法治进行时——走进我国法治国土资源建设
“通过法治国土建设，扎紧法治‘篱笆’、遏制权力‘越界’，形成国土资源领域不敢腐、不能腐、不想腐的有效机制。”
——摘自国土资源部部长姜大明在全面推进法治国土建设工作会议上的讲话
"By the construction of land under the rule of law, tighten the 'fence' under the rule of law, curb the power of 'cross the border', so that to form an effective mechanism that is fear to corrupt, unable to corrupt, unwilling to corrupt."
——From the speech of Jiang Daming who is the minister of Ministry of Land and Resources at the working meeting about promoting the national construction of land under the rule of law.
重要意义 Significance
党的十八届四中全会作出了《中共中央关于全面推进依法治国若干重大问题的决定》，这是全面依法治国的重大战略部署，协调推进“四个全面”战略布局的重要内容，实现国家治理体系和治理能力现代化的重大举措。国土资源对经济社会发展具有基础性、战略性作用，关系公民、法人和其他组织的合法权益。法治国土是全面依法治国的有机组成部分，是法治政府建设在国土资源领域的具体体现。加强法治国土建设意义重大。
经过多年努力，具有中国特色的国土资源管理法治体系初步形成，国土资源系统依法行政水平不断提高。但也存在有些法律规定相对滞后，有些法律实施制度尚不健全，执法监督还不够严格规范，权利救济渠道还不够畅通，一些领导干部的法治意识和能力有待提高，国土资源领域腐败案件易发多发等问题，必须通过加快法治国土建设来解决。
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China carried out "Certain major issue decisions about advancing comprehensively in the rule of law made by the Central Committee of the Communist Party of China", this is the important strategic plan of the rule of law comprehensively, coordinating advances the important content of strategic layout of "four comprehensives", realizing the major initiatives about the modernization of national management system and management ability.
The land and resources have the legitimate rights and interests of the basic and strategic functions, relating to the citizens, legal persons and other organizations on the economic and social development. The land under the rule of law is an organic part of the the rule of law comprehensively, and also the embodiment of the government construction under the rule of law in the field of land and resources. It is significance to strengthen the construction of land under the rule of law.
After years of effort, the Chinese characteristics of land and resources management system under the rule of law has been formed, and the level of land and resources administration by law is improving continuously. But there are also some problems about laggard laws, imperfect law enforcement system, relaxed law enforcement supervision, blocked rights relief channels, low consciousness of rule of law and weak ability of some leaders, and frequent corruption case of land and resource. It must be addressed by speeding up the construction of land under the rule of law.
历史沿革 Historical Evolution
1997年，党的十五大首次提出依法治国，指出“依法治国是党领导人民治理国家的基本方略”。
1999年，宪法修正案将依法治国基本方略写进了宪法。
十八届四中全会在总结我国17年来法治建设经验和成效的基础上，对全面依法治国进行了顶层设计，明确提出了推进依法治国的总目标是：“完善中国特色社会主义法治体系，建设社会主义法治国家。”这标志着依法治国进入新的历史时期，对我国法治建设具有里程碑意义，也为新形势下全面推进国土资源法治建设提供了鲜明的指导思想和高效的行动纲领。
In 1997, the 15th National Congress of the Chinese Communist Party first put forward the rule of law, which pointed out that " the rule of law is the basic strategy for the party leads the people in the governance of the country".
In 1999, the constitution amendment put the basic strategy about the rule of law into the constitution.
On the basis of concluding 17 years of experience and results about the construction under the rule of law in the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, it made a top-level design on the rule of law comprehensively, and clearly put forward the overall goal of promoting the rule of law: "perfect the legal system of the socialism with Chinese characteristics, build a socialist country under the rule of law". It marks the rule of law entered a new historical period, which is meaningful to the construction under the rule of law. It is also promote the construction of land and resources under the rule of law in new situation which provides guiding thoughts and efficient action.
