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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:
and standards of such fees shall be made public and necessary inspections and checks shall be carried out in light of the circumstances. Peasants or agricultural production and operation organizations shall have the right to refuse to pay fees collected by State organs for handling official business without the basis of 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.

  Any imposition of fines upon peasants or agricultural production and operation organizations by State organs must be based on the provisions of laws or regulations. Peasants or agricultural production and operation organizations shall have the right to refuse to pay any fines imposed upon them by State organs without the basis of laws or regulations.

  No apportionment shall be made by any State organs or units to peasants or agricultural production and operation organizations in any form. Any exaction of manpower, financial resources or materials from peasants or agricultural production and operation organizations shall be categorized as apportionment, except as otherwise provided in laws or regulations. And peasants or agricultural production and operation organizations shall have the right to refuse apportionment in any form.

  Article 19 Raising funds from peasants or agricultural production and operation organizations must be carried out on voluntary basis, and no compulsory fund-raising shall be practised. Peasants or agricultural production and operation organizations shall have the right to refuse any compulsory fund-raising demanded by any State organs or units.

  Article 20 The State shall encourage agricultural economic collectives or other relevant organizations to develop various forms of socialized service undertakings before, during or after agricultural production. Departments in fields such as finance, banking, science and technology, and material resources shall provide support to socialized service undertakings of agricultural production.

  Chapter III Agricultural P

roduction

  Article 21 The State shall take measures in the aspects of finance, means of agricultural production, technology and market information to assist agricultural production and operation organizations or agricultural labourers in developing agricultural production.

  Article 22 The State shall guide agricultural production and operation organizations or agricultural labourers to adjust the structure of agricultural production according to market demands, ensure steady growth of cotton and grain production, achieve all-round development of crop-plantation, forestry, animal husbandry and fishery, and develop an agriculture with high yield, good quality and high benefits.

  The State shall establish production bases of commodity grain and commodity cotton in a planned way.

  Article 23 People's governments at various levels shall map out plans for comprehensive development of agriculture to develop agriculture in width and depth and organize the implementation thereof.

  Article 24 People's governments at various levels and agricultural economic collectives shall take measures to develop township and town enterprises and tertiary industries so as to support the development of agriculture, and to transfer surplus agricultural labour force.

  Article 25 People's governments at various levels and agricultural production and operation organizations shall map out Plans and take measures to organize the construction of irrigation and water conservancy works and shelter forests so as to ensure the steady expansion of farmland with stable yields despite of drought or waterlogging.

  Article 26 People's governments at various levels and agricultural production and operation organizations shall establish and perfect the management system of irrigation and water conservancy works, develop water-saving irrigation facilities, strictly control the appropriation of water resources for irrigation by non-agricultural construction projects and forbid any organizations or individuals to unlawfully appropriate or distract irrigation and water conservancy facilities.

  Article 27 The State shall encourage and support agricultural Production and operation organizations or agricultural labourers to apply advanced and suitable agricultural machinery for the purpose of raising the level of agricultural mechanization.

  Article 28 The State shall encourage and support the processing and comprehensive development and utilization of grains, increase the added value of grains and improve the nutritive structure of people's food.

  Article 29 People 's governments at various levels shall take measures to improve the abilities of battling against natural calamities in agriculture, do a good job in preventing and fighting disasters and relieving the victims thereof, assist the victims to resume their production and carry out mutual assistances and mutual relieves in the society; as to victims who can hardly secure their daily life, the people's governments at various levels shall organize them to provide for and help themselves by engaging in production, and shall extend relieves and assistances to them.

  The State shall give aids to poverty-stricken areas, help them to conduct economic exploitation and improve their conditions of economic development.

  Article 30 People's governments at various levels shall support the development of meterological undertakings in the service of agriculture and enhance the abilities of forecasting meteorological calamities.

  Article 31 The State shall encourage and assist the development of insurance undertakings for agriculture.

  The principle of voluntariness shall be practised in agricultural insurance. No organization or individual may force any agricultural labourer or agricultural production and operation organization to take out agricultural insurance.

  Article 32 The State shall practise

a system of animal and plant epidemic prevention and quarantine. All organizations or individuals must abide by the laws and administrative rules and regulations on animal and plant epidemic prevention and quarantine.

  Article 33 The State shall take measures of macro-regulation and control to maintain a reasonable price ratio between agricultural products and the principal means of agricultural production such as chemical fertilizers, pesticides, agricultural plastic films, agricultural machinery and diesel oil for agricultural use.

  Article 34 People's governments at various levels and agricultural production and operation organizations shall establish and improve the safe-use system of agricultural means of production such as pesticides, veterinary drugs and agricultural machinery which may endanger the safety of persons or livestock, and shall educate agricultural labourers to ensure safety in production.

  Any producer or seller of pesticides, veterinary drugs, chemical fertilizers, seeds, agricultural machinery, agricultural plastic films and other agricultural means of production shall be responsible for the qualities of the products he produces or sells. Any act of passing defective products off as high-quality ones, or passing fake products off as genuine ones, or passing substandard ones off as standard ones, shall be prohibited. The production of such agricultural means of production as pesticides, veterinary drugs and agricultural machinery, which the State has publicly ordered to be obsolete, shall be forbidden.

  Chapter IV Circulation of Agricultural Products

  Article 35 Market regulation shall be gradully practised in the purchasing or selling of agricultural products, and the State shall carry out necessary macro-regulation and control in the purchasing or selling activities of major agricultural products relating to the national economy and the people's livelihood.

  The State Council or the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, empowered by the State Council may entrust relevant management organizations with the purchase of the major agricultural products relating to the national economy and the people's livelihood. The variety and quantity of agricultural products, the purchase of which is so entrusted, shall be prescribed by the State Council or by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government empowered by the State Council.

  The State Council may, when necessary, set the entrustment purchase prices of the specially designated agricultural products.

  Article 36 The State shall practise the protective purchasing price system and establish risk fund for the major agricultural products such as grains relating to the national economy and the people's livelihood.

  The State shall practise a central and local multi-leveled storage and regulation system for the major agricultural products such as grains relating to the national economy and the people's livelihood, and set up reserve funds, establish and perfect the storage and transportation system so as to guarantee the supply and stabilize the market.

  Article 37 The State-owned commercial organizations and the collective commercial organizations such as supply and marketing co-operatives shall strengthen the construction of storage facilities, provide market information, improve the purchasing work, play a role of main channel, and offer service to peasants in their selling of agricultural products.

  The State shall encourage and guide peasants

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