中华人民共和国土地管理法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE LAND ADMINISTRATION LAW OF THE PEOPLES RE
2009-03-24 法律英语 来源:互联网 作者: ℃, autonomous region or municipality directly under the central government.
Chapter VI Legal Liability
Article 30 Pursuant to the provisions of Articles 43 and 44 of the Land Administration Law, in addition to ordering a violator to return illegally occupied land and stipulating a limited period within which structures and other installations newly erected on the land are to be demolished or confiscated, a fine shall(may) also be imposed. The standards for such a fine shall be up to 15 yuan for each square meter of illegally occupied land.
Article 31 Pursuant to the provisions of Article 47 of the Land Administration Law, in addition to confiscating illegal proceeds from a violator and stipulating a limited period within which structures and other installations newly erected on land purchased, sold or assigned by illegal means are to be demolished or confiscated, a fine may also be imposed. The standards for such a fine shall be up to 50% of the illegal proceeds involved.
Article 32 Pursuant to the provisions of Article 49 of the Land Administration Law, in addition to ordering a violator to return funds illegally seized, a fine may also be imposed. The standards for such a fine shall be up to 30% of the funds illegally seized.
Article 33 Pursuant to the provisions of Article 50 of the Land Administration Law, in addition to ordering a violator to return the land, a fine shall also be imposed. The standards for such a fine shall be up to 5 yuan for each square meter of illegally used land.
Article 34 Pursuant to the provisions of Article 51 of the Land Administration Law, if serious damage is caused to the cultivation conditions of soil, in addition to ordering a violator to rectify the situation within a limited period, a fine may also be imposed. The standards for such a fine shall be determined in accordance with the provisions of legislation on the protection of cultivated land. If soil desertification or salinization is caused as the result of land development, in addition to ordering a violator to rectify the situation within a limited period, a fine may also be imposed. The standards for such a fine shall be determined in accordance with standards stipulated by the people's government of the relevant province, autonomous region or municipality directly under the central government. If soil erosion is caused as the result of land development, in addition to ordering a violator to rectify the situation within a limited period, a fine may also be imposed. The standards for such a fine shall be determined in accordance with the provisions of legislation on water and soil conservation.
Article 35 Fines must be paid within the stipulated period. In the event of failure to pay on schedule, a late payment fine of 0.3% of the fine shall be collected for each day in arrears.
Penalty fines and late payment fines shall be handed over to the state treasury in accordance with relevant state regulations.
Article 36 If land is occupied illegally without approval or by gaining approval fraudulently through such means as leaving arable land lie fallow, in order to construct residential buildings or to undertake other construction projects, a limited period shall be stipulated within which buildings and other facilities newly erected on the illegally occupied land must be demolished or confiscated and the return of the illegally occupied land shall be ordered.
If a unit or individual ordered to demolish newly erected buildings and other facilities within limited period pursuant to the law, continues construction, the penalty issuing authority shall have the right to seal up and confiscate equipment and building materials which continue to be used.
Article 37 In the event of false reporting, concealing the truth in a report, refusing to submit a report or repeatedly delaying submission of a report, as well as falsifying or distortin
g statistical information in relation to land, penalty shall be imposed in accordance with the provisions of Article 25 of the Statistics Law of the People's Republic of China and Article 31 of the Rules for Implementation of the Statistics Law of the People's Republic of China.
Article 38 If a land ownership or land use right infringing party fails to initiate legal proceedings or to fulfill the penalty decision within the stipulated period after a penalty decision made by the land administration department of the local people's government at county level or above pursuant to the provisions of Article 53 of the Land Administration Law, the infringed party may apply to the people's court for enforcement.
Chapter VII Supplementary Provisions
Article 39 The State Land Administration shall be responsible for interpreting these Regulations.
Article 40 These Regulations shall enter into force on February 1, 1991
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