The dilemma of the same administrative punishment method in the Ministry of Land and Resources

Old law, new laws, and land and resources administrative punishment has been embarrassed. The Ministry of Land and Resources has been established for more than 11 years, but as of today, there are still two administrative punishments in one ministry.　　The administrative punishment of land and resources has been embarrassed. Because there is no one of the same land and resources administrative punishment method, all levels of land, mineral resources management is in fact in accordance with the "People's Republic of China Administrative Punishment Law" provisions of the procedure to implement the administrative penalty, but this upper law is not specifically tailored for the Ministry of Land and Resources, the Rules of Procedure Verification, suppression, filing, trial and other links, there is no clear how each penalty link to manipulate, the implementation of administrative punishments in different places, at the same time, the local in the specific application will produce a variety of understanding, different practices.　　As a result, the administrative punishment of land and resources in some places has been lost in the lawsuit due to the illegal procedure.　　And the new "land and resources administrative punishment measures (draft)" (hereinafter referred to as the draft) has been released, the Ministry of Land and Resources is openly soliciting opinions. The legal basis is different one leads to the law enforcement disorderly Land resources department is 1998 by the original geology and mineral ministry and the National Land Bureau two parts to form.　　The Ministry of Geology and Mineral Resources and the National Land Bureau of the brand is not, but the two parts of the July 19, 1993 and December 18, 1995 issued the "Land illegal cases", "violation of mineral resources regulations Administrative Penalties" (hereinafter referred to as two methods) is still in the Ministry of Land and resource implementation. "Some elements of the two approaches do not correspond to existing laws." "The Ministry of Land and Resources law enforcement supervision of the main head of this day in the interview with this reporter told reporters, the two methods are promulgated before the administrative Punishment Law and the Revised Land Administration Law and the Mineral Resources law, some contents such as the type of administrative punishment, the Administrative punishment procedure, the seizure, the disposal of the land tort and so on, are not in accordance with the above-mentioned legal provisions.　　Some even conflict, conflicts, resulting in the local land and resources administrative authorities to implement the process of administrative punishment is difficult to grasp. "With the development of the situation, the administrative law enforcement of land and resources is confronted with the problems of law enforcement, law difficulty and enforcement." The official said, in fact, at present, the administrative punishment procedure appearing in the Land and resources administrative law enforcement is not standard, the Division of Administrative authority of land and Resources Administration in ministry, province, city and county is not fair, the investigation lacks the means, the execution is difficult to put in place, the conclusion is not standard, the administrative punishment lacks Neither approach provides the legal basis for addressing these outstanding issues of law enforcement.　　At the same time, the good practice and good experience in the law enforcement practice of land and resources cannot rise to the system level. 1998 after the establishment of the Ministry of Land and resources, the local level of land and resources administrative departments have been set up, the land, mining and illegal cases of investigation and treatment, from the former decentralized land administration, mineral Resources management part of the responsibility, to now the same by the Ministry of Land and Resources administrative responsibility, therefore, The Mineral resources management part has actually abandoned these two methods, in turn according to the Administrative Punishment law stipulationProcedures to enforce administrative penalties. "The chief executive of the Law Enforcement Inspectorate told reporters is the implementation of administrative punishment law also let the local encounter confusion: due to the administrative penalty law stipulated by the procedure comparison principle, does not have the stipulation discovery, the verification, the suppression, the registration, the trial and so on link, also did not have the clear each punishment link how to manipulate, each place executes the administrative punishment the　　The place will have different understanding and different practice when it is applied concretely. The standard standard of administrative punishment is expected to be clarified in accordance with the principle of open door legislation, the Ministry of Land and Resources drafted the draft. For the 92 draft, the Ministry of Land and Resources law enforcement supervision of the main responsible person gave the position is "within the framework of existing laws and regulations, limited to solve the current land and resources law enforcement of outstanding problems." "The person in charge of the current land and resources of the type of illegal cases, he thought, there are roughly four categories, one is in violation of land and resources laws and regulations, the law should be given administrative punishment cases; the second is illegal approval of expropriation, occupation of land, or illegal approval of exploration, mining mineral resources　　Third, violation of land and resources laws and regulations should be held to the case of party discipline disciplines liability; "In addition to some cases can be directly determined by the administrative Department of Land and Resources, the other party disciplines disciplinary cases can only be made by the disciplinary inspection and supervision organs, criminal cases can only be investigated by the judicial organs, the illegal approval of the case can only be dealt with by the right part."　　The official said that although the Department of Land and Resources administration can not deal with these cases, but in accordance with the provisions of the draft is entitled to investigate, found that the need for such responsibility, the case can be transferred to the relevant part of the treatment. According to him first, the draft in the punishment procedure provisions on the new design and thinking, "for example, the draft of the request for comment on the administrative punishment of the summary procedure, hearing procedures."　　"The official said that due to the provisions of the administrative penalty law, the previous administrative penalty for land and resources, rarely applied to summary procedures, but in the draft of the request for comment on the provision of land and resources administrative penalty summary procedure." On the hearing procedure, the person in charge said that, in conjunction with the "Land and resources hearing provisions", the request for comment Draft stipulates that the parties requesting hearings on the part of the land and resources "to make a large amount of fines, to revoke the investigation permit or the mining permit, and to order the demolition of the deadline　　The administrative Department of Land and Resources shall organize the hearing according to the hearing of the Ministry of Land and Resources. The official told reporters that in the "Land and resources administrative punishment measures" before the formal release, the Ministry of Land and Resources still expect the public to fully express their views. (Xi Jian Rong)