依法查处土地违法行为是土地行政主管部门的职责 ,但目前在实践中 ,有些土地部门因为种种原因 ,对违法事实清楚、案件管辖明确、依法应当给予行政处罚的行为 ,却不行使行政处罚权 ,造成放纵违法行为人继续违法 ,使受害人的合法权益得不到法律保护 ,严重损害了行政执法机关的形 However, at present, in practice, some land departments, for various reasons, have clear facts about the illegal act, the jurisdiction of the case is clear and the administrative punishment should be given according to law, but the right of administrative punishment is not exercised. Causing the indulgent person to continue to illegally violate the law so that the lawful rights and interests of the victim are not protected by law and the shape of the administrative law-enforcement organ is seriously damaged