中华人民共和国土地管理法（修正）（二）

it such indices to people's governments at the next higher level for approval and implementation.

　　Chapter VI Legal Liability

　　Article 43 Units under ownership by the whole people and urban units under collective ownership that unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish， within a definite period of time， any structures or other installations newly erected thereon， or such structures or installations shall be confiscated and fines shall be imposed concurrently. Disciplinary sanctions shall be adopted against those who bear the main responsibility in their respective units for such unlawful encroachment， either by the units to which they belong or by offices at a higher level.

　　If the amount of land occupied exceeds the approved amount， the excessive portion shall be handled as in the case of unlawful encroachment of land.

　　Article 44 Township （town） and village enterprises which unlawfully encroach upon land without approval or with fraudulently obtained approval shall be ordered to return such land and demolish， within a definite period of time， any structures or other installations newly erected thereon， or such structures or installations shall be confiscated and fines may be imposed concurrently.

　　If the amount of land occupied exceeds the approved amount， the excessive portion shall be handled as in the case of unlawful encroachment of land.

　　Article 45 Rural residents who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish， within a definite period of time， the houses newly built on such land， or such newly built houses shall be confiscated.

　　Article 46 Residents in non-agricultural households in cities or towns who unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish， within a definite period of time， the houses newly built on

such land， or such newly built houses shall be confiscated.

　　State functionaries who， by abusing authority， unlawfully encroach upon land to build residences without approval or with fraudulently obtained approval shall be ordered to return such land and demolish， within a definite period of time， the houses newly built on such land， or such houses shall be confiscated and disciplinary sanctions shall be imposed upon such functionaries either by the units to which they belong or by offices at a higher level.

　　Article 47 Anyone who unlawfully transfers land through buying， selling or other means shall have his illegal proceeds confiscated and shall be ordered to demolish， within a definite period of time， any structures or other installations newly erected on such land， or such structures or installations shall be confiscated and the party concerned may be fined； disciplinary sanctions shall be adopted against the person who bears the main responsibility either by the unit to which he belongs or by an office at a higher level.

　　Article 48 If units or individuals without authority to approve requisition or use of land unlawfully approve occupation of land， or if they unlawfully approve occupation of land by overstepping their authority of approval， the documents of such approval shall be void and disciplinary sanctions shall be adopted against those who bear the main responsibility in such units or other individuals who have unlawfully approved occupation of land， either by the units to which they belong or by offices at a higher level. Those who take bribes shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law. Land occupied through unlawful approval shall be handled as in the case of unlawful encroachment of land.

　　Article 49 Units at higher levels or other units that unlawfully seize land compensation and resettlement subsidies paid to the units whose land has been requisitioned shall be ordered to return such funds and make compensation， and they may be fined concurrently. Disciplinary sanctions shall be adopted against those who bear the main responsibility either by the units to which they belong or by offices at a higher level. Unlawful seizures by individuals shall be handled as in the case of graft.

　　Article 50 Whoever makes temporary use of land in accordance with Article 33 of this Law and fails to return the land after the term for such use expires and whoever refuses to surrender land after the right to the use of it has been withdrawn in accordance with Article 19 of this Law shall be ordered to return the land and shall be fined concurrently.

　　Article 51 Whoever， in violation of the law， excavates earth or sand from or quarries or mines on crop land， there by seriously damaging the cultivation conditions， or， in developing land， causes soil desertification， soil salinization or soil erosion， shall be ordered to make rectification within a definite period of time and may be fined concurrently.

　　Article 52 Administrative sanctions under this Law shall be decided by land administration departments of local people's governments at or above the county level； administrative sanctions under Article 45 of this Law may be decided by people's governments at the township level. If the party concerned refuses to accept an administrative sanction， it may file suit in a people's court within 15 days of receiving the notification on the decision regarding the sanction. If the party neither files suit nor complies with the decision within that period， the sanction-imposing office shall apply to the people's court for compulsory enforcement.

　　Units or individuals that are under the punishment of demolishing， within a definite period of time， any new structures or other installations must stop construction immediately. For those who carry on construction， the sanction-imposing office shall have the authorit

y to stop it. Whoever rejects or hinders the performance of duties by land administration personnel in accordance with the law shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.

　　Article 53 The land administration department of a local people's government at or above the county level shall order anyone who has infringed upon others' ownership of land and right to the use of land to stop the infringement and pay compensation for the losses caused. If a party refuses to accept the order， it may file suit in a people's court within 30days after receiving notification of the order. The party infringed on may also file suit directly in the people's court.

　　Article 54 During the course of changing ownership of land or the right to its use or solving disputes concerning ownership of land or the right to its use， anyone who offers or takes bribes， extorts money， commits embezzlement or theft of state or collective property， or incites the masses to disorderly conduct obstruction of state construction， if his acts constitute a crime， shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law.

　　Chapter VII Supplementary Provisions

　　Article 55 Administrative procedures for the land used by Chinese foreign equity joint ventures， Chinese-foreign contractual joint ventures and foreign-capital enterprises shall be stipulated separately by the State Council.

　　Article 56 The land administration department under the State Council shall formulate rules for implementation of this Law， which shall be put into force after being submitted to and approved by the State Council.

　　The standing committees of the people's congresses of provinces， autonomous regions， and municipalities directly under the Central Government shall formulate measures for implementation of this Law.

　　Article 57 This Law shall go into effect on January 1， 1987. On the same day， the Regulations on the Administration of Land Used by Villages and Towns for House Building， promulgated on February 13， 1982， and the Regulations on the Requisition of Land for State Construction， promulgated on May 14， 1982， by the State Council， shall be invalidated

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