Who can provide the document "Opinions on Establishing a Cooperation Mechanism for Investigating and Handling Cases of Land and Resources Crimes" (Guo Yu Tuzifa [2008] 100)? Thank you.

Zhenyuan Yi, Hani and Lahu Autonomous County People's Government

On the issuance of "Zhenyuan Yi, Hani and Lahu Autonomous County"

Coordinate and investigate illegal and criminal cases of land and resources.

Notice of measures for the implementation of the mechanism

The people's governments of townships (towns), relevant departments and bureaus, and units directly under the county level:

The measures for the implementation of the coordination mechanism for investigating and handling illegal and criminal cases of land and resources in Zhenyuan Yi, Hani and Lahu Autonomous County are hereby printed and distributed to you, please implement them conscientiously.

February 25(th), 2008

Investigation and treatment of land resources in Zhenyuan Yi, Hani and Lahu Autonomous County.

Measures for the implementation of coordination mechanism for illegal and criminal cases

According to the requirements of the Notice on Establishing a Cooperation Mechanism for Investigating and Handling Land and Resources Crimes jointly issued by Yunnan Higher People's Court, Yunnan Provincial People's Procuratorate, Yunnan Provincial Public Security Department, Yunnan Provincial Supervision Department and Yunnan Provincial Department of Land and Resources, in order to further strengthen the investigation and handling of various land and resources crimes, timely communicate information, standardize case transfer, smoothly coordinate and solve practical problems in the work, and comprehensively implement the policies of the State Council, the provincial party committee and the provincial people's government on strengthening land management and standardizing the order of mineral resources development.

Article 1 The establishment of a coordination mechanism for investigating and handling illegal and criminal cases of land and resources is an important measure to crack down on illegal and criminal acts in a timely, accurate and powerful manner. The illegal and criminal acts of land and resources involve a wide range, the situation is complex and it is difficult to investigate and deal with them. Strengthening the coordination among people's courts, people's procuratorates, public security organs, supervisory organs and administrative departments of land and resources is conducive to the effective connection between administrative law enforcement and criminal law enforcement, unifying understanding, eliminating interference and improving the level and quality of handling cases.

Article 2 The administrative department of land and resources at the county level shall be the convener of the joint meeting, which shall be held once a year in June and 65438+February according to the principle of simplicity, efficiency and pragmatism. According to the proposal of the member units of the joint meeting, an interim meeting can also be held. The level and specification of the joint meeting shall be determined according to the complexity of the contents discussed at the meeting, and the department that convened or proposed to convene the temporary meeting shall be responsible for contacting and organizing. The organizer shall notify the member units in writing of the meeting time, place and agenda ten days before the joint meeting.

Article 3 The people's courts, people's procuratorates, public security organs, supervisory organs and land and resources management departments shall be equipped with 1 staff respectively as liaison officers. Responsible for coordinating the daily affairs of the mechanism and strengthening working contacts.

Liaison officers shall perform the following duties:

(a) according to the needs of work and the arrangement of unit leaders, strengthen communication and contact with liaison officers of other units.

(two) to be responsible for contacting the cooperation between this department and other departments, investigating and handling illegal and criminal cases of land and resources and transferring cases.

(three) specifically responsible for the information submitted.

(four) to investigate and deal with some difficult problems in the process of illegal and criminal cases of land and resources, and to consult other departments in a timely manner.

(five) responsible for organizing research and answering questions raised by other departments.

(six) to participate in the joint meeting.

Article 4 Each member unit shall, on the premise of observing the confidentiality provisions, regularly report to other member units the following matters handled at the corresponding level every month:

(1) The administrative department of land and resources shall inform other units at the same level of the acceptance and investigation of case clues.

(two) the administrative department of land and resources to other member units at the same level informed the investigation of illegal cases of land and resources and the transfer of suspected criminal cases.

(3) The public security organ shall inform other member units at the same level of the filing and closing of land and resources crime cases.

(four) the supervisory organ shall inform other member units at the same level of the investigation and handling of illegal cases of land and resources.

(5) The people's procuratorate will inform other member units at the same level of the filing (self-investigation), approval or decision of arrest and prosecution of land and resources crimes.

(six) the people's court informed other member units at the same level of the trial of land and resources crime cases and administrative litigation cases of land and resources, and examined and executed administrative non-litigation enforcement cases of land and resources.

(seven) to inform the departments of the newly promulgated and implemented laws, regulations, rules and judicial interpretations related to the investigation and punishment of land and resources crimes.

(eight) other matters that the member units think it necessary to report.

Article 5 The topics submitted to the joint meeting for discussion shall be divided into two categories, namely, substantive topics and suggestive topics. Substantive issues refer to major issues that need to be identified in the implementation of laws and regulations, law enforcement activities and specific application of laws; The suggestive topic is mainly to solve the outstanding problems that need to be coordinated, studied and solved in the reform work and law enforcement practice.

Article 6 Strengthen cooperation and actively carry out joint law enforcement.

(1) For cases of illegal crimes involving land and resources with complicated cases and significant impact, the land and resources, supervisory organs, public security organs and people's procuratorates may form a joint investigation team according to the needs of the case, and put the case on file for investigation and implementation according to their respective functions and powers.

(2) When investigating a case, the administrative department of land and resources thinks that it may be suspected of committing a crime, it may request the judicial organ to intervene in advance, or if the judicial organ finds that it may be suspected of committing a crime through the clues of the case notified, it may request to intervene in advance, and the administrative department of land and resources shall actively cooperate with and assist the judicial organ in making preparations for filing an investigation to prevent the loss of criminal evidence.

(three) the administrative departments of land and resources in the inspection, investigation and handling of cases, that may involve illegal crimes and maintain stability, it is really necessary to cooperate with the public security organs, the public security organs should actively cooperate.

