In 20xx, under the correct leadership of Gaoxian Forestry Bureau and the guidance of Gaoxian Forest Public Security Bureau, our forestry administrative law enforcement work strengthened the construction of forestry legal system, standardized the procedures of forestry administrative law enforcement, strictly and fairly enforced the law, and served the development of forestry. In strict accordance with "People's Republic of China (PRC) Forest Law" and "People's Republic of China (PRC) Forest Law Implementation Regulations", vigorously publicize forestry laws and regulations, improve the legal awareness of the whole people and the awareness of protecting forest resources, strengthen the construction of forestry administrative law enforcement team, and actively do a good job in forestry administrative law enforcement, so that the forest resources management of our college will gradually embark on a scientific, standardized and legal track.
I. Achievements made
In 20xx, our hospital seized 5 cases of illegal felling of state-owned trees, recovered 2.5 cubic meters of wood and recovered the loss 1080 yuan; 2. Coordinate and solve forest right disputes according to law; Assist Frye Forest Police Station to solve 2 forest fire cases; With the support of the police station in Frye forest area, the illegal exploitation of quartz sand by the mine owners in Huangshuikou state-owned forest area was stopped. Further improve the public security prevention and control system in forest areas, maintain the security and stability of forest areas, effectively guarantee the safety of 353 1 10,000 mu of state-owned forest resources managed by our institute, and promote the protection of forest resources and forestry development.
Second, strengthen leadership and raise awareness.
Our research institute has put the protection of forest resources on the important agenda. A leading group with the director as the leader, the deputy director in charge as the deputy leader and the forestry law enforcement personnel as members was established. Actively organize law enforcement personnel to learn relevant laws, regulations and forestry policies, constantly improve the quality of law enforcement teams, further unify their thinking, and strengthen forestry administrative law enforcement.
Third, the main measures 1, actively carry out activities and vigorously strengthen the publicity of forestry laws and regulations.
Strengthen the publicity of forestry legal knowledge, especially in the "Wetland Day", "Bird Love Week", "Wildlife Protection Publicity Month", "Forest Fire Prevention Publicity Month" and special rectification activities for forest resources protection, publicize relevant forestry laws, regulations and policies to the whole society in a big way, publicize the importance of managing forests according to law, and create a good atmosphere for improving the level of administrative law enforcement.
2, pay attention to learning and training, and constantly improve the level of forestry administrative law enforcement.
In order to further improve the work efficiency and professional ability of all forestry law enforcement personnel in our hospital, the study and training work is put on the important agenda. In addition to regular study of laws and regulations and on-the-job training, our hospital has repeatedly asked Gaoxian Forest Public Security Bureau to conduct administrative law enforcement training for our law enforcement personnel to further standardize document production.
3. Seriously handle cases and further improve the quality of administrative punishment cases.
Forestry administrative law enforcement personnel strictly abide by the provisions of the "Regulations on Forestry Administrative Punishment Procedures" and the "Measures for the Supervision of Forestry Administrative Law Enforcement", clarify the subject of law enforcement, implement law enforcement responsibilities, punish according to law, do a good job in law enforcement procedures, and standardize law enforcement behavior. Those who fail to perform their duties according to law, or intentionally or negligently cause law enforcement faults in performing their duties, shall be investigated for the responsibility of forestry administrative law enforcement personnel. Ensure the further improvement of the quality of handling cases.
4. Carefully organize the implementation to further ensure the safety of forest resources.
In order to ensure the safety of forest resources and severely crack down on illegal and criminal acts of destroying forest resources, our institute has carried out a series of crackdown and rectification actions, such as "spring forest fire prevention", "spring action" and "cracking down on illegal occupation of forest land and other illegal and criminal acts of destroying wildlife resources", which have effectively cracked down on the arrogance of criminals who violate the law of destroying forests, and at the same time educated a large number of people through cases.
Four, some problems in administrative law enforcement 1, the concept of law enforcement is backward.
There is an idea that punishment is more important than prevention, that law enforcement is punishment, and achievement is the detection rate, but there is no idea of how to reduce the number of cases and how to let the broad masses know the law and abide by the law. The law enforcement concept of serving the people and safeguarding the interests of the people needs to be further strengthened.
