Implementation of the State Land Inspection System |
I. The significance of establishing the State Land Inspection System It is an important decision of the CPC Central Committee and the State Council to set up the State Land Inspection System which is significant for carrying out the most strict arable land protection system, efficiently implementing the state macroeconomic regulation, and promoting the unified implementation of land administration laws and regulations nationwide. • Conducive to carrying out the most strict arable land protection system It is a fundamental guideline of the CPC Central Committee and the State Council to carry out the most strict arable land protection system. China is undergoing rapid industrialization and urbanization, and thus is facing demanding tasks of protecting arable land and ensuring food security. The contradiction between arable land protection and economic development stands out. In view of the current situation, two aspects should be emphasized: 1) Enhance the power, responsibility and ability of the provincial government in terms of land administration and arable land protection; 2) Enhance the supervision capability of the central government in land administration and arable land protection. The State Land Inspection System compensates the lack of central government supervision on land use and administration by local government. It is conducive to enhancing central government's supervision capability, promoting provincial government's fulfillment of arable land protection target, so as to further improve the most strict arable land protection system. • Conducive to efficiently implementing the state macroeconomic regulation policies It is an important decision by the CPC Central Committee and the State Council in recent years to incorporate land policies in macroeconomic regulation. Our current macroeconomic regulation policy features strict control on credit and land supply. Years of practice has proven land policy to be the most direct and effective means of macroeconomic regulation for the time being. To fully tap the role of land regulation and manage and control land use well, it is necessary to set up a regulation mechanism that is conducive to regulating the aggregate land supply, supply speed, land use structure, and discriminative treatment, and systems to guarantee it. Hence the State Land Inspection System comes into being. • Conducive to the unified implementation of land administration laws and regulations nationwide The land issue has a direct bearing not only on China 's sustainable economic and social development, but also on the fundamental interest of Chinese farmers. Negligence on it will affect social stability and the establishment of a socialist harmonious society. It is long way before we achieve the strictest rules of land supervision. Considering that there will be a groping process before establishing the most strict land administration system in China, there are differences between different places in approving land use according to law, thus leading to vicious comparison and competition. The establishment of the State Land Inspection System can help local governments to manage and use land according to law and in an orderly manner under a unified land policy so as to ensure the unified implementation of land laws and regulations nationwide. II. The main contents of the State Land Inspection System 1. Personnel and organizational setup The total staff for State Land Inspection numbers 360. The organizational setup consists of the State Land Inspector-General and his office, and the designated land inspection bureaus in 9 cities throughout China , including Beijing , Shenyang , Shanghai , Nanjing , Jinan , Guangzhou , Wuhan , Chengdu , and Xi'an . The state land inspection institution has one State Land Inspector-General, held concurrently by the Minister of Land and Resources; one Deputy State Land Inspector-General, held concurrently by one vice Minister of Land and Resources; and one full-time Deputy State Land Inspector-General (at vice-ministerial level). There are one director-general and two deputy director-generals at the State Land Inspector-General Office. Besides, each state land inspection bureau has one director-general, two deputy director-generals, and several commissioners. 2. The legal status of the State Land Inspection Institution The State Land Inspection Institution is authorized by the State Council to supervise land use and administration in by provincial government and government of the cities specially designated on the state plan. The State Council authorized the Ministry of Land and Resources, which exercises supervision through the State Land Inspector-General. The designated local bureaus are the legitimate institutions to exercise supervision on behalf of the State Land Inspector-General. 3. The legal duty of the State Land Inspection Institution 1) Supervise and examine the fulfillment of protection responsibility targets of provincial government and municipal government of cities specially designated on the state plan. 2) Supervise the enforcement of land laws of provincial government and municipal government of cities specially designated on the state plan, the legitimacy and authenticity of land use and management, the land use approval, and the fulfillment of related legal duties. 3) Supervise and examine the implementation of central government's macroeconomic regulation through land policies by provincial government and the municipal government of cities specially designated on the state plan. 4) Carry out surveys on land administration, and work out policy suggestions to strengthen it. 4. The legitimate authority of the state land inspection institution 1) Examination right Getting to know violation of laws and regulations through circuit examination, reporting system, materials from authorities concerned, and remote sensing monitoring technology, etc; 2) Verification right Examining the legitimacy of authorization, standard and procedure of the approval of agricultural land conversion and land requisition; 3) Retification right Giving corrective suggestions in view of the emergent problems in the surveys to provincial government and municipal government of cities specially designated on the state plan within the area under inspection. For those that fail to improve accordingly, the State Land Inspector-General will order them to do so within a set time limit. During that period, the acceptance and approval of agricultural land conversion and land requisition in the foregoing areas will be suspended. The rectification done shall be examined by the local state land inspection bureau before being submitted to State Land Inspector-General for approval. 