Responsibilities of the Forest Public Security Bureau of the State Forestry Administration (National Forest Defense Office):
1, guiding forest public security work, organizing the formulation of forest public security policies, regulations and systems and supervising their implementation.
2. Manage the forest public security team, undertake the establishment of forest public security institutions, the allocation of police force, the examination and approval of police ranks, the co-management of leading cadres, recognition and reward, education, training and preferential treatment, centrally manage Nanjing Forest Police College, and co-manage Changchun Forest Public Security Training Center.
3. Guide the police supervision work of forest public security system, supervise the major cases of violation of law and discipline by the police of forest public security organs, and guide the propaganda and theoretical research work of forest public security organs.
4. Coordinate and supervise the investigation of major forest cases, organize unified actions, special struggles and special treatments, and crack down on illegal and criminal activities that destroy forests and wildlife resources.
5, to guide the management of social security in forest areas, to guide the drug control work in forest areas, and to guide the administrative law enforcement work and administrative legal system construction of forest public security system. ?
6, guide the construction of forest public security system equipment, guide the construction of forest public security infrastructure, formulate forest public security development and construction planning and organize their implementation.
7 responsible for contacting the member units of the headquarters, and implementing the decisions and arrangements of the State Council and the National Forest Fire Prevention Command. Responsible for checking the implementation of forest fire prevention policies, regulations and major measures in various regions and departments, and coordinating and solving problems in forest fire prevention.
8, responsible for mastering the national forest fire prevention situation, release forest fire and fire information, organize forest fire prevention propaganda work. ?
9, organize, coordinate, guide and supervise the national forest fire prevention and control work. Organize the formulation of policies, regulations and systems for forest fire prevention, and supervise their implementation; Organize the formulation and implementation of forest fire prevention development strategy and medium-and long-term planning; Organize, guide and coordinate the fire prevention work of the Armed Police Forest Forces and professional forest fire prevention teams; Guide the construction of forest fire prevention infrastructure; Supervise and inspect the use of special funds.
10, coordinate and guide the fire fighting and rescue work of serious forest fires. Organize the formulation and implementation of the national emergency plan for serious forest fires; The Office of the National Forest Fire Prevention Command shall formulate and implement the emergency plan for serious forest fires; Guide the preparation and exercise of forest fire emergency plans in various places; Undertake the implementation of forest fire prevention agreements with neighboring countries and guide the opening of border fire prevention isolation zones; Be responsible for the management and deployment of national fire-fighting material reserves. ?
1 1, urge all localities to investigate and deal with important forest fire cases, organize and implement forest fire prevention supervision, and guide forest fire prevention administrative law enforcement. ?
12. Guide and coordinate aviation forest protection work, and centrally manage Northeast Aviation Forest Protection Center and Southwest Aviation Forest Protection Station. ?
13. Guide the construction of national forest fire prevention science and technology, organize scientific research on forest fire prevention and formulation of technical standards, and organize and coordinate the emergency communication support for major forest fires. ?
14, responsible for the daily work of the national forest fire prevention headquarters and leading the forest fire prevention early warning and monitoring information center. ?
15. To undertake other tasks assigned by the State Forestry Administration and the Ministry of Public Security.
Extended data:
First, the status quo of forest public security system
1984 In May, with the approval of the State Council, the Public Security Bureau was established in the Ministry of Forestry, which was incorporated into the sequence of the Ministry of Public Security and accepted the dual leadership of the Ministry of Forestry and the Ministry of Public Security. The management system of "compartmentalization combined with compartmentalization first" shall be implemented. Forest public security, as the functional organization of forestry department and the dispatched agency of public security organs, is mainly managed by forestry department and receives the professional guidance of public security department. Adjustment of administrative establishment of forestry department. It can be seen that the dual management system is the product of the planned economy era and is compatible with the political and economic system at that time. In the era of planned economy, the system is small and complete, and it is big and complete, and there is no distinction between government and enterprise and political affairs. It is a true portrayal that departments run the society, and each department has formed a "small but comprehensive" small society and system. For example, before the railway and system reform, the civil aviation and forestry departments were a system, including administrative, business and enterprise functions. They have judicial organs, schools, enterprises and public security departments, and undertake logistical support for employees' study, employment and retirement. Under this system, the situation that the department office is safe and the public security is subordinate to the department is formed. With the development of market economy and the deepening of political and economic system reform, the planned economy system gradually disintegrated, and the disadvantages of the traditional system of separating government from enterprises gradually emerged. Because the professional authorities have mastered the personnel rights and financial rights of the professional judicial organs, the judicial organs exercising state public power can easily become tools to protect the interests of the departments, so that the national judicial power is divided by departments, and the impartiality and independence of the judiciary are difficult to guarantee.
