How to solve the difficult problem of Land Management

The party and the state attach great importance to the protection of cultivated land and have repeatedly stressed that "the red line of cultivated land should be strictly guarded." However, in reality, due to various reasons, land management can not effectively curb the problem of illegal land use. Under the new situation of comprehensively promoting the rule of law, we should, in accordance with existing laws and regulations, improve the land management mechanism, strictly carry out land supervision, effectively restrain local governments, land users and land management staff, and solve the difficult problems of land management as soon as possible.

The conversion of other types of land into construction land in accordance with the overall land use planning is called land requisition and transfer examination and approval, which is usually vested in the provincial government. According to the law, the premise for illegal land use to be examined and approved in accordance with the law is that its behavior must be dealt with in accordance with the rules and regulations, otherwise it will be investigated and punished according to the illegal land grant. If the illegal and illegal acts are not investigated and punished, the examination and approval personnel have an important responsibility; if the illegal and illegal acts are investigated and dealt with, the illegal and illegal subjects will be subject to property or even criminal punishment. This contradiction between the examination and approval personnel and the subject of illegal land use is the first priority contradiction in land management.

The subjects of illegal land use include local governments, individuals, enterprises and institutions, whose purpose is to occupy or use land in advance to obtain income. They all do not want the illegal land use behavior to continue, because the real right cannot be established and is not protected by law. Therefore, they all want to obtain legal land approval procedures. Not only want to obtain the income of illegal land use, but also want to obtain legal examination and approval procedures, which is the second priority contradiction in land management.

In the case of strict examination and approval, the conversion of illegal land into legal land will be punished. On the contrary, those who do not want to become legal violations, such as some illegal homestead, private factories, can benefit. It is also a violation of laws and regulations, and you will be punished if you turn it into law, but you can get benefits if you don't turn it. This is the third priority contradiction in land management.

According to the relevant laws and regulations, the local land law enforcement departments should transfer the confiscation punishment to the local financial department for handling in the process of law enforcement. In reality, some local financial departments do not really confiscate, resulting in the loss of state-owned assets, which has nothing to do with local land law enforcement departments. The contradiction between the local financial department and the subject of illegal land use is the fourth priority contradiction in land management.

From the actual situation of land inspectors, the main reason why a large number of illegal land has not been punished is due to the lack of effective supervision, that is, the first priority contradiction is the principal contradiction. In order to solve the problem of illegal land use, we must grasp the main contradiction of illegal land grant.

In order to grasp the principal contradiction and solve the difficult problem of land management, it is necessary for the national land inspectorate to strengthen supervision, strengthen the verification of land examination and approval, seriously supervise the illegal land grant, and urge the provincial land examination and approval personnel and local law enforcement personnel to strictly perform their duties. investigate and deal with illegal and illegal land use in place, so as to resolve the second priority contradiction. Under strict examination and approval, the subject of illegal land use will not be able to obtain any benefits, the law enforcement environment will be improved, law enforcement justice will be reflected, and no one will dare to violate the law any more, thus the contradiction of the third order will be resolved. If the national land inspectorate jointly with the local procuratorate carries out the land financial audit, it will certainly urge the local financial departments to implement the confiscation punishment, and the fourth order contradiction will also be resolved.

By using certain technical means, the national land supervision institutions can grasp whether there are violations of laws and regulations in applying for approval of land, and achieve omni-directional supervision over the provincial land examination and approval personnel. The national land supervision agency may require local land law enforcement departments to report data on the location, area and type of illegal land use according to the time period. In this way, local land law enforcement departments will focus on finding problems and will no longer be subject to local governments, and the problem of illegal land use can be discovered and dealt with in a timely manner. The state land supervision institution may also supervise the investigation and handling of illegal land use in various localities, so as to increase the cost and cost of illegal land use, so as to improve the order of land use and management, create a fair environment for land law enforcement, and reverse the spread of illegal land use. In this way, the examination and approval of land requisition and transfer will be more and more standardized, local land law enforcement staff will have more energy to discover and deal with the problem of illegal land use, and the whole land law enforcement supervision work will embark on a virtuous circle.