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Decision of the Standing Committee of the National Peoples Congress on Amending the Land Administrat

2009-03-24 法律英语 来源:互联网 作者:
lly approved for use shall be taken back. If the parties concerned refuse to return the land, they shall be regarded as illegal land users and punished as such.

  Units or individuals that cause losses to the parties by illegally approving expropriation 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 expropriated, 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 administrative 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.

  Article 81 Where units or individuals, without authorization, assign, transfer or lease the right to the use of land owned by peasant collectives for construction of non-agricultural projects, the land administration departments of the people's governments at or above the county level shall order them to set it right within a time limit, confiscate their illegal gains and impose a fine on them.

  Article 82 Units or individuals that, in violation of the provisions of this Law, fail to register changes in land ownership, land-use right or the purpose of use of land shall be ordered by the land administration departments of the people's governments at or above the county level to register the changes within a time limit.

  Article 83 Construction units or individuals that are ordered, in accordance with the provisions of this Law, to demolish within a time limit eh structures or installations built on illegally used land shall stop construction immediately and do the demolishing themselves. With regard to the ones that continue to construct, the organ that decides to impose the penalty on them shall have the right to stop them. Where construction units or individuals refuse to accept the administrative penalty decision of demolishing the structures or installations within a time limit, they may file a suit in a People's Court within 15 days from the date of receiving the decision. If they neither file a suit nor do the demolishing at the expiration of the time limit, the organ that makes the penalty decision shall, in accordance with law, apply to the People' Court for compulsory enforcement, and the expenses entailed shall be borne by the violators.

  Article 84 Members of land administration departments who neglect their duty, abuse their power or conduct malpractice for personal gain, if the violations constitute crimes, shall be investigated for criminal responsibility in accordance with law; if the violations are not serious enough to constitute crimes, they shall be given administrative sanctions in accordance with law.

  Chapter Ⅷ

  Supplementary Provisions

  Article 85 This Law shall be applicable to land used by Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises. Where laws provide otherwise, the provisions in such laws shall prevail.

  Article 86 This Law shall go into effect as of January 1, 1999

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