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The author:(作者)aaapublished in(发表于) 2014/7/19 8:31:11 Lüliang， Shanxi agricultural land becomes Han villagers repeatedly unsuccessful negotiations
Speaking of luliang, MA feng, people will naturally think of the famous writer's novel creation of heroes, the book describes the anti-Japanese heroes tirelessly fighting for the country and of her story and enables us always admired and remembered them. Incredible is that after more than 70 years, is happening on this land and some things shouldn't happen, and then filled with revolutionary fervor and anti-Japanese heroes selflessness contrasts.
Agricultural land turned into stone materials factory
Call protection
In 1994, locals von milk by attending the auction achieved lishi district of luliang city red-eye chuan Xiang 1200 acres of agricultural land use rights. In January 1995, Lishi County people's Government awarded to von dairy and agricultural land use permits. Use certificate indicating: 1200 acres of land cultivated 700 acres, respectively, 6 acres of forest land and unused land 494 acres.
In 2004, the Bureau of land resources in luliang city in land von milk believe it or not, people familiar with the case, approval of mining right in their contracted land Li Rubao established village, lishi district of luliang city Han, and mining permits were issued. License mark: the mining of mineral species is limestone; mining open pit mining, mining area of 0.0053 km2 (7.95 acres).
According to von milk it reflected to reporters, Li Rubao received mining licenses, the land mined stone's 10 years old, actual mining area of 67 acres, plus stacking areas, gravel areas, mining areas and Office areas, covering about 100 acres, well beyond the limits set by the mining permit. Milk letter Feng believes that Yi Cun Han's actions caused a lot of grass and woodland had been destroyed, had seriously affected his use of the land plot. For, he had repeatedly and meaning home village stone factory negotiations, and number times to lüliang city land resources Council, and lishi district land resources Council, and lüliang city land law enforcement monitored Brigade requests land management sector perform statutory duties, stop mining right people of tort violations and held its illegal responsibility, von milk letter also requirements corrected land sector violations approved opened meaning home village stone factory of administrative license, but above sector has been perfunctory, and negative meet. Milk letter noted that FUNG, luliang land and resource management in relation to approval when the village Han, did not review the project's environmental impact assessment report, did not change the nature of the land in accordance with law.
Von milk letter received reports of lüliang city, to interview with this reporter.
EIA report on without a trace
Giant Mountain was split
Reporters came to the village, lishi district Han, scenes of shocking: a large area of mountains were hacked off, trees were dug in the mountains, grasslands had been captured, and down the mountain side of the road is full of stone, on the other side is a powerhouse, machines roaring, dust, destruction of natural eco-environment.
Reporters from the production site to luliang City Bureau of land and resources, see the Qin, Director of the Office of the Council. Journalists want to see Yi Cun Han's EIA report, Qin said 2004 approving quarry, the Director, the State from this requirement and therefore no EIA report, environmental damage, Qin, Director, Bureau of land and resources in luliang have charged a mining reclamation security deposit paid by the people, if you cannot restore the environment in mining, the Government will be responsible for reclamation.
Journalists to retrieve information, was launched in February 1998 of China are based on "exploitation of mineral resources management practices" provisions of the environmental impact assessment report has been the mining rights to the applicant necessary information to be submitted to the registration authority. Furthermore, on October 28, 2002, adopted by the national people's Congress on September 1, 2003, implementation of the People's Republic of China provisions more explicitly in article III of the environmental assessment Act, the construction project environmental impact assessment must be carried out. Yi Cun Han is in luliang city councils in December 2004 approved the construction of land and resources, EIA law has been implemented for more than a year. In view of this, said Qin, Director of "the country has not requested that the EIA report" does not reflect reality. On the premise of no EIA report, Bureau of land and resources in luliang city approval to operate quarries, in clear violation of the law, and so obviously illegal and should never be the Government has no intention to do.
In addition, Yi Cun Han of reclamation security deposit paid according to what standard is it? Qin Director were not disclosed. If Government is charged in accordance with mining licenses permit the exploitation of mining area reclamation of Yi Cun Han margin, enough to restore the environment in the future costs? Is taxpayer money for private employers and Government "to pay"!
Agricultural land "denatured" suspected of ultra vires
"Geology and mineral separation" dispute
Belongs to national standard, and has legal effectiveness of 2002 years "national land classification standard (pilot)" in the, "mining, and quarrying, and mining sand field, and Yantian, and brick kiln, ground production with to and the tailings stacked to" was included construction with to class, and China land method 44th article clear provides, construction occupy to, involving agricultural to to construction with to of, should handle agricultural to switched to approval procedures. Approval permissions for this procedure since it, autonomous regions, and municipalities, local governments have no right to approve. Reporter Jian Yi Cun Han construction land in the agricultural land has been changed to question to the Qin, Director of verification, Director Qin told reporters that the lüliang, Shanxi province, most of the mines were failing to convert agricultural land into land for construction purposes, without going through the complete the transfer procedure. He told reporters that he has repeatedly mentioned this issue to their superiors. This is caused by existing laws lags, "we can't help it. "The reporter did not find relevant data support Qin, Director of it, but I can confirm that, in the present dispute, the land without approval from the Shanxi provincial government, change of land use has been used to build village Han, luliang City Bureau of land and resources for their issuance of mining permits. Such an approach smacks of approval has acted ultra vires.