4) Advising right Giving suggestions to local government to improve land administration; 5. The responsibility system of the state land inspection institution 1) Time limit system It should take no more than 30 working days to review the approval documents of agricultural land conversion and land requisition in provinces and cities specially designated on the state plan. 2) Accountability system The state land inspection institution shall strictly administer land use, establish and improve relevant regulations, and prevent dereliction, malpractice and other violations. Officials and staff members work in different cities and have regular exchanges, and those who fail to perform their duties and exercise strict supervision shall be held accountable. 6. The basic idea of state land inspection The basic idea of state land inspection can be concluded as follows: one mainline, three focuses, and three mechanisms. One mainline refers to supervising and examining land use and administration by provincial government and government of cities specially designated on the state plan. Three focuses refer to: 1) supervising and examining the fulfillment of arable land protection responsibility targets of provincial government and government of cities specially designated on the state plan; 2) supervising and examining the implementation of macroeconomic regulation through land policies by provincial government and government of cities specially designated on the state plan; 3) promoting the improvement of land policies. Three working mechanisms refer to: 1) establishing a discovery mechanism with the help of advanced technologies such as remote sensing monitoring, and means such as media disclosure, reporting, field survey, and consultation of archives, etc., to discover violation of land laws and regulation in time within the inspection area; 2) establishing a review mechanism to look up at the procedures of approval for construction land use, and review its authenticity and legitimacy; 3) establishing a rectification mechanism to give corrective suggestions regarding violation of land laws and regulations to provincial government and government of cities specially designated on the state plan. III. Progress of the Organization and Implementation of the State Land Inspection System Since the Notice of the General Office of the State Council on Relevant Issues concerning the Establishment of the State Land Inspection System (No.50) was issued in July 2006, the Ministry of Land and Resources actively advanced the organization and implementation work of the State Land Inspection System. Despite the difficulties of insufficient staff and heavy work load, the state land inspection bureaus carried out the work in an orderly manner according to the requirement of ?working while teaming?. As a result, institutional building was accelerated, land inspection carried out, and infrastructure construction strengthened. All in all, the organization and implementation work of the State Land Inspection System has proceeded smoothly. In terms of land inspection, we mainly did the following work: 1. Key inspections were conducted for strict arable land protection From the end of last year to the first half of this year, the field work inspection on the fulfillment of the responsibility target of arable land protection has proceeded in some provinces, municipalities, autonomous regions and cities specifically designated in the state plan. Through listening to reports, carrying out field visit and holding meetings, the inspection team inspected the division, implementation and examination of arable land responsibility targets as well as the establishment and implementation of the arable land protection responsibility system. Suggestions were presented to related local governments on such problems as deficient responsibility target, unclear responsibility bearer, incomplete responsibility system, and lack of examination. The local governments have carried out serious rectification and signed new target responsibility documents on arable land protection in line with new policy requirements, and some of them are stepping up to formulate detailed examination measures. Thus the protection of arable land has been strengthened and remarkable achievements made in key inspection. 2. Four special inspections were conducted to tackle outstanding problems of violation. First, special inspection was conducted to tackle the problem of ?replacing land requisition with leasing? in the district of Shunyi in Beijing . In light of a report on Beijing Times in February this year about the local government of Mulin town in Shunyi district leasing thousands of mu of land for hippodrome, the State Land Inspection Beijing Bureau sent a rectification opinion letter to Beijing municipal government to investigate this matter, while conducting an overall examination and rectification program throughout Beijing on problem of ?replacing land requisition with leasing?. The Beijing municipal government attaches great importance to the special inspection. So far, the case has been investigated, the project suspended, the walls and wires removed, and the land use approval document revoked. The rectification throughout the city has been completed, finding out 442 cases of ?replacing land requisition with leasing?, involving 15801 mu of land, including 7995 mu of arable land. So far, 273 of the cases have been registered, involving 9959 mu of land; 26 have been dealt with through clearing up, removal or rectification, involving 252 mu of land; and suggestions have been proposed to each of the rest 143 cases which are being dealt with in the abovementioned manner. Beijing Municipal government has ordered related districts and counties to deal with the problems seriously. The government of Fangshan District investigated and dealt with the case of illegal villa construction in Qinglongtou Village of Qinglonghu Town. The case also features ?replacing land requisition with leasing?, involving 318 mu of land. 85 villas were removed, and 59 villas confiscated. Second, special inspection was conducted to tackle the problem of Henan Provincial government's arbitrary changing of basic farmland location in Jiaozuo city by adjusting the land use masterplan. Earlier this year, a reporting letter exposed that the Henan Provincial Government arbitrarily permitted the adjustment of basic farmland location to introduce non-agricultural construction project of Henan Fengshen tyre company in Jiaozuo city. In response to it, the State Land Inspection Jinan Bureau sent a rectification opinion letter to Henan Provincial government to correct and seriously investigate on the matter of occupying