MySheen

"1 yuan fine" is a disguised connivance of illegal occupation of land.

Published: 2024-11-22 Author: mysheen
Last Updated: 2024/11/22, "1 yuan fine" is a disguised connivance of illegal occupation of land.

If the law, as one of the most important dams, cannot effectively prevent capital from encroaching on agricultural land, then who should protect the lifeline on which we depend for survival in the future? In order to effectively protect land, we cannot rely solely on administrative means, we must plug loopholes in law enforcement from the system, never tolerate illegal occupation of land, and impose severe penalties.

Recently, Xinhua News Agency reported a case of illegal occupation of agricultural land. In Yangjiang City, Guangdong Province, in the process of illegal expropriation of tens of thousands of square meters of agricultural land, the local land department has issued four decisions on land administrative penalties over the past eight years, and the illegal land expropriation has not been stopped, on the contrary, it covers an increasingly large area. In the face of administrative punishment, the party concerned continued to break the law while acknowledging the penalty, but the local land department has been fining it at the rate of 1 yuan per square meter.

Cultivated land is not only a survival field for farmers, but also the lifeline of the national food security strategy. However, Yangjiang in Guangdong Province cannot effectively enforce the law in view of the illegal occupation of agricultural land. Why did such an absurd law enforcement embarrassment happen? Carefully combing the process of the incident, we will find that the subject is not approved to build, there is no fear; the land department passive law enforcement, scratching the itch. According to the report, the land involved was only approved by the Guangdong provincial government to be converted from agricultural land to construction land in 2012. As early as 2007, the subject signed the "Land requisition Agreement" with the Yangdong local real estate development company, and the illegal facts lasted for 4 years without the approval of the government. From 2008 to 2010, although the local land department even issued three administrative penalty decisions, the fine standard of 1 yuan per square meter could not even be "raised high and gently put down." this is completely "light handling." tickle the subject.

For such a penalty standard, the local land department said that according to the relevant regulations of the state, the illegal occupation of land without approval will be fined less than 30 yuan per square meter. The maximum fine of 30 yuan is chosen as the fine of 1 yuan, which is actually a disguised connivance of illegal land occupation. The parties happily pay the fine, and then further illegal occupation of land, sit down on the illegal facts.

Although the penalty standard of "$1 fine" is speechless, the focus of this case should be extended from the penalty standard to the effect of law enforcement. There are four administrative penalty decisions, each of which confirms the illegal facts of the subject, but it simply does not have the due effect of law enforcement. In this regard, the local land department said that since 2008, it has also organized urban management, construction, land and other comprehensive law enforcement forces to demolish the site, but all came to nothing in the end. If capital is allowed to control the logic of the use of cultivated land, the relevant laws and regulations can not constitute its due constraints, then such a low penalty standard and law enforcement effect will cause bad demonstration effects and lead to adverse consequences.

In fact, the case of illegal occupation of land in Yangjiang City is not the same. Last year, according to the inspection results of the sixth inspection team of the Guangdong Provincial CPC Committee, it was common in Yangjiang counties (cities and districts) to expropriate land in violation of regulations, illegally buy and sell land, and change land use at will. Some members of the current and retired city and county (district) leading groups in Yangjiang City abused their power for personal gains, interfered with project construction and land development, and engaged in business activities in violation of regulations. As early as 2013, the "illegal sale of land nest case" in Yangjiang City investigated and dealt with 3 department-level cadres and 17 were investigated for criminal responsibility. In 2014 and 2015, Wei Likun, chairman of the Yangjiang Municipal Committee of the Chinese people's political Consultative Conference, and Chen Yuezhi, vice mayor of Yangjiang City, who is in charge of land and resources work, were removed from their posts because of land issues. The illegal sale and sale of land broke out in a "covert case", and I am afraid it is also to blame for the impact of the "fine of $1".

Land is supposed to be the production and living materials of farmers and an important resource for local economic development, but in Yangjiang it has become a private cash cow with the combination of power and capital of a few people. Among them, how many economic losses have been caused to the country? How many farmers' interests have been encroached upon? What is even more worrying is that there is a great "bonsai" in the law enforcement process, standards and effects of the relevant departments. If the law, as one of the most important dams, cannot effectively prevent capital from encroaching on agricultural land, then who should protect the lifeline on which we depend for survival in the future?

In recent years, the problems of illegal occupation of land and illegal construction have emerged one after another, and on the surface, the cause of this problem is the administrative inaction of the relevant functional departments and lax law enforcement. At a deeper level, it is inseparable from the combination of capital and power. Local governments want to develop the economy, the organizational area of cities and towns should be expanded, the area of industrial factories should be expanded, and agricultural production should ensure national food security. Land use must be reasonable, legal and compliant, illegal disposal of land must be severely punished, and illegal occupation of land must not be condoned in any form. This is the bottom line of land use.

However, in order to effectively protect the land and reasonably use the land in accordance with the law, we must not rely solely on administrative means, but must plug the loopholes in law enforcement from the system. At present, we are in the process of rapid urbanization. according to the Ministry of Land and Resources in May, 89 of the country's 106 key cities have designated permanent basic farmland around them. Ensure the red line of cultivated land and stop cities from expanding in the form of "big cakes". The demarcation of permanent basic farmland in key cities is advancing, and should the delimitation of permanent basic farmland in third-and fourth-tier cities like Yangjiang be put on the agenda as soon as possible? In addition, enough attention must be paid to the problem of land occupied by the development of third-and fourth-tier cities, focusing on supervising and inspecting the process of land use in third-and fourth-tier cities, and strengthening the building of law enforcement capacity, independence and vertical management of local land law enforcement departments. the illegal occupation of land will not be tolerated and severe penalties will be imposed. Only in this way can we put the precious land resources in the right place and cultivate lasting soil strength for social and economic development.

 
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