After forcibly occupying farmland to build shrimp ponds and being ordered to rectify, his shrimp farming business became bigger and bigger

Source: Website of the Central Commission for Discipline Inspection and the State Supervision Commission

01 Case

In April 2019, the Discipline Inspection Commission of Xiuyu District, Putian City, Fujian Province, received a report letter from a villager in Houwen Village, Daitou Town: "My farmland was dug up by Lin Moushunqiang to build a shrimp pond, and I have already reflected this to the town Land and Resources Institute, but the staff of the institute has been slow to supervise the re-cultivation of farmland." ”

After investigation, Pan Moucheng, a cadre of the Land and Resources Institute of Daitou Town of the Natural Resources Bureau of Xiuyu District, and Ke Mou, the person in charge of the institute, neglected to pay attention to the problem of Lin Moushun's illegal occupation of land, and performed their duties ineffectively in the process of investigating and handling illegal land use. In March 2020, Ke was severely warned and demoted from the party for neglecting Tony's illegal occupation of land and other disciplinary violations. In June 2020, Pan Moucheng was punished with a warning from within the party.

02 Say ji

"In 2016, we rented land with us, we didn't want to rent it hard, you see what kind of waste our fields have become, there are salt spots everywhere, how to plant crops?"

"We have reported to our superiors several times, but people still raise shrimp, and we don't see anyone from above coming down to supervise rectification."

……

When the investigation team visited the sixth group of Houwen Village in Daitou Town to investigate, many villagers were indignant when they talked about the farmland being forcibly dug up to build shrimp ponds.

According to the positioning of farmland coordinates and the relevant departments, about 15 mu of farmland encroached upon as reflected in the report letter are all located in the basic farmland protection area, and the overall land use plan is a restricted construction area.

After grasping the basic situation, the investigation team found the village cadres and the leaders of the six groups of villagers and other relevant personnel for further verification, and the ins and outs of the matter gradually became clear.

It turned out that in September 2017, Lin Moushun disregarded the objections of the villagers and transformed about 15 mu of farmland of more than 70 villagers in the group into shrimp ponds without authorization. The transformation of farmland into shrimp ponds, the field must be dug about one meter deep, and then irrigated into the seawater, the salinity of the land becomes high, and the basic farmland will be seriously damaged.

In December 2018, disgruntled villagers complained to the town's Land and Resources Office. In the same month, the Municipal Bureau of Land and Resources issued a notice to Lin Moushun ordering him to correct the illegal behavior, ordering him to restore the original state of the land within seven days.

However, after a period of time, the villagers were surprised to find that not only did the land not resume farming, but Lin Moushun's shrimp farming business became bigger and bigger.

"Illegally occupying farmland to build shrimp ponds, after being ordered to rectify, they still go their own way, is there a problem of inaction by the relevant functional departments?" The investigation team immediately interviewed Pan Moucheng, a cadre of the Land and Resources Institute in Daitou Town.

"Lin Moushun's shrimp pond was built in 2017, why didn't you find out about his illegal land use until December 2018, when you received reports from the public?"

"Lin Moushun's breeding pond is relatively remote, and our inspection route of the land use situation in the jurisdiction is generally carried out along the main road, so it has not been found." Pan Moucheng pushed back.

"Then why, after the notice of rectification was issued, did not supervise the rectification in place?"

"There are usually many businesses in the institute, and the measures are limited, and Lin Moushun's site location is too remote, and the boundaries are relatively blurred", Pan Moucheng gradually lowered his head, "After the deadline for ordering rectification arrived, I actually went to Lin Moushun's shrimp pond, and after reporting his lack of rectification to the leader, I did not follow up and supervise ..."

In August 2019, under the supervision of the Discipline Inspection Commission of Xiuyu District, the relevant functional departments organized appraisal experts to conduct on-site survey and appraisal of the degree of damage of the plot suspected of being damaged by Lin Moushun, and the appraisal conclusion was that "the degree of damage to the plot was relatively mild and did not meet the standards for constituting crimes". In October, the District Natural Resources Bureau issued an Administrative Punishment Decision, ordering Lin Moushun to demolish the buildings on the illegal land, restore the original state of the land, and impose a fine of 59,686 yuan.

Farmland is the most basic guarantee for peasants' livelihood; Pan Moucheng and Ke Moucheng, as cadres and responsible persons of the Institute of Land and Resources, failed to take the initiative to take action; in the process of investigating and handling illegal land use, they failed to inspect and stop, track and supervise ineffectively, and dereliction of duty and dereliction of duty in their work, resulting in the villagers' failure to rectify and recultivate the farmland that was illegally occupied and destroyed, infringing on the interests of the masses, and their behavior has violated party discipline and state law.

Paragraph 1 of Article 121 of the "Regulations on Disciplinary Punishment of the Communist Party of China" stipulates that where there is irresponsibility or neglect of management in work, and the implementation, inspection and supervision of the implementation of the decision-making and deployment of the higher level is ineffective, causing relatively large losses to the interests of the Party, the state, and the people, as well as public property, a warning or a serious warning is given to those directly responsible and the leader; where major losses are caused, they are to be dismissed from their posts within the Party, placed on probation in the Party, or expelled from the Party. In March 2020, Ke received a severe warning from the party and a punishment of demoting the post level; in June, Pan Moucheng was punished with a warning from within the party.

Article 84 of the Land Administration Law of the People's Republic of China stipulates that where the staff of the competent departments for natural resources and the competent departments for agriculture and rural areas neglect their duties, abuse their powers, or engage in favoritism, which constitutes a crime, they shall be investigated for criminal responsibility in accordance with law;

The Xiuyu District Discipline Inspection Commission Supervision Commission strictly investigated and quickly handled the case, which not only punished the cadres who did not take responsibility and did not act, but also formed a strong deterrent throughout the region, but also promptly urged the relevant functional departments to implement rectification and reform, responded to the expectations of the masses in a timely manner, and enhanced the sense of gain of the masses. (Central Commission for Discipline Inspection, State Supervision Commission website, Wu Yuxuan)