Second, it is difficult to reform the forest public security system.
1, subject to departmental intervention, the independence and impartiality of forest public security are difficult to reflect.
As a professional policeman, the forest police are mainly responsible for investigating and dealing with criminal cases, forest fires and forestry administrative cases that destroy forest and wildlife resources under the authorization of the State Forestry Administration and the Ministry of Public Security, in accordance with the criminal law, criminal procedure law, forest law and other laws and regulations. Because forest public security is different from other ordinary administrative law enforcement organs, its identity is the people's police, and it must have greater coercive power and law enforcement authority than other administrative law enforcement organs, so it has played an irreplaceable role in combating the destruction of forest resources and wildlife resources. However, the forest police are in the hands of the forestry authorities to crack down on the destruction of forests and wildlife resources, vividly saying that their own knives can't cut their own handles. Because the forest public security is under the jurisdiction of administrative and criminal cases of forest and wildlife which are inextricably linked with the competent forestry authorities, the main target is criminals outside the forestry system. The forestry system itself is a department integrating government with enterprise, and it is not only a referee (its subordinate forestry bureaus and institutions, such as resource management centers, checkpoints, forest police, etc., are responsible for the planning and design of forest resources, timber transportation inspection and cracking down on illegal crimes, etc. ) and an athlete (its subordinate forestry undertakings and enterprises, such as forest farms and the General Administration of Forest Industry, are bound to pursue the maximization of economic benefits). If there are things that destroy forest resources and wildlife resources within the forestry system, or criminals have interests with the competent forestry authorities, it is difficult for forest public security to play its functional role. Because the competent forestry department has mastered the financial power and personnel power of forest public security, forest public security is only a unit under the competent forestry department. Gong Liu Forest Farm in Xinjiang and Taining County in Fujian are both such cases. In 2006, "Focus Interview" broadcast the illegal and criminal facts of illegal felling of tropical rain forest in Jiangcheng County, Yunnan Province, and the sale of natural secondary forest in Dongsheng State-owned Forest Farm by tieli city Forestry Bureau of Heilongjiang Province as barren hills and wasteland to build tombs. Because of the background of the competent department or the interest relationship with the competent department, forest public security is difficult to do.
Because the current dual management system determines that forest public security serves the interests of the forestry department, when the two conflict, the independence and impartiality of the judiciary must obey the interests of the forestry department. According to the provisions of Article 20 of the Forest Law, the forest police are not units authorized by laws and regulations, but independently enforce the law according to the authorization of or in the name of the competent forestry authorities, and are under the jurisdiction of the competent forestry authorities. Although the investigation of criminal cases is the responsibility of the public security department, the competent forestry department can intervene through the personnel and financial rights in its hands. In this case, to achieve independent and fair law enforcement, we can only rely on the personal responsibility and ideological consciousness of the forest police to break the shackles of departmental interests on the forest police. However, under the current system, the cost and price are too high, and the forest police can only choose silence or even escort.
2. It is difficult to make rational use of police resources and establish a good image and authority of forest public security team.
According to the relevant regulations of the Ministry of Public Security, police cars must be used for police affairs, police management and police driving, and people's police are not allowed to engage in non-police activities. However, in the forest police, the reality is that the competent forestry authorities often use the identity of the forest police to apply for a police car license, and then the competent forestry authorities drive their own cars, while the forest police themselves lack corresponding means of transportation to handle cases, and some have to go to the competent forestry authorities for approval before they can use cars, resulting in the strange phenomenon that the competent forestry authorities drive luxury police cars, and the forest police carry out police activities to drive civilian cars or even have no cars. Because of the special status of forest public security, it has the coercive power that ordinary administrative law enforcement personnel do not have, and the competent forestry authorities can call the police force at will to engage in non-police activities unrelated to the people's police, which seriously damages the image and authority of the public security team. For example, the director of a county forestry bureau in Yunnan (a non-police officer) drove a police car to Kunming to engage in non-police activities, and was twice seized by the police inspector of the Yunnan Provincial Public Security Bureau. The forest police station set up in a forest farm in the Central Plains has no police car, but the car bought by the forest farm has a police car license; Since the beginning of the natural forest protection project, the forest farm has developed tourism. All the people in the police station have been arranged by the forest farm. Some of them go out for tourism promotion, some engage in scenic spot construction, some engage in scenic spot ticket checking, guarding the door, etc., but their duties of cracking down on the destruction of forests and wildlife resources cannot be effectively fulfilled. This situation exists to varying degrees throughout the country. Because it is not directly under the jurisdiction of the public security organs, the police inspectors of the public security departments cannot implement it, and even if they are caught, they can only deal with forest public security.