Sixth standardize the transfer of cases, and comprehensively investigate and deal with illegal and criminal acts of land and resources.

(1) Where the administrative department of land and resources transfers a suspected criminal case to the public security organ, it shall be handled in accordance with the Provisions of the State Council Municipality on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs (Order No.310 of the State Council). The people's procuratorate shall supervise the transfer of cases.

(2) If the administrative department of land and resources thinks that the case transferred by the public security organ is not suitable for filing, it shall first fully consult with the public security organ and strive to reach an agreement. If no consensus can be reached, the people's procuratorate may put forward suggestions for filing supervision, and the procuratorial organ shall notify the administrative law enforcement organ of the examination results within 15 days.

The administrative law enforcement organ shall transfer the following materials to the procuratorial organ for examination:

1. Transfer of suspected criminal cases.

2. Investigation report on suspected criminal cases.

3. List of suspicious items.

4. Relevant inspection reports.

5. Other materials related to the suspected crime.

(3) If the people's procuratorate considers that the public security organ does not file a case for investigation after examination, or the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. After examination, the people's procuratorate believes that the reasons for the public security organ not to file a case are established, it shall notify the administrative department of land and resources in writing and return the relevant files.

(four) the administrative departments of land and resources to investigate and deal with illegal cases, found that the crime of corruption and bribery of state functionaries and the crime of dereliction of duty of state functionaries, with reference to the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs" transferred to the people's Procuratorate. If the people's procuratorate decides to file a case after examination, it shall notify the transfer unit in writing; If it decides not to file a case, it shall make a notice of not filing a case, stating the reasons and legal basis, and serve it on the transfer unit, and return the relevant materials. However, if the people's procuratorate thinks that there are problems and deficiencies in the management of the relevant competent departments, and it is necessary to formulate corresponding rectification measures, and it is necessary to investigate the party discipline responsibility of the responsible person, it shall put forward procuratorial suggestions, transfer them to the relevant competent departments together with relevant materials, and notify the administrative departments of land and resources that transferred the case.

(5) If the administrative department of land and resources refuses to accept the decision of the people's procuratorate not to file a case, it may apply to the people's procuratorate for reconsideration within 10 days from the date of receiving the notice of not filing a case. The people's procuratorate shall make a reconsideration decision within 30 days from the date of receiving the application for reconsideration and serve it on the applicant.

(6) When a people's procuratorate receives a report or accusation that the administrative department of land and resources should transfer a suspected criminal case instead of transferring it, it shall know the case from the administrative department of land and resources, and may, if necessary, issue a written notice requesting to obtain relevant materials. The administrative departments of land and resources shall actively cooperate and hand over the case files to the people's procuratorate for examination.

(7) If the people's procuratorate believes that the parties involved in the case are suspected of committing a crime and need to be investigated for criminal responsibility, it shall issue a "Opinions on Reasons for Not Transferring" to the administrative department of land and resources, and the administrative department of land and resources shall explain in writing the reasons for not transferring within 3 days after receiving the opinions.

If the people's procuratorate considers that the reason why the administrative department of land and resources does not transfer the case is untenable after examination, it shall issue a notice of case transfer to the administrative department of land and resources, and the administrative department of land and resources shall transfer the file to the public security organ or the people's procuratorate within 3 days after receiving the notice.

(8) If the administrative departments of land and resources investigate and deal with illegal cases and find that the state functionaries involved have violated the party discipline and discipline, but have no right to deal with them, they shall transfer the cases to the discipline inspection and supervision organs in accordance with the relevant provisions of the Ministry of Supervision and the Ministry of Land and Resources.

(nine) if the public security organ or the people's procuratorate finds that the case suspected of illegal crimes of land and resources does not meet the conditions for criminal filing, it shall transfer the case to the administrative department of land and resources.

(10) If the supervisory organ finds that there are violations of land and resources in the process of handling cases of violation of law and discipline by state functionaries, it shall put forward supervision suggestions in accordance with the relevant provisions of the Administrative Supervision Law of the People's Republic of China and transfer the relevant case materials to the administrative departments of land and resources.

Article 7 Promote compulsory execution and strengthen execution.

(a) the administrative departments of land and resources shall, in accordance with the law, impose administrative penalties on acts that violate the administrative management of land and resources, and shall inform the administrative counterpart of the right to apply for administrative reconsideration and bring an administrative lawsuit, as well as the ways and time limit for exercising the rights. After receiving the punishment decision, the relative person of land and resources administration neither applies for reconsideration nor brings a lawsuit nor performs it within the statutory time limit, and the administrative department of land and resources shall promptly apply to the people's court for compulsory execution according to law.

(2) Where the administrative department of land and resources applies to the people's court for compulsory execution of the effective administrative punishment decision according to law, the people's court shall examine it according to law within the statutory time limit, make a ruling on whether to grant compulsory execution, and serve the ruling on the administrative department of land and resources and the relevant parties according to law. If the ruling grants compulsory execution, the people's court shall promptly organize the execution and notify the applicant in writing of the execution result.

(three) the people's court shall enforce the effective administrative punishment decision made by the administrative department of land and resources according to law, and the administrative department of land and resources shall cooperate with it and provide the necessary conditions for enforcement.

(four) the people's court shall implement the effective administrative punishment decision made by the administrative department of land and resources according to law, and if it is really necessary for the public security organs to cooperate, the public security organs shall actively cooperate to maintain the order at the scene and ensure the smooth implementation of the work.

Article 8 Where these Measures are inconsistent with the national laws, regulations and superior regulations, the national laws, regulations and superior regulations shall prevail.

Article 9 These Measures shall be revised and interpreted by the County Bureau of Land and Resources.