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 Administration Law of the People's Republic of China, the persons who bear the responsibility of administrative punishment for illegal land transfer and allocation are limited to the directly responsible person in charge of the unit and other directly responsible personnel, and do not involve higher authorities and leaders. However, whether the illegal transfer of the 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 principle that the transfer of allocated land and real estate should be reported to the people's government with the right to approve, the Municipal Education Bureau has the right to make internal adjustments and arrangements for the allocated land of the schools under its jurisdiction according to the city's construction planning, educational development reality and 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 behavior belongs to personal behavior, 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 directly responsible leaders of Yuanping Vocational School.
Shaanxi Yongjiaxin lawyer office Bai Xinya