In accordance with the arrangements of the CPC Central Committee and the State Council, agricultural departments at various levels pushed forward agricultural legislation in a deep-going way in 2010. Agricultural laws and agriculture-related law enforcement were improved. Agricultural law popularization and education and administration of agriculture in accordance with law were strengthened.
1) Agricultural legislation was carried forward in a deep-going way. In accordance with requirements of the Agriculture and Rural Affairs Committee and the Environment and Resources Protection Committee of the National People's Congress and the Commission for Legislative Affairs of the Standing Committee of the National People's Congress, the MoA in 2010 carried out evaluation of the implementation of the Law on Agri-tech Popularization, the Law on Promotion of Agricultural Mechanization, and the Environmental Protection Law.
The MoA also worked with the State Council Legal Affairs Office in public consultations and research for Regulations on Feed and Feed Additives (Draft Amendments) and Regulations on Pesticides (Draft Amendments).
After the approval of the executive meeting of the MoA, Regulations on Fees and Labor Shouldered by Farmers (Draft) was submitted to the State Council for review in September.
In addition, the MoA promulgated seven regulatory documents including Regulations on the Administration of Animal Quarantine, Rules on Licenses for the Production of Livestock Genes, and Quality Control Standards for the Management of Veterinary Drugs in order to supplement the Animal Epidemic Prevention Law and the Regulations on Administration of Veterinary Drugs. The seven regulatory documents covered the areas of animal quarantine, management of veterinary drags, the management of livestock and poultry genetic resources, the protection of plant varieties and animal epidemic prevention.
2) A serious overhaul of regulations and regulatory documents was carried out. Under the arrangements of the State Council, the MoA completed a comprehensive overhaul of its regulations and regulatory documents —158 regulations and 251 regulatory documents. Four regulations and 48 regulatory documents were abolished, 11 regulatory documents had their validity terminated, 10 regulations had their text modified. The remaining 144 regulations and 192 regulatory documents were kept intact. After the results of the overhaul were approved by the executive meeting of the MoA, they were officially published on 26 November. In addition, the MoA took part in an overhaul of administrative rules organized by the Legislative Affairs Office of the State Council.
3) Comprehensive law enforcement in agriculture was carried forward at faster pace.
First, the development of a system for comprehensive law enforcement in agriculture was pushed forward in a down-to-earth manner. Agricultural departments at various levels, keeping in mind the three-year goals of comprehensive law enforcement in agriculture, worked harder and made progress in the development of a system for comprehensive law enforcement in agriculture.
By the end of 2010, the number of counties that had carried out comprehensive law enforcement in agriculture accounted for 91% of the counties that should have done so. All counties had carried out comprehensive law enforcement in agriculture in 15 provinces (autonomous regions, municipalities). In addition, agricultural law enforcement authorities at county level that joined offices with authorized plant quarantine institutions, animal epidemic prevention supervision institutions and fishery administration supervision institutions reached 39%, 15.4% and 12.8% respectively, slightly higher than the previous year.
Second, the development of personnel for comprehensive law enforcement in agriculture was strengthened. In 2010，the MoA continued training for administrative law enforcement and the evaluation and checks on files of administrative penalties. In addition, the MoA for the first time held a nationwide skill competition on law enforcement in agriculture. Representatives from six provinces (autonomous regions, municipalities) competed in real-situation law enforcement and in a contest in legal knowledge. The competitors showed high political reliability, high spirit and excellent law enforcement skills. The skill competition attained the objectives of showcasing law enforcement skills, promoting the improvement of law enforcement and boosting team building.
Third, efforts were made to steadily improve effects of law enforcement in agriculture. In 2010, institutions of comprehensive law enforcement in agriculture handled 54,162 cases and imposed fines of 96.35 million yuan. The law enforcement institutions de-registered 426 licenses and 141 cases were transferred to judicial authorities. In 2010, 32 cases were filed for administrative reconsideration, 27 of the applications were rejected; 21 cases were filed for legal proceedings, 20 of the cases were dismissed. The figures meant that only one in every 10,000 cases were mishandled.
Various localities made efforts to change the way of law enforcement and combined law enforcement with services. In 2010, a total of 15,637 agriculture-related cases were handled through mediation. The role of law enforcement personnel in protecting farmers' legitimate rights, and in maintaining stability in rural areas became increasingly evident.
4) The reform of the administrative examination and approval mechanism was deepened.
First, efforts were made to do a good job concerning items for which administrative examination and approval was no longer required. In accordance with the Decision of the State Council on the Cancellation of Administrative Examination and Approval Items and the Delegation of Powers, the farming of genetically modified animals and plants and the accreditation of ministerial-level quality control institutions would no longer require administrative examination and approval. The MoA released in time Circular of the General Office of the Ministry of Agriculture on Doing a Good Job Concerning Items for Which Administrative Examination and Approval Is No Longer Required. The circular asked for the implementation of the decision and follow-up work.
Second, online administrative examination and approval was promoted in a steady way. Building on experience gained in experiments on online administrative examination and approval, the MoA General Office released a circular on actively promoting online administrative examination and approval. The circular set down the division of responsibilities and procedures for application and examination and approval.
As from 1 June 2010, six provinces (municipalities) including Jiangsu began trial operations of online administrative examination and approval of applications for permission of field tests of pesticides. By the end of November, 1,011 online applications had been handled, and 551 of them were approved. All applications were dealt with accurately.
In addition, trial operations of online administrative examination and approval of veterinary drags were launched on 8 December 2010.
Third, routine supervision and control of the MoA was strengthened. The mechanism of administrative examination and approval by a combined office was taken as important measurement in performance evaluation of the MoA. In addition, the roles of electronic monitoring, online reporting, complaint hotlines were given full play so as to strengthen supervision and control of key work elements. No administrative approval by the MoA was delayed, and the MoA received neither reporting of malpractices nor complaints.
5) The popularization of law and legal education were carried out in a deep-going way.
2010 was the last year of the Fifth Five-year Plan for the popularization of law. The MoA carried out review and evaluation of work in this respect in the agricultural system. Agricultural departments at various levels publicized intensively their achievements in the popularization of law during the Five-year Plan period and their exemplary experience in studying laws and applying laws. They took different ways to publicize laws and regulations that were closely related to farmers' lives and work, and organized law popularization activities with great efforts.
As a result, the various players in agricultural production and management increased their awareness of their legitimate rights and their obligations. Agricultural laws and regulations were popularized among more people and the legal environment for agricultural and rural economic development was gradually improved. The social atmosphere where farmers' interests were protected and agriculture was boosted according to law came into being.
