In order to conscientiously implement the laws, regulations and policies on land and resources management, standardize the management order of land and resources development and utilization, and further implement the spirit of the meeting of the "double protection action" work of ministries and agencies and the management and inventory work of land and resources development and utilization. The administrative party group decided to carry out a comprehensive inventory of land and resources law enforcement in the whole region in combination with the actual situation in our region, and formulated this plan.
I. Guiding ideology
Promote administration according to law, protect resources, ensure development and strengthen supervision. By carrying out a general inventory of land and resources law enforcement, we can fully understand the basic situation of land and resources development, utilization and management, promptly take the initiative to rectify existing problems, curb the upward trend of illegal cases, investigate and punish illegal acts according to law, standardize the order of land and resources development, utilization and management, promote the in-depth development of "double protection actions" and effectively improve the level of land and resources work.
Second, the scope, focus and division of responsibilities of the inventory.
(a) a comprehensive inventory of land and resources law enforcement and supervision.
1. Check the implementation of law enforcement and supervision objectives: (1) Is the dynamic inspection mechanism of law enforcement and supervision in all counties and districts in place? Specific dynamic inspection times, inspection scope and main problems found; (2) What are the problems in the implementation of dynamic inspection mechanism? What are the reasons? (3) What are the problems in the construction, standardization and linkage mechanism of the "three systems"? (4) What are the problems in the establishment and implementation of the long-term mechanism of law enforcement supervision? What are the main experiences of implementing a strong long-term regulatory mechanism according to local conditions? (5) How about the implementation of the administrative law enforcement responsibility system?
2. Check the investigation of illegal cases of land and resources: (1) How many illegal cases of land and resources have been found but not investigated according to law? What are the main reasons for not investigating according to law? (2) How many cases of illegal land and resources have been discovered this year? What is the number of cases investigated, the investigation rate, the number of cases closed and the settlement rate? (3) How many illegal cases have been discovered through this law enforcement and novelty search? What's the main problem?
Review methods and requirements: investigate and register the illegal acts (illegal land grant, illegal land use, low-cost land transfer, arbitrary land price reduction, unpaid land transfer fees, illegal mining, exploration rights, illegal transfer of mining rights and other illegal cases of land resources development and utilization management) one by one.
It is necessary to find out who is responsible and the illegal facts. (1) When investigating and registering illegal land cases, the name of the illegal unit or individual, illegal time, specific location, illegal land occupation, land area (㎡), land type, use and construction status shall be truthfully reported item by item; (2) For the investigation and registration of illegal mining (including over-exploitation and cross-border mining), illegal exploration and illegal transfer of mining rights, the names of illegal units or individuals, illegal time, specific location, illegal mining minerals, mining volume, illegal exploration minerals and workload, illegal transfer of mining rights minerals and transaction amount should be truthfully reported one by one. (3) Cases of violation of laws and regulations that have been investigated and dealt with according to law shall be reported one by one at the same time, and the contents of the punishment decision and the implementation of punishment shall be reported.
On the basis of finding out the illegal facts in accordance with the law and regulations, this inventory work should be rectified in a timely and serious manner, and combined with the implementation of the "15 order", cases of illegal activities should be dealt with seriously according to law. Anyone suspected of committing a crime shall be transferred to judicial organs for criminal responsibility according to law, and dereliction of duty such as omission, failure to investigate, failure to do and failure to report shall be resolutely put an end.
Responsible unit: County Bureau of Land and Resources
Supervisor: Bo Qicheng
Responsible unit for supervision: Regional Land and Resources Law Enforcement Supervision Bureau
(two) a comprehensive inventory of construction land.
Review and clean up all kinds of construction land that occurred after the issuance of documentNo. [2006]3 1. Specific construction projects need to focus on the following two aspects:
1. Whether all kinds of construction land (including land for mining enterprises) have gone through the examination and approval procedures for construction land according to laws and regulations (whether they are in line with the overall land use planning, whether they have gone through the relevant procedures such as land pre-examination, agricultural land conversion and supplementary farmland, and in what way);
2. Whether there are problems such as unauthorized land grant, less approval and more occupation, and illegal land occupation.