具体任务 Specific tasks
要完善立法，加快推进《土地管理法》和《矿产资源法》的修订工作；要进一步强化依法行政制度建设，按照机构、职能、权限、程序、责任法定化的要求，建立国土资源部权力清单制度，完善重大决策合法性审查制度，健全重大决策终身责任追究制度及责任倒查制度，切实把权力关进制度的笼子里；要按照四中全会关于公正司法的改革精神，完善国土资源管理行政复议制度，发挥好行政复议在推进依法行政中的重要作用；要创新普法方式，树立全民法治信仰，实现从法律意识到全民守法再到法治信仰的升级。土地、矿产等自然资源的开发利用，关系国计民生和人民群众的重要财产权利，尤其需要运用法治方式规范行政权力，提升管理水平，维护群众权益。
To perfect the legislation, accelerate the revision of the"land management law" and the "mineral resources law". It needs to further strengthen the law-based administration system construction, in accordance with the legal requirements of the organization, function, permission, procedure, and responsibility, establishing a power system list of the ministry of land and resources, completing the legitimacy review system of the major decisions, perfecting the major decisions lifelong responsibility system and track-down responsibility system, closed the power into the cage of system. According to the reform spirit of judicial justice in the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, completing the administrative reconsideration system of the land and resources, the management of land and resources administrative reconsideration system, playing an important role of administrative reconsideration in advancing law-based administration. Innovating the way to popularize the knowledge of laws, establishing the belief under the rule of law, from the legal consciousness to obey the law universally and to the upgrade of belief under the rule of law. The development and utilization of the land, mineral property, and other natural resources is related to the important property rights of the national economy and people's livelihood and people, especially need to use legal means to regulate administrative power, enhance the level of management and maintain people's rights and interests.
总体要求 General Requirements
法治国土建设的重要遵循：必须始终注重服从服务党和国家工作大局，始终注重围绕国土资源中心工作，始终注重强化党组(党委)的领导，始终注重在全社会营造良好的国土资源法治环境。
法治国土建设的方向指导：必须把法治理念、法治思维和法治原则贯穿到国土资源管理的全过程和各个环节，健全完善国土资源管理法律法规，依法履行国土资源管理职能，严格规范权力运行，切实加强执法监督，建设与中国特色社会主义法治国家相适应的国土资源法治体系。
法治国土建设的工作定位：尽职尽责保护国土资源，节约集约利用国土资源，尽心尽力维护群众权益。
法治国土建设的“一条主线”，即总体目标：到2020年，要基本建成法制完备、职能科学、权责统一的国土资源管理体系，执法严明、勤政廉洁、敢于担当的国土资源管理队伍，法治统筹、公正文明、守法诚信的国土资源管理秩序。
法治国土建设的“四个原则”：坚持正确方向，坚持问题导向，坚持破立结合，坚持领导带头。
法治国土建设的“三大任务”：完善国土资源法律法规体系，规范国土资源管理权力运行和监督，营造良好的法治国土建设环境。
法治国土建设的“三项机制”：建立推进法治国土建设的领导责任机制，健全推进法治国土建设的考核评价机制，完善法治国土队伍建设长效机制。
法治国土建设的基本要求：即“三严三实”，要用“严”字坚守资源红线、坚定厉行法治，用“实”字养成法治习惯、增强遵法学法守法用法的思想自觉和行为自觉。认真学法，在严以修身中做到谋事实；严格守法，在严以律己中做到做人实；自觉用法，在严以用权中做到创业实。
建设法治国土的重要保障：即严格落实领导责任机制，形成“一把手负总责，分管领导具体抓，业务机构是主体，法治机构要统筹”的整体机制。
建设法治国土的关键环节：即完善国土资源法律体系。发挥两个积极性，实现搞好顶层设计和尊重基层首创的有机统一；适应新常态新要求，加强重点领域立法工作；坚持科学立法、民主立法、开门立法。
建设法治国土的当务之急：即完善依法维权机制。强化源头预防，依法分类处理，落实主体责任，切实把信访纳入法治化轨道；从监督、纠错和发现问题等方面全方位努力，强化行政复议定纷止争作用；积极应对行政诉讼，回应公益诉讼，完善应诉主体责任制度；从落实领导责任、突出公开重点、加强督促检查等方面下手，全面推进信息公开。
The construction of land under the rule of law must follow: always pay attention to serving the overall work of the Party and the country, always pay attention to the main work of the land and resources, always pay attention to strengthening the leadership of the party groups (party committee), always pay attention to creating a good legal environment for the land and resources in the whole society.