3. It is difficult for laymen to lead the forest police, and it is also difficult to regularize the forest police team.
At the 20th public meeting, it was put forward that the key to promote the regularization of public security forces is to realize "four unifications and five norms" (unified examination system, unified training standards, unified discipline requirements, unified appearance identification, standardized organizational setup, standardized job sequence, standardized staffing management, standardized law enforcement duty and standardized behavior). Under the dual management system, the competent forestry authorities do not have the conditions and experience to manage the public security team. It is only managed according to the management mode of the forestry department, and the local public security organs have no corresponding rights and no sense of responsibility for management. In the case of poor management at both ends, the regularization construction of forest public security is seriously lagging behind and has become a "miscellaneous army" in the public security system. Judging from the standard of "four unifications and five norms", it is difficult to implement and execute forest public security, especially in the following aspects:
First, the unified examination system is difficult to implement. The unified examination system is to continue to adhere to the principle of "everything must be tested" and further improve the provincial unified examination system. Because the local public security has already solved the special preparation of politics and law, the personnel are recruited by high-quality civil servants. However, the forest police can only be transferred from within the forestry system before the the State Council Document No.42, and their quality is generally low. Leaders of forestry authorities often use their power to stuff nepotism people into forest police, which leads to inbreeding and lack of vitality and motivation. In the provinces and cities that solved the special compilation of politics and law earlier, such as Guangdong Province, even when recruiting civil servants, the competent forestry authorities often use personnel rights to do everything possible to influence the civil service examination.
Second, it is difficult to implement uniform training standards. According to the "Regulations on People's Police Training in Public Security Organs", the system of "three compulsory trainings" is fully implemented, including compulsory training for police officers on duty and for the first time, compulsory training for job promotion and police rank promotion, and annual compulsory training for grassroots and frontline police officers in actual combat. Due to the imperfect security system and the lack of corresponding infrastructure and resources, the forest police have to rely on the strength of local public security organs for their posts and initial training, except for the promotion of police rank to Nanjing Forest Police College for training, while the actual training of grassroots and frontline police is seriously lacking. Since 2004, the Ministry of Public Security has asked public security organs all over the country to carry out large-scale training activities, which has effectively improved the team image, combat effectiveness and mental outlook of the people's police. The forest police are in an awkward position, because it is difficult to carry out large-scale training only by the strength and resources of the forest police, and the forestry authorities are amateurs. Therefore, in the large-scale training activities, the forest police are either integrated into the local police force for unified implementation, or they are tinkering around the edges, and some of them are even superficial and perfunctory.
Third, it is difficult to implement the requirements of unified discipline. In recent years, laws and regulations such as the People's Police Law and the Internal Affairs Regulations of the People's Police of Public Security Organs have been promulgated one after another. In 2003, the Ministry of Public Security issued five bans, and the "Regulations on Disciplinary Actions of People's Police in Public Security Organs" will soon be promulgated and implemented, and all public security police must strictly implement it. However, forest public security should be supervised and investigated by the discipline inspection department of the forestry party group (party Committee) under the leadership of the competent forestry department. However, forest police are also people's police. As people's police violate various rules and regulations, they must accept the supervision and investigation of the discipline inspection and supervision departments of public security organs. The two discipline inspection and supervision departments are either cross-managed or left unattended. However, under the leadership of the forestry authorities, the abuse of police resources occurs from time to time, and the discipline inspection department of the forestry department cannot supervise this phenomenon, nor can the discipline inspection department of the public security department.