Examination methods and requirements: Land and Resources Bureaus of counties and districts shall examine and register the land units, land use time, location, area, land type, use, land use approval authority and approval number of all kinds of construction land since June 65438+ 10/2006. The Canadian Bureau should also combine the ongoing law enforcement inspection of satellite films and do a good job in inventory. All localities should review, register and summarize the construction land projects one by one.
Responsible unit: County Bureau of Land and Resources
Supervisor: Bo Qicheng (supervising illegal land use inventory)
Zhong Bojian (supervising the inventory of new construction land)
Cai Tiesheng (supervising the stock of construction land)
Departments and units responsible for supervision: Law Enforcement Supervision Bureau (supervising illegal land use inventory)
Farming and Conservation Section (supervising the stock of new construction land)
Land use management section (supervising the inventory of existing construction land)
(three) a comprehensive inventory of mineral resources exploration and development.
1, the county land and resources bureau should review and clean up the exploration rights and mining rights item by item within its jurisdiction, and investigate and register the mining rights units and individuals.
2, the administrative area of gold mining to conduct a comprehensive clean-up. Are the responsibilities of land and resources departments clear? Is inspection and cleaning carried out? What is the specific work situation? Is there a problem of mining gold placer?
Examination methods and requirements: In the investigation of mining rights, we should distinguish mining rights and exploration rights one by one, including the owner (unit or individual), mining rights scope, approved production scale, designed annual output, actual annual output, minerals for mining and exploration, mining rights examination and approval authority, documents and document numbers, approved detailed mining and exploration scope (area, coordinates) and methods, approved exploration investment, actual exploration capital investment and exploration work degree. A special report should be made on the prohibition of mining.
Responsible unit: County Land and Resources Bureau.
Supervisor: Wang Bingjin
Departments in charge of supervision: Mineral Development Department, Geological Exploration and Reserves Department.
(four) a comprehensive inventory of conventional land use, farmland protection, land consolidation and reclamation, planning management, cadastral management and other special work.
1, focus of special inventory of land use management
Situation of the land used for the entry project of Russian Economic and Trade Cooperation Park: (1) Is the land used for the entry project in accordance with laws and regulations, and is the land-using unit in accordance with laws and regulations? (2) Does the project land in the park owe the land transfer fee? Is idle land available but not used?
Land supply mode, minimum price standard for industrial land transfer and implementation of bidding, auction and auction: (1) Whether the allocated land and the agreed land conform to the allocated land, agreed land transfer scope and standardized procedures stipulated by the state and the province; (two) whether there are problems in the supply of operating land, such as avoiding bidding, bidding, auction and hanging, false bidding, bidding, auction and hanging, and not paying the transfer fee; (3) Whether there are problems of transferring land at low prices, reducing or exempting land transfer fees without authorization, and defaulting on land transfer fees; (4) Whether the collective joint trial system is implemented for land allocation or agreement transfer, and how to implement the dynamic monitoring system.
Review methods and requirements: focus on the review of land supply methods and transfer payment of specific construction projects. Review the approval documents, transfer plan, transfer contract, payment bills and other materials one by one, and review and register the land unit, location, area, land type, use, land use right limit, approval document number (or contract number), land transfer fee payable and actually paid land transfer fee one by one, and make a summary.
Responsible unit: County Bureau of Land and Resources
Supervisor: Cai Tiesheng
Responsible department of supervision: land use management department
2, farmland protection, land consolidation and reclamation work special inventory focus
Cultivated land and basic farmland protection: (1) Where are the basic farmland delineation, index decomposition, county revision or supplementary planning implemented? Is the chart book replaced in time, and are the protection cards and boundary markers replaced in place? Is the protection sign set? (2) Is the responsibility system for farmland protection established layer by layer? Is it implemented to households and specific plots? (3) Is the cultivated land occupied by the construction project strictly implemented the system of balance between occupation and compensation? Are basic farmland supplemented as required? If a specific construction project occupies cultivated land, how will it be supplemented?
