punishment of Violation of Laws and Regulations on Mineral Resources issued by the former Ministry of Geology and Mineral Resources 1993 on July 9 and the Measures for Investigation and Handling of Land Illegal Cases issued by the former State Bureau of Land Management 1995 on February 8 shall be abolished at the same time.
legal ground
Article 4 of the Measures for Administrative Punishment of Land and Resources
Administrative penalties for land and resources include:
(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(4) Demolition within a time limit;
(5) Revoking the exploration license and mining license;
(six) other administrative penalties prescribed by laws and regulations.