Fourth, it is difficult to implement the implementation norms for institutional setup. Compared with the simple organization and leadership relationship of local public security, forest public security has dual leadership, and the regulations of superior forest public security lead to various institutional settings. In terms of names, in addition to forest police, there are also forest police and forest police. In terms of institutions, some are called ×× Public Security Bureau, some are called ×× Forest Branch of Public Security Bureau, some are called ×× Forest Public Security (Forestry Police) Branch, some are called ×× Forest Public Security Brigade (detachment), and some are internal departments. There are also various internal institutions, which are small and comprehensive, institutionalized and bureaucratic, and lack of practical unified and standardized settings.
Fifth, it is difficult to implement standardized implementation management. Before the State Council Document No.42 was issued, it was impossible to standardize the establishment and management of forest police, because there were staff in enterprises, institutions and administrative organs. It has been more than two years since the State Council Document No.42 was issued, but it has not been implemented in many parts of the country. The serious lag in the regularization of forest public security stems from the fact that the competent forestry department is only a professional environmental resources management department, and its functions and attributes are essentially different from those of public security organs. However, under the condition that the local public security organs are negligent in management, it is difficult to implement it only by the strength of forest public security itself.
4. Protected by the interests of departments, the identity of forest police is separated from the subject of administrative law enforcement.
In other words, the subject of forest public security administrative law enforcement is difficult to embody. According to the relevant provisions of the Forest Law and the Regulations on the Implementation of the Forest Law, the competent forestry authorities at or above the county level exercise the power of forestry administrative punishment, which is the only subject of forestry administrative punishment. For the investigation and handling of administrative cases stipulated in Articles 39, 42, 43 and 44 of the Forest Law, forest public security, as an internal organization of the competent forestry department, is neither an authorized organization stipulated in the Administrative Punishment Law nor an entrusted organization, but a specialized organization authorized by the department according to law. For the investigation of other cases, forest public security belongs to the internal organs of the competent forestry department. According to the provisions of the Administrative Punishment Law, the internal organs of administrative organs cannot make punishment decisions in their own names. Without the independent power of administrative punishment, it is difficult to identify the subject of law enforcement, and the legitimate rights and interests of police and policing activities cannot be effectively guaranteed. When the forest police independently impose administrative punishment in its own name, it should be regarded as the people's police, and should be able to enjoy the corresponding legitimate rights and interests and police protection according to the provisions of the People's Police Law and the Regulations on the Use of Police Equipment and Weapons by the People's Police. For example, in the case of violent resistance to the law and serious obstruction to the execution of official duties, in order to complete the tasks entrusted by laws and regulations, police equipment and even weapons can be used to protect the personal rights and interests of the police. When administrative punishment is made in the name of being subordinate to the competent forestry department, the forest public security organ is not an independent subject of administrative punishment, but an ordinary administrative law enforcement officer of the competent forestry department, and no longer enjoys the legitimate rights and interests and police protection given by laws and regulations to the people's police. However, according to the regulations of the State Forestry Administration, no matter what kind of administrative cases the forest police perform, their identity is forestry administrative law enforcement personnel. Even for investigating and handling authorized cases, according to the provisions of Article 3 of the authorization order of the State Forestry Administration, it is necessary to hold a forestry administrative law enforcement certificate issued by the State Forestry Administration, indicating that the identity of the forest public security police in investigating and handling forestry administrative cases is forestry administrative law enforcement personnel, not the people's police. Wearing the police uniform of the people's police to investigate and deal with forestry administrative cases is an ordinary administrative law enforcement officer. All laws and regulations concerning police rights cannot be applied to forestry administrative cases, which greatly weakens the protection of the legitimate rights and interests of the police. There is no similar situation in other police types, such as railway police, anti-smuggling police and civil aviation police. They are directly authorized by the railway law, customs law, civil aviation law and other laws, and then directly exercise the power of administrative punishment and criminal investigation according to the jurisdiction. There is no vague and complicated identity and subject. The reason why the subject of administrative law enforcement is vague and complicated lies in the protection of departmental interests. In order to ensure its status as the sole subject of forestry administrative law enforcement, the competent forestry authorities should not only manage forest public security but also make it play its role. Article 20 of the Forest Law was designed in legislation, which triggered a discussion and controversy on the identity and subject of forest public security exercising administrative punishment power.
References:
China Forestry Network-Forest Public Security Bureau of State Forestry Administration-Institutional Functions