Agricultural land conversion and land expropriation: (1) If the construction land involves agricultural land conversion and land expropriation, is the collective joint examination system implemented? Is it submitted for approval according to law and regulations? (2) Is the hearing and publicity in the land acquisition work carried out according to the system and prescribed procedures? (3) Is the land-expropriated unit compensated according to laws and regulations? Is the compensation in place on time and in full? Is there any phenomenon of forced construction and land occupation? .
Land consolidation and reclamation: (1) Is there any problem of falsely reporting the project and misappropriating project funds? (2) Is the construction organized according to the requirements of "four systems"? (3) Is the construction carried out according to the design requirements and progress? Is there any problem of changing the design and construction without approval? (4) Whether the quantity and quality of the increased cultivated land meet the requirements, and whether the post-management is in place?
Review methods and requirements: Each county and district bureau shall review the implementation of the basic farmland protection system item by item. Involving agricultural land conversion and land expropriation, the land units, land area (land area converted and expropriated in batches), examination and approval time, examination and approval authority and approval number, method and area of supplementary cultivated land shall be reviewed one by one according to batches or specific construction land projects, and registered. The project implementation unit, project scale, investment amount, increase of cultivated land area, availability of funds, disbursement of funds and project progress of land consolidation and reclamation projects are registered and summarized item by item.
Responsible unit: County Bureau of Land and Resources
Supervisor: Zhong Bojian
Department in charge of supervision: Ministry of Farmland Protection, Geology and Environment
3, the focus of the implementation of the overall land use planning special inventory
Implementation of the overall land use planning: (1) Is the overall land use planning strictly implemented? Has a land use control system been implemented? (2) Is the land for construction projects that need to adjust the overall land use planning submitted for approval in time to adjust the overall land use planning according to laws and regulations? Is there a problem of adjusting the overall land use planning without authorization?
Implementation of land use plan: (1) Is the annual land use plan strictly compiled and implemented? (2) Is the land for specific construction projects included in the land use planning index management? (3) Is the stock of construction land included in the land use planning and management? Is the land for key construction projects implemented and guaranteed?
Pre-examination of land use: (1) Is the pre-examination of land use for individual site selection projects conducted in accordance with laws and regulations? Whether to implement the system of pre-examination and joint examination of land use? (2) Whether the pre-trial system is implemented for the existing construction land?
Review methods and requirements: Pre-examination of land for specific construction projects shall be registered item by item according to the land use unit, area, land type, use, pre-examination organ, approval document and document number.
Responsible unit: County Bureau of Land and Resources
Supervisor: Bo Qicheng
Department in charge of supervision: Planning Department
4, the focus of cadastral management special inventory
(1) The actual progress of indoor and outdoor work of the second land survey, the county government plans to invest working funds, and actually allocate them in place; (2) Distribution of land certificates: the actual number and proportion of land certificates. Is there a problem that an application has been filed and meets the prescribed conditions for registration and issuance, but the registration and issuance are not accepted without justifiable reasons, or the registration and issuance have not been completed within the prescribed time limit? (3) Is there any problem of land registration, issuance or replacement of land certificates in violation of legal conditions? (4) Is there a problem of issuing land certificates for illegal land that has not been dealt with according to law? (4) Is there a problem of supporting illegal land use for mortgage registration and obtaining bank loans?
Inventory methods and requirements: sort out the problems, make a special summary, promote the second adjustment work, optimize the accreditation procedures, and improve the accreditation efficiency and rate.
Responsible unit: County Bureau of Land and Resources
Supervisor: Cai Tiesheng
Responsible department of supervision: cadastral department
Third, the inventory steps
This inventory is divided into five steps: mobilization preparation, review and verification, sorting and analysis, rectification and summary, and inspection and acceptance.
Mobilization and preparation (August 28th-August 30th)
County Land and Resources Bureau should combine the actual situation of local units, set up leading bodies, make unified arrangements, carefully organize the study and publicity of relevant laws, regulations and policies, and do a good job in mobilization. It is necessary to formulate a feasible and operable work plan, identify personnel and clarify the division of responsibilities. At the same time, it is necessary to collect the annual planning data and documents related to the overall land use planning, cadastral management, farmland protection, pre-examination, examination and approval of construction land, land transfer and allocation of land approval and other files; Dynamic inspection records, account books and investigation files of illegal land cases; Relevant documents, maps, illegal cases and other materials of mineral resources exploration, development approval and enterprise situation, and earnestly make preparations for law enforcement inspection.
