China News Service, April 26th, the website of the Ministry of Natural Resources recently publicly solicited opinions on the "Measures for Listing and Supervising and Publicly Reporting Cases of Violation of Laws and Regulations by the Ministry of Natural Resources (Draft for Comment)" (hereinafter referred to as "Measures"). The "Measures" clarify the nine situations under the supervision of listing, involving violations of laws and regulations in the fields of natural resources, land and space planning and use control, surveying and mapping.
The "Measures" pointed out that listing supervision refers to the Ministry of Natural Resources' explicit requirements for handling major and typical cases of violations of laws and regulations in the fields of natural resources, territorial space planning, surveying and mapping, publicly urging provincial natural resource authorities to handle them within a time limit, and open to the public Handling results, a work measure that accepts social supervision.
The "Measures" make it clear that cases of violation of laws and regulations that meet the following 9 situations can be listed and supervised, namely:
(1) Violating national land spatial planning and use control, illegally breaking the ecological protection red line, permanent basic farmland protection red line, and urban development borders, causing serious consequences;
(2) Occupying cultivated land in violation of laws and regulations, especially if the permanent basic farmland is large in area and causes serious damage to planting conditions;
(3) Approving the acquisition of land, construction, exploration and exploitation of mineral resources in violation of laws and regulations, resulting in serious consequences;
(4) Serious violations of national industrial policies, land supply policies, land market policies, and serious violations of the development and utilization of land;
(5) Exploiting mining resources in violation of laws and regulations, or the circumstances are serious or cause serious damage to the ecological environment;
(6) Serious violation of laws and regulations governing the geological prospecting industry;
(7) Serious violation of laws and regulations on the management of surveying and mapping geographic information;
(8) Concealing or failing to report, suppressing the case, investigating the case for a long time, repeating the investigation and repeating the crime, causing bad social impact;
(9) Other circumstances requiring listing supervision.
In addition, the "Measures" stipulate that if the leaders of the Ministry of Natural Resources approve the listing supervision, the relevant departments of the Ministry of Natural Resources shall issue the listing to the provincial department of natural resources in the form of a letter from the Office of the Ministry of Natural Resources within 2 working days Supervise the notification of violations of laws and regulations, and send a copy to the relevant provincial people's government office, the National Natural Resources Inspector General Office, and the local Natural Resources Inspectorate Bureau.
After receiving the notice of listing supervision and violation of laws and regulations, the provincial natural resources department shall promptly organize investigation and processing in accordance with the requirements of listing supervision and relevant departments, and report the investigation and processing opinions to the Ministry of Natural Resources within 45 days from the day of listing supervision. If major or complex situations are difficult to handle in the investigation and processing, they shall report to the provincial people's government in a timely manner.
The "Measures" emphasize that if the provincial-level natural resources department refutes the case of the Ministry of Natural Resources to supervise the case, handle it poorly, or falsify, the Ministry of Natural Resources will transfer the clues to the discipline inspection and supervision authorities in accordance with the law.
Regarding the transfer of listed supervision cases, the Measures clarified the transfer requirements for the three suspected violations of discipline and crime in the case, which are as follows: (1) If the criminal responsibility of the subject of violation of laws and regulations is to be investigated, the natural resources department in charge of the case shall handle the case in accordance with the law Refer to the judicial organ for handling according to regulations.
(2) In case of suspected disciplinary violations and duty crimes, the natural resources department in charge of the case shall transfer the clues to the disciplinary inspection and supervision organs in accordance with relevant regulations.
(3) In accordance with the regulations of the Central Office of the Communist Party of China on the transfer of clues, and the transfer to the National Discipline Inspection Commission of the Central Commission for Discipline Inspection, the relevant departments of the Ministry of Natural Resources shall be transferred in accordance with the regulations after the approval of the leaders of the Ministry of Natural Resources.
The "Measures" will be implemented from the date of promulgation and will be valid for five years.