[CCTV Rule of Law Online] The Black Land Protection Law officially implemented the "giant panda in cultivated land" in the law today
Author:Supreme inspection Time:2022.08.01
In order to better protect the black land resources of our country, from August 1, 2022, the Black Earth Protection Law of my country has been formally implemented. What are the characteristics of this law, why is my country introduced a law that specializes in protecting black land? Let's start with a case in Wuchang City, Heilongjiang Province.
In a farmland in Futa Village, Shahezi Town, Wuchang City, Heilongjiang Province, from the air overlooking, various crops are connected into a green piece, which is very spectacular. And just a year and a half ago, here is another scene.
Wang Youfa, a villager in Futa Village, Shahezi Town, Wuchang City: It was pulled away with a hook machine and a rollover. It's right.
Xu Wenxiu, Secretary of the Party Branch of Futa Village, Shahezi Town, Wuchang City: This piece seems to be more than 5 垧 (75 acres) in total.
According to local villagers, in early 2021, several foreigners suddenly came to the village. They not only rented land from the villagers at a high price, but also promised to help the villagers improve the soft soil fields.
Bu Xiangzhi, a villager in Futa Village, Shahezi Town, Wuchang City: When he planted the land every year, he was trapped and trapped. He promised to govern us.
The villagers told us that some of the black land in the village is very soft, especially a farmland near the foot of the mountain. When the rain is too much, it will become like a swamp. The villagers call the soil in these land as raft soil. After hearing these people can help govern, many villagers wrapped these land to them, but as soon as the so -called farmland reconstruction project started, the villagers found that there was something wrong.
Wang Youfa, a villager in Futa Village, Shahezi Town, Wuchang City: I believe them and give them it. After that, they started working, and it was not the case at a glance. Hook out of the raft (soil) and pull it out. As soon as the common people were right, they reflected with the village. Can it be planted for me?
So who are these people? What is their true purpose? Soon things attracted the attention of relevant departments, and the police also investigated this.
Li Di, a police officer of the Food and Drug Crime Investigation Brigade of the Public Security Bureau of Wuchang City: After we arrived at the scene, we found that the agricultural land of the people had been destroyed by the criminal suspect's hook machine. Mida deep. The arable land on the scene was damaged very seriously, and the black soil was lost.
When the police arrived, these foreigners had already fled the scene. By investigating the police found that these people were not undergoing so -called farmland renovation, but an important resource in digging the fields, that is, raft soil in the mouth of the villagers. It turns out that the organic matter content of these raft soil is higher than that of ordinary black soil. The scientific name is peat and is an important mineral resource.
Li Di, a police officer of the Food and Drug Crime Investigation Brigade of the Public Security Bureau of Wuchang City: The suspect stole these black soil. It was identified that it belonged to peat. Its organic matter content exceeded 30%and belonged to mineral resources.
Yang Hongzhi, Director of the First Procuratorate of the Procuratorate of Wuchang City: Ordinary black soil is used for planting crops. Its organic matter content does not have high peat soil, so peat soil is a very scarce resource, which is different. Because it has a high organic matter content, used for seedling, for planting flowers, for the production of flower fertilizers, it is very useful.
Police investigated the criminal suspect's arrival
Subsequently, the police launched an in -depth investigation of the suspects of the stolen peat soil and arrested them one by one. The police found that these criminal suspects were led by Wang, and this was not the first time they dug peat soil.
Wu Chang City Procuratorate's First Procuratorate: After cooperating with each other, he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found that he found him. Before Shangzhi City, the actions of stealing peat and illegal mining were also implemented. In this case, the Shangzhi Public Security Bureau and the Wuchang City Public Security Bureau cooperated closely and transferred the crime of illegal mining illegal mining that Shang Zhi missed to the Wanchang Public Security Bureau.
The survey showed that as early as 2019, the group headed by Wang began to stole peat land in individual villages in Shangzhi City, Heilongjiang Province, and the sales profit exceeded 2 million yuan.
Yang Hongzhi, Director of the First Procuratorate of the Procuratorate of Wuchang City: His overall sales reached 2.39 million yuan, and when the Natural Resources Bureau ordered him to stop mining and administrative punishment for him, he then regretted it. Moreover, he has transferred this as a crime clue to Shangzhi City Public Security Bureau in Shangzhi City. Allowing to continue digging, you have violated the law, and he still ran to Wuchang for continuing crimes.