(2) Audit and verification (September1-September 25th)
Since September 1 day, the County Bureau of Land and Resources has carefully organized and carried out the inventory work in strict accordance with the plan. In the inventory, we should adhere to the combination of internal audit and external verification, and review and register documents and files related to land and resources management, approval and investigation. According to the types of business, and according to laws and regulations, the development and utilization of land and mineral resources of the inspected units are reviewed, and the existing problems are registered one by one, indicating the legal and policy basis.
While doing a good job in internal audit, conduct on-the-spot verification, focusing on checking whether the actual land area of the land-using unit is consistent with the approved land area, and whether there are problems such as small batch and large occupation, illegal land occupation, unauthorized change of use, and idle land; Whether there are illegal activities in the development and utilization of mineral resources in mining enterprises, such as multiple wells with one certificate, super-layer cross-border mining, indiscriminate mining and indiscriminate digging; Whether the exploration right unit conducts exploration in accordance with the approved design, schedule and requirements, and whether the mining right unit has any illegal acts that damage the land and geological environment.
(3) Analysis (September 26th-September 30th)
Sort out the audit and verification results and related information, and determine whether it is illegal according to laws, regulations and relevant policies. It is necessary to register clearly, comprehensively and accurately, and there is no omission in statistical summary. It is necessary to seek truth from facts, make scientific comparative analysis, find out the problems and reasons existing in all aspects of land and resources development and utilization management, formulate targeted measures and methods, promote work and solve problems.
(IV) Summary of rectification (65438+1Oct1-65438+1Oct 20)
In view of the problems found in the inspection of law enforcement, we should formulate feasible rectification plans and determine rectification measures in accordance with the law and regulations, and take a combination of rectification while inspection and centralized rectification to actively investigate and rectify the illegal development (including exploration) of land and resources related to mines. For the problems existing in management, we should establish and improve a long-term mechanism, implement relevant systems, correct problems in time, standardize procedures, improve work quality and efficiency, effectively optimize services, ensure development and strengthen supervision on the premise of compliance with laws.
Comprehensively summarize the situation of law enforcement inspection of land and resources, sort out and analyze the existing problems and their causes, and sum up good experiences and practices. Work summary should be divided into special summary and comprehensive summary. A formal and complete report on the development, utilization and management of land and resources should be formed and submitted to the administrative office.
(5) Inspection and acceptance (65438+1October 20th-65438+1October 30th)
After the start of the law enforcement inventory of land and resources in the whole region, the administrative office organized forces to supervise and conduct spot checks on the law enforcement inventory of land and resources in counties and districts according to the actual situation.
Counties and district bureaus should report the local inventory situation to the regional law enforcement inspection office and the supervision and responsibility department in stages. After the completion of the law enforcement inspection of land and resources around the country, it is necessary to submit an application for inspection and acceptance in a timely manner, which will be jointly organized by the province and the prefecture. Units that pass the inspection and acceptance will end the inspection work, and units that fail to pass the inspection and acceptance need to be rectified as required until they meet the requirements of ministries and agencies and administrative offices.
Fourth, organize and lead.
In order to organize the land and resources law enforcement inventory work, in accordance with the principles of unified deployment, clear division of labor, specific responsibilities and coordinated action, the Land and Resources Bureau of the administrative office set up a leading group for land and resources law enforcement inventory, which is responsible for the deployment and organization of the inventory work. The office under the leading group is responsible for coordinating and supervising the inventory work.
Team leader: Jiang Minghui
Responsible for organizing and leading the law enforcement inspection of land and resources.
Deputy Team Leaders: Wang Bingjin, Bo Qicheng, Zhong Bojian, Cai Tiesheng
According to the division of responsibilities, be responsible for supervising and coordinating the development of relevant inventory work, and be responsible for the quality of relevant special inventory work.
