Yuanping criminal lawyer

From 2003 to 2005, Yuanping Vocational School illegally transferred the allocated state-owned land used by Yuanping Vocational School as an internship base to the National Fine Arts School, Xingye Middle School and other units and individuals to build school buildings and houses, with a total area of about 0.72 hectares. According to Article 72 of the Land Administration Law of the People's Republic of China: "If land is sold or illegally transferred by other means, the illegal income shall be confiscated by the land administrative department of the people's government at or above the county level; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. " Article 3 of the Interim Measures for Administrative Punishment in Violation of Land Management Regulations issued by the Ministry of Supervision and the Ministry of Land and Resources stipulates that if a unit buys, sells or illegally transfers land in other forms, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions respectively according to the following provisions: buying, selling or illegally transferring basic farmland of more than 0.2 hectares (3 mu) but less than 0.33 hectares (5 mu) or other land of 0.67 hectares (18).

From April 2003 to June 2005, Gong was the deputy director of Yuanping Education Bureau, in charge of vocational schools. Should he, as the director in charge, be responsible for illegal land transfer? Liang Junru of Yuanping Municipal Bureau of Land and Resources

A: Whether Gong Mou, deputy director of Yuanping Education Bureau, should bear the administrative responsibility of illegally transferring allocated land should consider the following three factors: First, whether the transfer of land by Yuanping Vocational School is related to Gong Mou. Second, whether land transferees such as National Art School and Xingye Middle School are units of this education system. Third, who instructed the transfer of land (building) to private individuals.

Judging from the legislative interpretation of Article 73 of the Land and Land Management Law of People's Republic of China (PRC), the persons who bear administrative responsibility for illegal land transfer and allocation are limited to the directly responsible person in charge and other directly responsible personnel of the unit, and do not involve higher authorities and leaders. However, whether the illegal transfer of land allocated by the former Pingvocational school has been approved by Gong Mou, deputy director of the Municipal Education Bureau, needs specific analysis: according to the administrative subordination relationship between the former Pingvocational school and the Municipal Education Bureau and the provisions of Article 39 of the People's Republic of China (PRC) Real Estate Management Law, the transfer of allocated land and real estate should be reported to the people's government with the right to examine and approve, and the Municipal Education Bureau has the right to allocate land to schools under its jurisdiction according to the construction plan of the municipal education system, the actual educational development and the land use situation. When the transferee of land such as National Fine Arts School and Xingye Middle School is a private person, the transfer and adjustment of land to the outside world must also be reported to the state-owned assets management department of the government at the same level for approval.

Therefore, if Gong's approval is issued in the name of the Municipal Education Bureau, Gong himself will not bear any responsibility. If Yuanping Vocational School fails to report to the local land management department for examination and registration according to the approval document of the Municipal Education Bureau, it shall bear the legal responsibilities stipulated in Articles 37, 39, 50 and 69 of the Detailed Rules for Land Registration. When Gong's approval is a personal act, Gong should share the legal responsibilities stipulated in Article 2, paragraph 3 and Article 73 of the Land Management Law of the People's Republic of China with the leaders directly responsible for Yuanping Vocational School.

Shaanxi Yongjiaxin lawyer office Bai Xinya