It is estimated that the total amount of these peat soil seized by the Five Chang Police at the scene exceeded 34,000 cubic meters, which means that the farmland that has been severely damaged is not less than 90 acres. The procuratorial organs eventually filed a public prosecution to the court for suspected illegal mining.
Yang Hongzhi, Director of the First Procuratorate of the Procuratorate of Wuchang City: According to the law, he may have violated two crimes. We call (imagine) competition. Because this is a cultivated land, a crime is illegal occupation of agricultural land (crime), and a crime is illegal mining (crime). In this way, the crime of choosing a place is applied to the crime of illegal mining.
After hearing, on June 17, 2021, the Wuchang City Court made a first trial of the case. Wang was sentenced to seven years in prison for illegal mining and fined 500,000 yuan. Punishment and fine. On July 22, 2021, the Harbin Intermediate Court issued a second trial, rejected the appeal of four defendants and maintained the original sentence.
Yang Hongzhi, Director of the First Procuratorate of the Procuratorate of Wuchang City: When filed a public prosecution to the four defendants, Shangzhi City Natural Resources Bureau and Wuchang City Natural Resources Bureau filed a criminal attachment civil lawsuit, requiring the four defendants to bear ecological recovery and recovery. A series of related expenses. This criminal attached civil lawsuit was also supported by the court and made a judgment.
Fortunately, because it was found in time, Wang and others were seized before they had time. Under the organization of relevant local departments, these stolen peat soils were quickly recovered. At present, these destroyed arable land have re -planted crops.
Yang Hongzhi, director of the First Procuratorate of the Procuratorate of Wuchang City: It is also actively communicating with the government. The Shahezi Town Government has not sold the stolen peat soil. Because he did not sell it, he was filled in time to avoid the occurrence of losses and damage to the greatest extent.
In addition, the judgment of the case was reported by the media, which caused a lot of shocks in the local area.
Xu Wenxiu, Secretary of the Party Branch of Futa Village, Shahezi Town, Wuchang City: Now it attaches great importance to the protection of resources and has improved its understanding. The people do not dare to dig privately.
Bu Xiangzhi, a villager in Futa Village, Shahezi Town, Wuchang City: Our people do not understand. This time, we basically understand through this matter.
The new law allows more people to pay attention and pay attention to
Black land protection
Through this case, the villagers have enhanced legal awareness, and the newly implemented Black Land Protection Law also allows more people to pay attention to and pay attention to the protection of black land. So what are the provisions of this law?
Before the Black Land Protection Law was implemented, my country also had some local legislation in black land protection. For example, the "Regulations on the Protection of Black Land in Jilin Province" and "Regulations on the Protection and Utilization of Heilongjiang Province", but in the opinion of experts, the introduction of the Black Land Protection Law in the name of the country has a special meaning, which not only shows the country's protection of black land. And it is conducive to letting more people pay attention to the protection of black land.
Zhou Baoshan, a researcher at the Institute of Black Earth Protection of Heilongjiang Province: This Black Earth Protection Law implemented a great role in the protection and utilization of black land. Because the consciousness of the nation that may be protected by black soil in the past is not particularly strong. After the implementation of the Black Land Protection Law, it will enhance the awareness of the nation of the black land protection.
The newly implemented Black Land Protection Law put forward more stringent detailed requirements for cracking down on private mining black soil.
Yang Hongzhi, Director of the First Procuratorate of the Procuratorate of Wuchang Municipal Procuratorate: I just said that the blow can only rely on the criminal law. The protection of black land provides a legal basis and guidance. In the future, the case will be handled for us, and the administrative protection, administrative penalties, and administrative supervision of us including administrative organs will make us have the law. It is very important and very timely.
In addition to the richer means to crack down on punishment, this new law also clarifies the scope of black land protection. Article 2 of the Black Land Protection Law stipulates that the black land referred to in this law refers to the black or dark humus surface soil layer in Heilongjiang Province, Jilin Province, Liaoning Province, and Inner Mongolia Autonomous Region. Essence According to this regulation, the black land in the northeast of my country has entered the scope of legal protection. The reason why the country has comprehensive protection of black land in terms of means and scope is from the particularity of the black land.
