The special rectification efforts are very strong, but the phenomenon of indiscriminate occupation and construction has not completely stopped
resolutely curbing the indiscriminate occupation of cultivated land to build houses, how much effort is needed?
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The problem of illegal occupation of cultivated land to build houses is spreading from local areas to the whole country, from ordinary houses to buildings and villas, from farmers’ self-occupation to illegal sales, and from single-family households to organized implementation. If it is not resolutely contained, it will be out of control. situation.
The Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs have recently issued two articles in a row, adopting strong and effective measures from the two aspects of blocking and dredging, and adopting a "zero tolerance" attitude to resolutely curb new violations of laws and regulations. At the same time, the reasonable land demand for rural villagers' self-built houses should be guaranteed.
"Since the 19th National Congress of the Communist Party of China, various localities and departments have jointly carried out special rectification of'big sheds' and illegally built villas, which have played a certain deterrent effect." Chen Chenzhao, a member of the Party Leadership Group of the Ministry of Natural Resources and Deputy Chief Inspector of Natural Resources of the State It was stated at a press conference held on 31st that, however, the phenomenon of indiscriminate occupation of arable land to build houses in rural areas has not been completely stopped, and if it is not resolutely contained, it will be out of control.
Cultivated land protection is a major issue involving national security and the survival of 1.4 billion people. The "Land Management Law" clearly stipulates that it is prohibited to build houses on cultivated land without authorization.
Why can't the special rectification stop the indiscriminate occupation of farmland to build houses? What measures will the relevant departments take to contain them?
Spread from local areas to the whole country
Public information shows that the indiscriminate occupation of cultivated land in rural areas to build houses includes not only residential houses, but also public management services and industrial houses such as industrial and mining, storage, and business services. The types of violations mainly include illegal land occupation, illegal land grant, illegal transfer of land, and illegal sale of houses.
Typical cases include: someone without the approval of the land use management department organizes personnel to build more than 260 sets of greenhouses and rent them out; the person in charge of a street uses the power to preside over the overall work of the street to stop the person in charge of street urban construction and the district urban management squadron Law enforcement officers investigated and dealt with the problem of a company’s illegal occupation of cultivated land for construction and house building, which made the company’s factory building illegally built and put into production; a public official in a city invested funds to privately build two illegal buildings in a village in the name of his mother.
"The problem of illegal occupation of cultivated land to build houses is spreading from local areas to the whole country, from ordinary houses to buildings and villas, from farmers' self-occupation to illegal sales, and from single households to organized implementation." Chen Chenzhao said.
Mixed with complicated interests
"Although many places are aware of the importance of cultivated land protection, when it comes to specific issues, they always feel that'I have a little bit of it and will not interfere with the overall situation.' The protection of cultivated land is important when it comes to it, but it is not so important when it is done." The Law Enforcement Bureau of the Ministry of Natural Resources Director Cui Ying analyzed that the lack of understanding is one of the reasons why the problem of illegally occupying farmland and building houses has not been curbed.
Lax enforcement is another reason. Cui Ying said frankly that the natural resource system and local governments have different levels of inadequate supervision. The strength and scientific nature of natural resources inspections are also insufficient. Some local governments worry that strict law enforcement will hinder local industrial development and rural revitalization.
"Relevant legal systems have become'furnishings' and'scarecrows'." Chen Chenzhao bluntly said that the problem of unlawfully occupying farmland to build houses is also mixed with complicated interests, and even involves the corruption of some grassroots cadres.
Imperfect laws and regulations and low illegal costs make it difficult to effectively combat the problem of illegally occupying farmland to build houses. "The law stipulates that rural villagers who illegally occupy land to build houses must be demolished regardless of whether they are in line with the plan, but it is actually difficult to investigate and enforce." Cui Ying gave an example. In the past, the highest fine was 20,000 yuan for illegal occupation of 1 mu of cultivated land. low. Only those who illegally occupy more than 5 acres of basic farmland or more than 10 acres of arable land other than basic farmland are suspected of crimes.
"There is a mentality of'the law does not blame the people' among some people, thinking that'others build it, I build it, others don't demolish it, and I am fine.'" Chen Chenzhao also believes that the problem of the rural occupation of farmland to build houses is wrong. There are few reasonable but illegal situations. There are both local government reasons and policy design reasons. For example, some places have not approved new homesteads for many years; some homestead application conditions are pre-existing, and there is a phenomenon of policy "fights".
Combining deblocking and curbing illegal and irregular problems
On July 3, the State Council’s video and telephone conference on the rectification of the problem of arable land occupation and construction in rural areas proposed that the illegal occupation of arable land and construction of houses touched the red line of arable land protection and threatened national food security. The most urgent task at the moment is to implement reforms, resolutely stop the increase, and prevent further increase in the illegal area and the illegal occupation of cultivated land. The rectification of historical stock issues must be carried out in accordance with laws and regulations, stressing work methods, grasping the focus and pace of work, rectifying step by step, sorting out disposal, and advancing vigorously, effectively, orderly and effectively.
The Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs recently issued the "Notice on the "Eight Prohibitions" on the Unlawful Occupation of Farmland in Rural Areas to Build Houses" and the "Notice on Guaranteeing the Reasonable Use of Land for Rural Villagers' Housing Construction." With regard to the behavior of building houses in rural areas, the former further clarified the “eight prohibitions” such as not allowing the occupation of permanent basic farmland to build houses, forcibly occupying large amounts of cultivated land to build houses, and not allowing illegal construction of houses on contracted cultivated land; the latter aimed at the existing plans Unbalanced demand for indicators, unclear requirements for use of indicators, and misappropriation of indicators have been stipulated from various aspects such as spatial planning, land use indicators, and balance of arable land occupation and compensation, so as to ensure the reasonable land demand for rural villagers’ housing construction.
"It is necessary to take strong and effective measures from the two aspects of blocking and dredging, and with a'zero tolerance' attitude, resolutely curb the new illegal and irregular problems. At the same time, it is necessary to effectively guarantee the reasonable land demand for rural villagers to build houses." Chen Chenzhao Interpretation.
Cui Ying reminded that the introduction of the "Eight No Permits" for the indiscriminate occupation of farmland in rural areas does not mean that behaviors not listed are permitted. Other illegal occupation of farmland in rural areas not covered by the "Eight Prohibitions" should also be severely cracked down in accordance with laws and regulations.
Du Xin