In order to standardize the reward work for reporting illegal sand mining and sand transportation, improve the enthusiasm of the public to report illegal sand mining and sand transportation, give full play to the role of social supervision, and severely crack down on illegal sand mining and sand transportation. Foshan Water Conservancy Bureau revised the Reward Measures for Reporting Illegal Sand Mining and Transportation in Foshan City (Fofu Office [2018] 15), and recently formed the Reward Measures for Reporting Illegal Sand Mining and Transportation in Foshan City (draft for comments in 2023) (hereinafter referred to as the Measures).
According to the statistics of the Municipal Water Conservancy Bureau, 44 cases of water violations were investigated and dealt with in 2022, including 3 cases of illegal sand mining, 17 cases of illegal transportation of river sand and 5 cases of illegal water intake, with a cumulative fine of 1.9025 million yuan and a confiscation of 8 cubic meters of river sand 19955. Effectively curb illegal activities.
Public reporting is an important means to crack down on illegal sand mining and transportation. The Measures make it clear that the municipal and district water administrative departments shall equip the rewarding reporting centers at their respective levels with specialized personnel and equipment, be responsible for receiving reports of illegal sand mining and sand transportation and organizing the verification of the reports, and reward the informants who meet the reward conditions in accordance with the regulations.
Foshan encourages informants to call the special telephone of the rewarding reporting center to report. Informants can also report through letters and visits, the hotline service platform of the municipal government 12345 or the Foshan 110 alarm service desk by calling or registering on the Internet. When reporting,
the informer shall provide the rewarding reporting center with key information such as the time, specific location and vessel situation of illegal sand mining and transportation, as well as other effective information that helps to determine the illegal objects and acts. If the key information is not grasped, the corresponding clues can be provided to help determine the illegal objects and illegal acts. The upper limit of the
reward amount is 100,000 yuan
. The Measures specify that if the following conditions are met at the same time, it can be recognized as a valid report: there is a clear object of the report and specific facts of the report; the content of the report has not been grasped by the water administration department in advance; If the reported illegal sand mining and sand transportation is verified to be true, the water administrative department shall file a case according to law and make a decision on administrative punishment, or transfer it to the public security organ for filing a case according to law and investigate the criminal responsibility of the offender.
According to the completeness of the content of the report and its consistency with the illegal facts, the reward is divided into three levels. According to different reward levels and different reward situations, different calculation methods are applicable to the amount of bonus.
The first situation is to verify the facts and impose administrative penalties of fines on those who report and seize illegal sand mining and sand transportation. According to the reward level (from the first level to the third level), 10%, 8% and 6% of the amount of fines are given to the informants respectively, and the total amount of rewards is limited to 100000 yuan.
The second situation is that if the illegal sand mining and sand transportation acts reported and seized are minor, and the water administrative department imposes non-fine administrative penalties on the offenders, the informants shall be rewarded 1000 yuan, 800 yuan and 500 yuan respectively according to the reward level (from the first level to the third level). In
the third case, if the illegal act is suspected of committing a crime and the offender has been investigated for criminal responsibility after being transferred to the judicial organ, and the administrative responsibility is no longer investigated, the informer shall be rewarded from 20000 yuan to 100000 yuan according to the corresponding circumstances. The Measures
for Guaranteeing the Information Security
of Whistleblowers require that the same report of illegal sand mining and sand transportation shall not be rewarded repeatedly. If the same illegal sand mining or sand transportation is reported separately by two or more informants, the first informant shall be rewarded, but if the information provided by other informants is helpful to deal with the illegal sand mining or sand transportation, the informant may be rewarded as appropriate. If two or more informants jointly report the same illegal act, they shall be rewarded according to the same act of reporting, and the bonus shall be distributed by the informants themselves through consultation. After the
illegal sand mining or sand transportation is investigated and punished, if the offender illegally mines or transports sand again, the informer may continue to report, and the water administrative department shall accept it as a new report. In principle, the reward for
reporting is limited to real-name reporting. In case of anonymous reporting, the informer shall be rewarded if he can determine his true identity and provide evidence to prove that he is the informer himself when applying for a reward. The
water administrative department and its staff shall keep strictly confidential the information of the subject of the informer obtained in the course of performing their duties, and shall not disclose it to the public without authorization, and shall take necessary measures to ensure the information security of the informer. It is strictly forbidden to divulge the reporting materials to the informer or the unit being reported.
In addition, if a whistleblower intentionally fabricates facts to falsely accuse and frame others or engage in unfair competition in the name of reporting, he shall bear corresponding legal liabilities.
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