2. The overall quality of forestry administrative law enforcement team is not high.
Law enforcement personnel are engaged in forestry technology popularization. They have little time to study forestry laws and regulations, and lack the necessary legal knowledge and relevant law enforcement skills in administrative law enforcement. In the specific process of law enforcement, there are phenomena of lax enforcement, neglect of law enforcement and even illegal enforcement. Many law enforcement officers can't make law enforcement documents. There are several reasons: first, the on-the-job training and examination before the issuance of law enforcement certificates are a mere formality; Second, some law enforcement officers do not pay attention to political study and self-cultivation in their daily work and life, forget the purpose of "law enforcement for the people" and regard law enforcement power as a tool to seek the interests of units and individuals; Third, the study and training of forestry administrative law enforcement is not enough at ordinary times, and they are not familiar with the laws and regulations implemented, and some of them have a little knowledge and are not competent for the work. In addition, there is the problem of not being able to hold a certificate and using an expired law enforcement certificate to enforce the law.
3. The means of forestry administrative law enforcement is single.
Backward equipment, due to the lack of special funds for forestry administrative law enforcement, backward material equipment and lack of necessary material means, leads to difficulties in law enforcement inspection, investigation and evidence collection and punishment, which seriously restricts the hands and feet of administrative law enforcement personnel and affects the improvement of law enforcement level and quality. For example, when investigating cases of indiscriminate hunting of wild animals, poachers have tools and equipment such as boats, and our law enforcement officers are bound by backward or incomplete tools and equipment, so they can't get close to the scene to collect evidence, so there is nothing they can do.
4. "Forest Law" and other laws and regulations are not well publicized and lack due legal authority.
Since the promulgation of the Forest Law, although publicity has been carried out in a big way for many times, it is often limited to posting slogans, distributing materials, running columns, dispatching propaganda vehicles and so on. However, few people go deep into the grassroots to interpret the law, which has caused great momentum and little effect. According to the survey, at present, 0/3% cadres and 52% people in the county/KLOC-do not know or even know the Forest Law. Some illiterate farmers, in particular, know little about forest law. Some only know that the forest law stipulates that you can't cut down other people's trees casually, thinking that as long as the trees are planted by yourself, you can do whatever you want, and I don't know if it is illegal. Some village cadres think that collective trees belong to collective management and they have the right to deal with cutting down a few trees. There is nothing wrong with cutting down collective trees to solve difficulties for members. Yes Members think that the forest is for themselves, and it is their own business to cut down the trees planted in front of and behind the house, and it is their own business to cut more and less, and others can't control it. In addition, in the propaganda of forest law, there are many cases of telling the truth and shouting slogans, but little is known about the relevant specific provisions and specific supporting laws and regulations, such as the occupation and use of forest land, timber harvesting application, seedling seed quarantine, timber voucher transportation and other specific provisions. Many people don't know. When dealing with the violation, the punished person feels aggrieved and refuses to accept it, which leads to litigation.
5. It is difficult to abide by the law and the phenomenon of lax law enforcement still exists.
There are many reasons why forestry cases are difficult to abide by the law and lax in law enforcement: First, cases involving human relations, especially those involving leading cadres breaking the law, are very difficult and have great resistance to forestry administrative law enforcement, so it is difficult to enforce the law strictly and impartially. If some leading cadres know that it is illegal to cut and transport timber, but they say hello because of their feelings and relationships, they suggest that law enforcement officers give the green light to let it go, or dilute it into a general forestry case. As a result, some cases that have constituted criminal offences cannot be transferred to the judicial department for filing in time, which leads to the failure to investigate and punish those who have been investigated and the failure to punish those who have been punished, which damages the prestige of forestry administrative law enforcement and causes adverse effects among the masses; Second, the working methods of individual law enforcement personnel are simple. When carrying out law enforcement work, we should not do a thorough investigation of the case, save trouble, punish lightly and educate all. For example, if people think that the law will not cure them, they usually only give symbolic oral education, which encourages some people to destroy forests; Third, law enforcement procedures are not strict, and investigation and evidence collection are simplified. In the investigation and evidence collection, individual law enforcement officers have the phenomenon of "replacing paper with mouth", ignoring the sufficient strength and mutual confirmation of evidence materials, and collecting uneven and insufficient materials. Fourth, the law enforcement power is insufficient, and it is difficult to effectively monitor and collect evidence for illegal logging, illegal transportation of timber and illegal acquisition of trees, resulting in many cases that cannot be investigated. Fifth, there is a lack of communication and coordination between departments, and law enforcement is difficult. Such as farmland water conservancy infrastructure, urban construction, highway engineering construction, power engineering construction and other fields need to cut down trees. Some departments ignore the existence of the forestry department and only cut down trees according to the regulations and construction needs of their own departments, or cut down trees first and then go through the formalities, thus turning illegal into legal.