The plot instead of by the conversion of agricultural land for construction, and even land nor did Li Rubao, why municipal Bureau of land and resources in luliang will authorize construction of he Yi Cun Han? Qin Director called comrade in luliang City Bureau of land and resources management division is responsible for answering this question.
Management Branch Chief, he said: "under the provisions of article III of the mining law, China has adopted the ' mineral separation ' principle, regardless of who is, we have the right to auction the underground minerals. Yi Cun Han is Li Rubao auctioning mining rights people. ”
According to reporter master the knowledge of law, mineral resources law of China as set out in the "geology and mineral separation" principle, refers to "the surface or underground mineral resources in State ownership, not because of its dependence of change ownership or use right of the land", that is, under normal circumstances, access to mining rights not to acquire the land as a precondition.
Reporter understanding to, mineral resources method legislation Shi established "mineral separation" principles of guideline, is to promoting relates to livelihood of important natural resources--underground mineral of reasonable exploitation, and to full protection mining right people law made of mining right, but the method does not authorized place land competent sector in not considered land owner or using who interests of situation Xia, no Temperance to auction mineral and construction plant. In contrast, the People's Republic of China implementing rules of the mineral resources law explicitly designated in the 13th and 14th, an application for private mining mining enterprise or individual must have one of the conditions was approved without dispute to the mining areas. The legislation indicates that, when the Government department concerned approval of mining rights in rights disputes needs to consider whether its mining area. Because, if the mining licenses in disputed land, bound to be disputes over rights and interests, is not conducive to construction of mine production, is not conducive to social harmony and stability, and this is certainly something the Administration wants to see.
In fact, in recent years, how to deal with the relation between mining rights and land tenure have aroused much public attention. The authors claim to common mineral resources (such as sand and gravel, clay, kaolin, limestone, building materials and minerals), does not provide a person with priority exploration right and mining right, but by the mineral exploration rights and mining rights and land owners or the right to negotiate collectively, reached a compensation agreement before the drilling. Opencast mining in Shanxi province, started on February 1, 2013 seventh article of interim measures for the management of temporary land (temporary land approval procedure) provides that: "(e) ... ... County land resources competent sector according to land inventory results and with to compensation standard, organization open-air mining enterprise and land right people signed open-air mining temporary with to agreement...... "despite the place regulations introduced Yu this up disputes zhihou, on this case no dating back and the force, but its legal can description," mineral separation "of principles achieved is to" no controversy "for conditions of.
"Four winds" is not stopped
People feeling guilty
Journalist von milk letter reflected Li Rubao beyond mining is not suppression and accountability issues, Qin, Director of the Office of land and resources in luliang City Council told reporters that enforcement and regulatory powers in lishi district Bureau of land and resources. Reporters were contacted by Qin Director after lishi district Bureau of land and resources, go to interviews.
Bureau of land resources in lishi district, reporters saw the Office Director Liu, when journalists to produce documents and when you explained the reason, Liu asked the reporter to the local information Office, information Office, accompanied by letters or come to an interview. In desperation, the journalist went and lishi district of luliang city information Office, met in charge explained the situation. Two level information office responsible said Bureau of land and resources in luliang demand there is no evidence, but in the end could not be interviewed in lishi City Bureau of land and resources.
According to von milk letter said, he had Liu required to handle Li Rubao beyond mining, but to no avail. Reporter from the land resources Bureau in lishi district interview experience can feel for masses of ordinary people and the finger-pointing among local government officials "bureaucratic" attitude.
Analysis on Civil and commercial law, CUPL Professor Xue Kepeng dispute that: lüliang as mineral and land resources Bureau of land and resources of regulators, in addition to misread "mineral separation" principles, there are still other breach of. First of all, in February 1998, after the implementation of measures for the management of the exploitation of mineral resources, without an environmental impact assessment report in the applicant's license under the conditions of its exploitation of stone and, secondly, the 47th article of administrative licensing law, the administrative licensing directly related to the vital interests of relationship between the applicant and others, will the executive authorities before making a decision on the administrative license, it shall inform the applicant and the interested parties have the right to request a hearing. Lüliang land sector knows open-air mining involves von milk letter of land contracting right, but is no perform told its held hearing of obligations; again, mining stone must to occupy land, change land agricultural nature, law should handle agricultural to turned construction with to procedures, but local land sector in applicants not handle change land nature approval of situation Xia, on allows the enterprise occupy large agricultural to; IV, meaning home stone factory was license mining area only 5300 square meters, While the actual limits of mining more than 35000 square meters has not been investigated, local country law enforcement misconduct. In short, the main root of the problem lies in the illegal administration of the Department of land and resources in luliang. To solve the land disputes, land sector violations must be corrected before, be investigated for legal liability of administrative staff.
First half of the year, former Vice Mayor of luliang City Mayor Ding Xuefeng and Zhang Zhongsheng surveyed respectively, while Zhang Zhongsheng, land and resources, is in charge of the management of mineral resources in the area of work, the bureaucratic ethos can be seen.
National School of administration, Mr. Wang yukai, Professor pointed out that, to solve the minerals high trend of corruption, in addition to further strengthen system construction and supervision, improve the administrative examination and approval procedures, the Chief institutional mechanisms such as public building to cut administrative configuration of mineral resources authority of local governments to improve market transparency, the introduction of public hearings, media monitoring and other mechanisms, resource allocation process under public scrutiny.
Turns out, anti-"four winds" and anti-corruption storm lüliang city, will also need to thoroughly scrape scrape.
The legal Bulletin newspaper reporter Lv Zheng
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