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Farmers are dealing with the land. Many peasants often encounter the investigation and handling of illegal natural resources such as illegal occupation of land, some of which are not accepted, investigated, or enforced for a long time for reports of illegal land use, and some of them are involved in cases of illegal land use, and their rights and interests are not protected.
As for the investigation and handling of illegal land use and other illegal land use of natural resources, of course, it is not that any department can investigate it if it wants to, or that it will not investigate if it wants to, nor can it be investigated whenever it wants, and it can be investigated for as long as it wants. As for the time limit for filing and investigating, there are very strict and clear requirements for laws, regulations and policies such as the Administrative Punishment Law and the Working Procedures for Filing and Investigation of Illegal Acts of Natural Resources.
(1) The case must be filed within 10 working days. The "Working Rules for the Investigation and Handling of Illegal Acts of Natural Resources" clearly states that after discovering clues of violations, the natural resources department with jurisdiction shall send verification personnel to verify them in a timely manner, and after verification, put forward a recommendation on whether to file a case or not to file a case according to whether the conditions for filing a case are met, and at the same time fill in the "Case Filing (Non-Filing) Approval Form" and submit it to the person in charge for approval. If the conditions for filing a case are met, "the competent department of natural resources shall file the case within 10 working days". This provision clarifies the time limit for approving the filing of cases, and cases of illegal occupation of natural resources such as illegal occupation of land will no longer pass the buck to each other and delay investigation for a long time.
(2) Statements and defenses may be submitted within 5 working days after notification. Cases of administrative violations such as illegal land use are led by relevant departments in the investigation, evidence collection, and identification, and the parties are always in a passive state. What should I do if the investigation is not in place and the determination is not accurate? The Procedures for the Investigation and Punishment of Cases of Illegal Acts of Natural Resources clearly state that before an administrative penalty is imposed, the competent department of natural resources shall prepare an Administrative Penalty Notice and serve it on the parties, and the parties have the right to make statements and defenses. Statements and defenses shall be submitted by the parties within 5 working days of receiving the notice. This is also to prevent the administrative punishment organs from unilaterally making erroneous punishment decisions without meticulous investigation and disregard of the facts. If there is a relevant administrative penalty case, this right must be used well within the specified time limit.
(3) A penalty decision shall be made within 90 days. If the cases cannot be investigated and dealt with in a timely manner, the illegal land use is not corrected, and the illegal acts are not punished and punished, it will affect social fairness and affect the protection of natural resources such as cultivated land.
What should I do if the case has not been resolved for a long time? Is there a time limit for filing a case for investigation and punishment? The "Working Procedures for the Filing and Investigation of Illegal Acts of Natural Resources" clearly states that the time limit for making an administrative penalty decision is 90 days from the date of filing the case, and it can be extended by 30 days if the case is complicated. With this clear provision, law enforcement departments cannot afford to leave a case unresolved for a long time.
(4) Apply to the people's court for compulsory enforcement within 3 months. The Administrative Punishment Law clarifies that if a party does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and fails to perform the administrative penalty decision, the competent department of natural resources may apply to the people's court for compulsory enforcement within three months from the date of expiration of the time limit.
However, for the administrative penalty of ordering demolition within a time limit in the case of land violations, the time limit for applying to the court for compulsory enforcement is no longer 3 months. The Land Management Law stipulates that if a construction unit or individual refuses to accept the administrative penalty of ordering demolition within a time limit, it may file a lawsuit with the people's court within 15 days from the date of receipt of the decision to order demolition within a time limit; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision is to apply to the people's court for compulsory enforcement in accordance with law.
(5) Apply for administrative reconsideration within 60 days and apply for administrative litigation within 6 months. In the previous article, it is mentioned that if you do not apply for administrative reconsideration or file an administrative lawsuit within the "statutory time limit", how long is the "statutory time limit"? The answer to this is in the Administrative Reconsideration Law and the Administrative Litigation Law. The Administrative Reconsideration Law stipulates: "If a citizen, legal person or other organization believes that an administrative act infringes upon its legitimate rights and interests, it may file an application for administrative reconsideration within 60 days from the date on which it knows or should know about the administrative act; However, there is no case where the application period prescribed by law exceeds 60 days. The Administrative Litigation Law stipulates that: "Where a citizen, legal person or other organization directly initiates a lawsuit with the people's court, it shall do so within six months from the date on which it knew or should have known that the administrative act had been taken." Except as otherwise provided by law. In other words, the time limit for initiating administrative reconsideration is 60 days, and the time limit for initiating an administrative lawsuit is 6 months.