Agriculture Law of the Peoples Republic of China 中华人民共和国农业法
2009-03-24 法律英语 来源:互联网 作者: ℃(Adopted at the Second Meeting of the Standing Committee of the Eighth National People's Congress on July 2, 1993, promulgated by Order No. 6 of the President of the People's Republic of China on July 2, 1993, and effective as of July 2, 1993)
时效性:失效 颁布日期:19930702 实施日期:19930702 失效日期:20030301 颁布单位:全国人大常委会
Contents
Chapter I General Provisions
Chapter II System of Agricultural Production and Operation
Chapter III Agricultural Production
Chapter IV Circulation of Agricultural Products
Chapter V Input to Agriculture
Chapter VI Agricultural Science and Technology, and Agricultural Education
Chapter VII Agricultural Resources and Agricultural Environmental Protection
Chapter Ⅷ Legal Liability
Chapter Ⅸ Supplementary Provisions
Chapter Ⅰ General Provisions
Article 1 This Law is formulated with a view to ensuring the fundamental position of agriculture in the national economy, developing the socialist market economy in rural areas, safeguarding the lawful rights and interests of agricultural production and operation organizations and agricultural labourers, and promoting the continuous, steady and coordinated growth of agriculture.
Article 2 The State adheres to the guiding principle of taking agriculture as the foundation in developing the national economy.
The State shall adopt measures to ensure the steady development of agriculture.
The main object in developing agriculture is to actively develop the socialist market economy in rural areas, further emancipate and develop the rural productive forces, develop and utilize the rural labour force, land and various resources, increase effective supplies of agricultural products, and satisfy the demands of the people's life and the development of social economy; and on the basis of the development of production, to increase the income of agricultural labourers, raise their living standards, build a new countryside of common prosperity and civilization and gradually realize agricultural modernization.
“Agriculture” as mentioned in this Law means crop-plantation, forestry, animal husbandry and fishery.
“Agricultural production and operation organizations” mentioned in this Law mean agricultural economic collectives, State-owned agricultural enterprises or other agricultural enterprises.
Article 3 Land in rural and suburban areas is owned by collectives except for those portions belonging to the State, that is, to the whole people, as stipulated by relevant laws. Forests, mountains, grasslands, unreclaimed lands, beaches, waters and other natural resources are owned by the State, with the exception of the forests, mountains, grasslands, unreclaimed lands and beaches that are owned by collectives in accordance with the law.
Article 4 The right to the use of State-owned lands or collective owned lands may be transferred according to law. No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means.
People's governments at various levels must value and make a rational use of land, and earnestly protect cultivated land. Acts of unlawful appropriation of cultivated land or misuse of land shall be prohibited.
Article 5 In rural areas, socialist economy under public ownership shall be taken as the main sector, and meanwhile diversified economic sectors shall be developed jointly so as to prosper rural economy.
Article 6 The State shall stabilize the rural responsibility systems, the main form of which is the household output-related system of contracted responsibility, perfect the two-level operation system of the household contract responsibility system supplemented by unified management, develop socialized service systems, expand actual strength of collective economy, and l
ead peasants to the load of common prosperity.
Article 7 The State shall vitalize agriculture by relying on the progress of science and technology and on the development of education.
Article 8 The State shall develop water conservancy undertakings and industries of means of agricultural production so as to ensure the material supplies for the steady growth of agricultural production.
Article 9 The State shall award the units or individuals that have made remarkable achievements in the development of agriculture.
Article l0 People's governments at various levels must attach great importance to the agricultural work, assume the responsibility of organizing in a unified way all the relevant departments and the whole society to support agriculture, and well perform all the work related to the development of agriculture and serving the development of agriculture.
The departments in charge of agriculture under the State Council shall, in accordance with their respective functions and duties, be responsible for the nation-wide agricultural work. Other relevant departments under the State Council shall, within the scope of their respective functions and duties, be responsible for the relevant nation-wide work in the service of agricultural production and operation.
The departments in charge of agriculture under local People's governments at or above the county level shall, in accordance with their respective functions and duties, be responsible for the relevant agricultural work in their administrative areas. Other relevant departments under local people's governments at or above the county level shall, within the scope of their respective functions and duties, be responsible for the relevant work in the service of agricultural production and operation.
Chapter II System of Agricultural Production and Operation
Article 11 Collective-owned land shall be owned collectively by the peasants of the village according to law, and shall be operated and managed by agricultural economic collectives of the village or by the villagers committee. Land that has already been under the ownership of peasant economic collectives of a township (or town) may be owned collectively by the peasants of the township (or town)。
If land collectively owned by the peasants of a village has been respectively under the ownership of two or more agricultural economic collectives in the village, such land may be collectively owned by the peasants of the respective agricultural economic collectives.
Article 12 Lands, mountains, grasslands, unreclaimed lands, beaches and water surfaces owned by collectives or the State and exploited by agricultural economic collectives, may be contracted to individuls or collectives for agricultural production. State-owned or collective-owned waste hills or unreclaimed lands suitable for afforestation may be contracted to individuals or collectives for afforestation. The right of individuals or collectives to undertake operation by contract shall be protected by law. The party awarding contract and the contractor shall conclude an agricultural contract to define the rights and duties of both parties.
Article l3 Contractors shall, except as otherwise agreed upon in agricultural contracts, enjoy the decision-making power in production and operation, the right of disposition of their products and the right of remuneration, and at the same time must fulfil the duties agreed on in the contracts. In case a contractor contracts for afforestation of waste hills and unreclaimed lands suitable for afforestation, provisions of the Forestry Law shall be followed.
With consent of the party awarding the contract, the contractor may, within the period of the contract, sub-contract the lands, mountains, grasslands, unreclaimed lands, beaches and water surfaces he has contracted for, and may also transfer the lights and duties agreed
upon in the agricultural contract to a third party.
At the expiration of a contract, the contractor shall enjoy priority in further contracting for the lands, mountains, grasslands, unreclaimed lands, beaches and water surfaces for which he originally contracted.
In case a contractor deceases during the term of a contract, the successor of the deceased contractor may continue the contract.
Article 14 Agricultural economic collectives or villagers committees shall provide production services to individuals or collectives that have contracted for the lands, mountains, grasslands, unreclaimed lands, beaches or water surfaces.
Article l5 The State shall encourage individuals or collectives to contract to develop and rehabilitate waste hills, unreclaimed lands or waste beaches, and shall protect the contractors' lawful rights and interests.
Article l6 Peasants shall pay taxes in accordance with the law, and pay the expenses retained for the village 's collective undertakings and fees for unified management of township public undertakings according to law, and shall afford compulsory labours and accumulated labours for the public undertakings in rural areas according to law.
Article 17 The State shall protect the lawful properties of peasants or agricultural production and operation organizations from violation.
Article l8 Any collection of fees from peasants or agricultural production and operation organizations by State organs for handling official business must be based on laws or regulations or decisions made by the competent departments empowered by the State Council, or the provisions of rules formulated by the people's governments at the provincial level, and such rules must be reported to the State Council for the record. The scopes
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