Direction for the construction of the land under the rule of law: it must link the idea under the rule of law, the thoughts under the rule of law and the principle under the rule of law throughout the whole process and all aspects of land and resources management, perfecting laws and regulations of the land and resources management, performing the resources management function of land and resources, regulating right running strictly, strengthening the law enforcement and supervision, construct the law institutions of land and resources which meet the needs of the socialism with Chinese characteristics.
The work orientation for the construction of the land under the rule of law: dutiful and conscientious protection of land and resources, conservative and intensive use of land and resources, dedicative maintain the rights and interests.
"A main line" of the construction of the land under the rule of law, which is the overall goal: by 2020, To build a land and resources management system that complete legal system, scientific function, power and responsibility is unified, a land and resources management team which is strict law enforcement, honest and diligent, dare to take on responsibilities, a land and resources management order which is plan as a whole under the rule of law, fair and civilized, law-abiding and faithful.
"Four principles" of the construction of the land under the rule of law: adhering to the correct direction, adhering to the problem oriented, adhering to the combination of breaking and gathering, adhering to leaders should take the lead.
"Three major tasks" of the construction of the land under the rule of law: perfecting the legal system of land and resources, standardizing the power operation and supervision of land and resources management, and creating a good environment for the construction of the land under the rule of law.
"Three mechanism" of the construction of the land under the rule of law: establishing and pushing the leadership responsibility mechanism of the construction of the land under the rule of law, perfecting and pushing the examination and evaluation mechanism of the construction of the land under the rule of law, completing the long-term mechanism of the construction of the land under the rule of law.
The basic requirements of the construction of the land under the rule of law: which is "Three Stricts and Three Steadies", sticking to the resources of the red line and confirming strong enforcement of the rule of law with a word "strict", developing the habit under the rule of law, enhancing the thought consciousness and law consciousness of respecting the law, studying the law, obeying the law and using the law with the word "steady".Studying the law conscientiously, be steady in planning matters while be strict in cultivating one's moral character. Obey the law strictly, be steady in conducting oneself while be strict in disciplining oneself. Using the law consciously, be steady in starting undertakings while be strict in preventing abuse of power.
The important safeguards of the construction of the land under the rule of law, namely, implement the leadership responsibility mechanism strictly, forming an overall mechanism "the top leaders take on the overall responsibility, the branched leaders responsible for the details, the business organization is the main body, institutions of the rule of law should plan as a whole".
The key point in the construction of the land under the rule of law: perfecting the legal system of land and resources. Playing two enthusiasms, realizing the unify of the making top-level design and respecting the grass-roots pioneered as a whole. Adapting to the new normal and new requirements, strengthening the legislation for key areas. Persisting in scientific legislation, democratic legislation and open legislation.
The urgent affairs of the construction of the land under the rule of law is perfect the rights mechanism in accordance with the law. Strengthening prevention of the source, classified processing in accordance with the law, carrying out the principal responsibility, making the complaints and appeal information into legalization. Trying all the efforts to strengthen the administrative reconsideration and the dispute on check for action from the aspects of supervision, error correction and problem finding. Coping with the administrative litigation, response to public interest litigation, improve the principal liability system of appearance. Disclosing all-round information from the implementation of the leadership responsibility, highlighting the public point, and strengthening supervision and examination.