Verb (abbreviation of verb) rectification measures
1, completely change the concept of law enforcement.
Firmly establish the idea of law enforcement for the people, and educate administrative law enforcement personnel through training courses, TV lectures, reports and other forms. It is necessary to completely change the law enforcement concept of "emphasizing punishment, neglecting prevention and neglecting service" and firmly establish the idea of law enforcement for the people. Carry out a big discussion on "for whom to enforce the law, for whom to enforce the law", from more fines to better service, so that the concept of "civilized law enforcement, law enforcement for the people" has become the motto of every forestry administrative law enforcement officer. Strengthen service awareness, enhance the understanding and support of the masses, and establish a good image of the forestry administrative law enforcement team.
2, strengthen the construction of law enforcement team.
To improve the material equipment of law enforcement personnel, we need to improve the quality of law enforcement team from the aspects of talent selection standards and talent training by introducing competition mechanism, and establish a law enforcement team that serves the people wholeheartedly. According to the age structure, educational level, professional quality, political literacy and other conditions and changes, timely optimize the combination and implement the post responsibility system. It is necessary to increase investment as much as possible, change the backward phenomenon of law enforcement materials and equipment, and complete the task of forestry administrative law enforcement with high quality and efficiency. ...
3, standardize law enforcement procedures and document production.
In the process of forestry administrative law enforcement, it is necessary to strictly follow the Administrative Punishment Law and the Provisions on Forestry Administrative Punishment Procedures, and further standardize the production of law enforcement documents in accordance with the provisions of laws and regulations, so as to avoid problems such as administrative reconsideration or administrative litigation losing due to illegal law enforcement procedures. Bring some details of the work into the category of standardized management.
4. Strengthen legal publicity and education.
To improve civic awareness, the first step is to increase media publicity. Publicizing laws and regulations in various forms and creating a strong social atmosphere require forestry administrative law enforcement personnel, citizens, legal persons and other organizations to understand their rights and obligations, which is not only beneficial to forestry administrative law enforcement personnel to administer according to law, but also beneficial to administrative counterparts to supervise law enforcement and safeguard their legitimate rights and interests. The second is to combine the cases investigated and dealt with, and publicly expose the case to play a deterrent role.
5. Some forestry law enforcement officers are afraid of the implementation of the administrative procedure law and the administrative licensing law.
Afraid that they may be sued, they are timid in law enforcement and dare not boldly enforce the law. This is due to the lack of correct understanding of the administrative procedure law and the administrative licensing law. We should have the courage to break the "human barriers" and make a good report and explanation to the leaders of relevant departments in order to gain their support. Problems that can't be solved locally should be reported to the higher authorities in time, and you can't retreat from difficulties and indulge in breaking the law. At the same time, in forestry administrative law enforcement, the facts are clear, the procedures are legal, the procedures (documents) are complete and the punishment is appropriate, so that we are always in a favorable position in our work and earnestly safeguard the authority and seriousness of the forestry legal system.
6, the correct exercise of discretion
Those who violate the law for the first time may be dealt with in accordance with the minimum provisions of laws and regulations. If the circumstances are obvious and minor, only education will be given, and no punishment will be given, which fully embodies the people-oriented principle. Establish cases of illegal personnel being stuck, and severely punish the administrative counterpart who repeatedly fails to change. The principles and standards of punishment are made public to the administrative counterpart, so that the offenders can be convinced, the arbitrariness of punishment can be fundamentally solved, and the phenomenon of human cases can be eliminated.
7, establish and improve the system, strengthen law enforcement supervision.
Ensure administration according to law, establish and improve the forestry administrative law enforcement management system, administrative law enforcement personnel management system, administrative law enforcement openness system, examination and approval system, major case investigation and filing system, law enforcement fault and misjudged case investigation system. Ensure that the system is in place and the responsibility lies with people. Relying on the system, strengthening management and standardizing administrative law enforcement should change the phenomenon that forestry administrative law enforcement is equivalent to forestry administrative punishment at present. Strictly achieve legal subject, legal basis, legal behavior and legal procedure. Strengthen law enforcement supervision and ensure administration according to law. First, strengthen internal supervision, implement the law enforcement responsibility system and appraisal system, and clarify the responsibilities of the heads of law enforcement agencies and law enforcement personnel. The second is to establish and improve the external supervision mechanism, announce the law enforcement basis, law enforcement procedures and complaint telephone numbers to the outside world, accept the supervision of the management counterpart, and accept the supervision of the judicial organs and public opinion. Strict, fair and civilized law enforcement.