basic farmland without permission of the State Council, while conducting special inspection throughout the province. Henan Provincial government attaches great importance to the matter, and has not only withdrawn the original document, but also ordered Jiaozuo Municipal Government to rehabilitate the over 400 mu of land occupied to the original status. So far, all the farmland occupied has been returned to farmers for cultivation. Three similar projects of violation were also found out and corrected in the province. Third, special inspection was conducted in Qujing city of Yunnan province to tackle the problem of illegal use of basic farmland for non-agricultural construction without local government's checking and punishment. In April this year, CCTV's ?focus interview? program reported the illegal use of basic farmland for non-agricultural construction in Qujing city without local government's checking and punishment. In response, the State Land Inspection Chengdu Bureau sent a rectification opinion letter to Yunnan Provincial government to seriously investigate the case, conduct special rectification program throughout the province, establish and improve related systems, and implement the accountability system. Yunnan Provincial government attaches great importance to the matter, promptly came up with suggestions to correct and deal with it, stopped all projects in the vocational education center, and had Qujing government summit a written review to the provincial government. So far, the 65.38 mu of arable land illegally occupied has all been returned to cultivation. The Yunnan Provincial government fined the three schools concerned, applied administrative sanctions of demerit record and warning to their principals, and circulated a notice of criticism about related officials in Qujing city. In this special inspection, a total of 2034 cases of violation of land laws and regulations since 2005 have been found out, involving 9832 mu of land; among which 1023 cases have been rectified, 1011 filed, and 925 completed, 130976 square meters of illegal constructions were removed, and 5081 square meters confiscated, 260.43 mu of land was returned, 6 people responsible for it received administrative penalty, 4 others were sent to judiciary organs for investigation. Meanwhile, the Notice of the Yunnan Provincial Government on Earnestly Strengthening Land Administration and Seriously Implementing Arable Land Protection Responsibility was issued. Fourth, special inspection was conducted in Dalian to tackle the illegal occupation of farmland for non-agricultural construction without permission. In March 2007, the State Land Inspection Shenyang Bureau learned from research that since 2005 some construction land in Dalian is illegally taken from farmland for non-agricultural construction without permission. In response, the Shenyang Bureau sent a rectification opinion letter to Dalian Municipal government to conduct overall rectification throughout the city. Dalian Municipal government attaches great importance to the rectification opinion and put forward requirements to district and county governments. The initial examination has exposed 210 cases of illegal land use, involving 13188 mu of land, including 3544 mu of arable land. Rectification is being carried out by Dalian Municipal government, and 12 cases have been disclosed in Dalian Daily and Dalian TV and other media. • High-tech methods were actively explored in land inspection The State Land Inspection Beijing Bureau has set up a land use remote sensing and patrolling system composed of four subsystems of remote sensing camera-tube management and automatic identity discovery, central data management and application, long-distance patrolling at the monitoring center, and vehicle based long-distance patrolling. Providing a clairvoyance to land inspection work, the system can be used on the spot and applied directly to quantitative measurement and qualitative analysis either in target land or random patrolling, and has proved quite effective in the inspection work in the first half of this year. Other inspection bureaus are also actively exploring and applying information technology to land inspection. • Two large-scale surveys and researches were conducted First, surveys and researches were carried out on the implementation of the arable land protection target responsibility system in every province, autonomous region, municipality and designated city. Emphasis was put on the establishment and improvement of the arable land protection target responsibility system, the signing of responsibility document, and the assessment of responsibility target, since the release of the Decision of the State Council on Deepening Reform and Tightening up Land Administration (No.28 ), the Notice of the State Council on Issues concerning Strengthening Land Regulation (No.31) and the Notice of the General Office of the State Council on Issuing the Measures for the Examination of Arable Land Protection Responsibility Target of Provincial Governments (No.52). Second, key researches were conducted on related issues in development zones. After the land market rectification, special zones were established in some places in the name of ? industrial concentration zone?, ?industrial port?, ?supplementary garden? and ?start-up base?. Even in some development zones designated by the State Council, there has been the problem of exceeding the planned area of land. In light of that, in-depth research was conducted in some typical cities selected based on the overall knowledge of the current situation. The surveys and researches have laid a solid foundation for the next stage of special inspection through discovering outstanding problems and grappling the actual situation. We've just made a good beginning in the state land inspection work with the progress achieved, and more efforts shall be made in the next stage. We will conduct special inspections based on the result of research about the problems of arbitrarily establishing and expanding of development zones, leaving large areas of construction land unused, and acting against land supply policies. On the other hand, according to the actual situation that the land use masterplan is being edited and the two core targets, i.e. the arable land protection area and the basic farmland protection area, haven't been divided and made known to local government, we'll focus on the enforcement of the annual land use plan, inspect the implementation of the arable land protection targets in 2007 for local government of provinces and designated cities to ensure that the national line of 1.8 billion mu of arable land won't be crossed.
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