According to experts, black soil is a fertile soil with good characteristics and high fertility, which is very suitable for crop growth. Therefore, these areas of black soil enrichment are important grain production areas.
Zhou Baoku, a researcher at the Institute of Black Land Protection of Heilongjiang Province: In particular, the black land in our Northeast Plain is also a large granary in our country, which has also made important contributions to ensure the safety of our country.
Experts point out that the formation of black soil requires a long process, and hundreds of years can form a centimeter. Because of this, the black soil is also called "giant panda in cultivated land".
Zhou Baoku, a researcher at the Institute of Black Land Protection of Heilongjiang Province: Because we are in China for this black land, if it is finished, then it will be gone.
In addition to the protection in quantity, the Black Land Protection Law also emphasizes quality protection. After several generations of reclamation, the black land in the northeast of my country has become the most important commodity grain production base in the country. However, with the farming of the year, the fertile black land has become more and more "thin".
Yang Chaoxia, director of the Ecological Law Research Center of Beijing Forestry University: Over the years, due to excessive use problems with black land, due to poor operation and protection, we have three special problems in our black land -thinning and hardening. And thinning.
Liu Hongyan, a researcher at the Law Research Institute of the Chinese Academy of Social Sciences: excessive development, abuse of pesticides, and excessive organic matter, such as film abuse caused the fertility of the land to decline, the land conjunction, desertification and so on.
Excessive development and utilization, and failure to manage timely and effectively, is the crux of the continuous degradation of black land. To this end, Article 3 of the Black Land Protection Law clearly stipulates that the state implements scientific and effective black land protection policies, protects black land, protects fiscal investment, and comprehensively adopts measures such as engineering, agronomy, agricultural machinery, biology and other measures Capability to ensure the total amount of black land, incompetence function, improvement of quality, and sustainable production capacity.
Liu Hongyan, a researcher at the Law Research Institute of the Chinese Academy of Social Sciences: The rational use of ecological restoration of land resources, including restrictive pollutants, including the improvement of soil quality, is undoubtedly the core target of our law.
Zhou Baoku, a researcher at the Institute of Black soil Protection of Heilongjiang Province: Quality protection is to prevent its degradation, that is, to gradually increase the fertility of the black soil. You can return to the field through straw, add organic fertilizer, or some other rotation, soil measuring formula fertilization, etc. These are some good measures for the protection of black land. Ministry of Natural Resources: Strengthen the protection of black soil arable land to carry out investigations on black soil arable land
The "Black Land Protection Law of the People's Republic of China" was officially implemented today (August 1). Black soil arable land is a precious soil resource, a "giant panda" in cultivated land, and is extremely important in ensuring national food security. The Ministry of Natural Resources clearly requires that the four provinces of Inner Mongolia, Liaoning, Jilin, Heilongjiang and other four provinces will effectively strengthen the protection of black soil arable land and organize a survey of black soil arable land.
The Ministry of Natural Resources said that after years of development and utilization, the phenomenon of thinning, thinning, and hardening of black soil arable land has brought about challenges to the sustainable development of agriculture. Effective measures must be taken to protect the black soil arable land and provide powerful national food security. support.
The Ministry of Natural Resources requires that the four provinces and regions organize a survey of black soil arable land, and accurately grasp the bottom of the family of black soil arable land is the basis for the protection of black soil arable land. Utilizing the current land change survey current status cultivation data and national soil census seven types of black soil type data type data one by one, further clarify the type, distribution, quantity, quality, protection and utilization status of the black soil area, etc., and establish the black soil arable land archives As the basis of strict management.
In addition, we must strengthen the special control of black soil arable land. Black soil cultivation has good soil, high fertility, coordinated water and gas heat, high grain output and good quality. It should be included in the protection of cultivated land protection. The Ministry of Natural Resources requires that the competent natural resources authorities at all levels of the four provinces and regions shall incorporate all the location of the black soil arable land into the cultivation of the arable land to protect the red line. The black soil has a deep black soil and the black soil cultivated land. Special protection is strictly implemented in the warehouse.
At the same time, in order to reduce the occupation of black soil arable land in industrialization and urbanization construction, the Ministry of Natural Resources clarified that local factors should comprehensively consider factors such as the protection of cultivated land protection land and future population changes. , Strictly constrained the erosion of urban and rural construction disorderly spread to black soil arable land. (CCTV News Client Tan Zhenhua)
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