Office of the leading group:
Director: Bo Qicheng
According to the requirements of the leader of the leading group, organize and coordinate law enforcement inspection.
Members: Liu Daoqin, Gu, Yang, Cai Xinwei, Sheng Lixin, Zou Yongdong, Ma Chunhong
According to the division of responsibilities, supervise and guide the county land and resources bureau to carry out relevant special inventory work, and be responsible for the quality of inventory work.
Verb (abbreviation of verb) specific requirements
(1) Strengthen leadership and elaborate organization. This inventory is highly targeted, and it is a comprehensive clean-up review involving the most business links, the largest business volume and the largest number of inspection objects. The county land and resources bureaus must attach great importance to it, earnestly strengthen leadership, clearly define the division of labor, carefully organize, closely cooperate, carefully arrange and deploy, and carry out inventory work. We must truly realize: clear-headed understanding, thorough and meticulous inventory, profound and thorough analysis, serious rectification in place, and timely and comprehensive summary. Through comprehensive and in-depth law enforcement investigation, we can understand and master the overall situation of land and resources development, utilization and management in detail, find and solve major violations of laws and regulations and poor supervision of land and resources, analyze and study their characteristics, laws and reasons in view of existing problems, and put forward countermeasures and suggestions that are practical, solve problems and promote work, so as to effectively improve the level, enhance the ability and enhance the image.
(two) administration according to law, strict rectification
County Land and Resources Bureau should promptly investigate and deal with illegal acts in the development and utilization of land resources according to laws and regulations, and strictly correct and rectify the problems existing in management. Investigate and deal with illegal acts, the demolition, the confiscation, the timely revocation of the mining right license, the punishment and the handling. It is necessary to strengthen contacts with discipline inspection and supervision and judicial organs, and those transferred to procuratorial organs and judicial organs should be transferred to relevant departments in a timely manner. County-level land and resources discipline inspection and supervision institutions should also strengthen internal supervision. Those who should be held accountable according to the rules and regulations must be held accountable.
(3) The style of work is strict and disciplined. This inventory work is not only a comprehensive inventory of business work, but also an assessment and test of the leading bodies, work ability and work attitude of the county land and resources bureaus. The inventory work has tight time, heavy tasks and strict requirements. The leading group of the Bureau should unify their thinking with the requirements of law enforcement inventory, the requirements of the ministries and agencies and the Administration Bureau for protecting resources, ensuring development and strengthening supervision, concentrate their efforts, carry out inventory in a down-to-earth manner with a correct attitude and rigorous style, and seriously carry out rectification. It is forbidden to go through the motions, play games or make superficial articles. To investigate and deal with cases of violation of law and discipline, we must adhere to the principle of handling according to laws and regulations and collective decision-making, and we must never set standards, change procedures or deal with them without authorization. Where a case is not investigated, suppressed or concealed, once it is discovered, the administrative office will investigate the relevant responsibilities according to the law and regulations. Major cases that the County Land Bureau really can't handle should be reported to the Executive Board in the form of a written report on the basis of finding out the facts, and the Executive Board will investigate and deal with them independently, jointly or in different places according to the specific circumstances.
(4) Responsibilities and summary report. Law enforcement inspection of land and resources involves many businesses of land and resources management, and is a comprehensive inspection of the development, utilization and management of land and resources. The supervisory leadership of the Administration and the supervisory departments and units shall, in accordance with their respective division of labor, take the initiative to do a good job in supervision, serve the overall situation, cooperate closely and carry out their duties.
County Land and Resources Bureau should report the relevant inventory and classified registration summary materials, special summary and comprehensive summary materials to the Office of the Leading Group for Law Enforcement Inspection of the Administration before June 22 10, and send a copy to the relevant regulatory departments and units of the Administration (the comprehensive summary materials are only reported to the Office of the Leading Group). The materials submitted by the registration summary must be signed by the applicant, reviewed and signed by the main person in charge of the unit, and stamped with the official seal of the unit; Departments and units responsible for supervision shall, according to the division of responsibilities, analyze and summarize the special inventory situation of counties and districts, and report it to the office of the leading group for law enforcement inspection before June 25th 10 after being signed by the competent leader.