BIZCHINA / Land Resources
Land Administration Law of the People's Republic of China
Updated: 2006-05-08 11:18
Article 71 Where land administration departments of the people's
governments at or above the county level, in the course of supervision
and inspection, find that violations of the laws and regulations
governing land administration constitute crimes, they shall transfer the
cases to the departments concerned, which shall conduct investigation for
criminal responsibility in accordance with law; if the violations are not
serious enough to constitute crimes, the said departments shall impose
administrative penalties in accordance with law.
Article 72 Where a land administration department fails to impose
administrative penalties on violators as is required by the provisions of
this Law, the land administration department of the people's government
at a higher level shall have the right to order the former to decide on
imposition of administrative penalties or directly impose the penalties
itself and give administrative sanctions to the persons in charge of the
former.
Chapter VII Legal Responsibility
Article 73 If units or individuals illegally transfer land through
buying, selling or other means, their unlawful gains shall be confiscated
by the land administration departments of the people's governments at or
above the county level. If units or individuals, in violation of the
overall plan for land utilization, convert land for agriculture to land
for construction, they shall demolish, within a time limit, the
structures and other installations built on the illegally transferred
land and put the land back to its original state; if the conversion
happens to conform to the overall plan for land utilization, the
structures and other installations built on the land shall be
confiscated; and the units or individuals may also be fined; the persons
directly in charge and other persons directly responsible shall be given
administrative sanctions in accordance with law. If the violations
constitute crimes, criminal responsibility shall be investigated in
accordance with law.
Article 74 Units or individuals that, in violation of the provisions of
this Law, build kilns or graves on cultivated land or, without
authorization, build houses, dig sand, quarry, mine or collect earth on
or from the cultivated land, thus severely damaging the conditions for
crop cultivation, or develop land, thus causing desertification or
salinization, shall be ordered by the land administration departments of
the people's governments at or above the county level to set it right or
bring desertification or salinization under control within a time limit
and may also be fined. If the violations constitute crimes, criminal
responsibility shall be investigated in accordance with law.
Article 75 Units or individuals that, in violation of the provisions of
this Law, refuse to fulfill their obligation of land recultivation shall
be ordered by the land administration departments of the people's
governments at or above the county level to do it within a time limit. If
they fail to do so, they shall be ordered to pay charges for
recultivation, which shall exclusively be used for the purpose, and they
may be fined.
Article 76 Units or individuals that illegally occupy and use land
without approval or with approval obtained by fraudulent means shall be
ordered by the land administration departments of the people's
governments at or above the county level to return such land; the ones
that, in violation of the overall plan for land utilization, convert the
land for agriculture to land for construction shall be ordered to
demolish the structures and other installations built on the illegally
occupied land within a time limit and put the land back to its original
state; with regard to the ones that convert land for agriculture to land
for construction, which happens to conform to the overall plan for land
utilization, the structures and installations built on such land shall be
confiscated, and they may also be fined; and the persons directly in
charge of the said units and other persons directly responsible for the
violations shall be given administrative sanctions in accordance with
law; if the violations constitute crimes, criminal responsibility shall
be investigated in accordance with law.
Where the land used exceeds the amount approved, the excessive portion
shall be treated as land illegally used.
Article 77 Villagers who illegally occupy and use land to build
residences thereon without approval or with approval obtained by
fraudulent means shall be ordered by the land administration departments
of the people's governments at or above the county level to return such
land and demolish, within a time limit, the houses built on the land.
Where the land used exceeds the limits fixed by provinces, autonomous
regions and municipalities directly under the Central Government shall be
treated as land illegally used.
Article 78 Where units or individuals that have no authority to approve
requisition or use of land unlawfully approve the use of land, or they do
so by overstepping their authority of approval, or they approve the use
of land at variance with the purposes defined in the overall plan for
land utilization, or they approve the requisition or use of land in
violation of the procedure prescribed by law, the documents of such
approval shall be void and the persons directly in charge of and other
persons directly responsible for illegally approving such requisition and
use of land shall be given administrative sanctions in accordance with
law. If the violations constitute crimes, criminal responsibility shall
be investigated in accordance with law. If the violations constitute
crimes, criminal responsibility shall be investigated in accordance with
law. The land illegally approved for use shall be taken back. If the
parties concerned refuse to return the land, they shall be regarded as
illegal land users.
Units or individuals that cause losses to the parties by illegally
approving requisition or use of land shall bear the liability to pay
compensation in accordance with law.
Article 79 Whoever embezzles or misappropriates the compensation or other
relevant charges paid to a unit whose land is requisitioned, if the
violation constitutes a crime, shall be investigated for criminal
responsibility in accordance with law; if the violation is not serious
enough to constitute a crime, he shall be given administrative sanctions
in accordance with law.
Article 80 If the parties that have the right to the use of State-owned
land refuse to surrender the land when it is to be taken back in
accordance with law, or refuse to return the land at the expiration of
the period for its temporary use, or fail to use the land in keeping with
the purposes approved, the land administration departments of the
people's governments at or above the county level shall order them to
return the land and impose a fine on them.
Page: 1 2 3 4 5 6 7 8 9 10
(For more biz stories, please visit Industry Updates)
Most Popular Stories in 48 Hours
� Foreign firms look to hotel sector
� Steelmakers to reject 19% iron ore hike
� Talks start over gov't contracts
� Boeing expects B747-8 success in Asia
� Money supply growth still climbing
Today's Top News
� Smuggler suspect Lai to be returned on May 26
� US limits using of Chinese computers
� Chairman Mao portrait up for auction
� 21 killed as typhoon hits S.China
� Pay rises by 16% for State sector workers
Top Biz News
� China bans import, export of endangered species
� China closes nearly 6,000 small mines
� UK offers aid to improve life in poorest areas
� Nation's first A380 pilot to receive training
� Export of fishery workers to Taiwan resumed
Alibaba is the largest B2B marketplace in the world. Source model ship,
wooden puzzle, one-piece toilet, RC hovercraft, photo album, prom dress,
pocket bike, Vaginal Speculum, Samurai Sword, String Panty and PVC Pipe.
Learn Chinese
No comments:
Post a Comment