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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:
to engage in various forms of circulation activities of agricultural products. Agricultural production and operation organizations and agricultural labourers may, in accordance with the relevant provisions of the State, engage in activities of purchasing, processing, wholesaling, traffic

king and retailing of agricultural products.

  Article 38 The State shall encourage and support enterprises, institutions and individuals to engage in transregional or inter-trade joint operational activities in producing, processing or selling of agricultural products according to law.

  Article 39 The State shall support the establishment and development of rural fairs and wholesale markets for agricultural products.

  Wholesale markets for agricultural products shall have transaction regulations. No administrator of wholesale market for agricultural products may participate in the transactions of the wholesale market for agricultural products.

  Article 40 Agricultural production and operation organizations and other economic organizations properly qualified may acquire the managerial power of foreign trade with approval granted in accordance with the regulations of the State Council, and engage in import and export trade of agricultural products.

  Article 4l People's governments at or above the county level shall organize the relevant departments and units such as those of finance, banking, grain, supply and marketing to raise in time enough funds for purchasing agricultural products. NO unit or individual may intercept or misappropriate such funds.

  Units purchasing agricultural products must, at the time of purchasing, pay off the money to the agricultural production and operation organizations or peasants who sell their agricultural products.

  No units purchasing agricultural products may, at the time of purchasing, beat down the grade or price of agricultural products or deduct any costs from the payment. Any withholding of taxes to be made under laws or administrative rules and regulations shall be handled in accordance with the provisions of relevant laws or administrative rules and regulations.

  Chapter V Input to Agriculture

  Article 42 The State shall gradually increase the overall input to agriculture. The growing rate of the annual overall input to agriculture by the national finance shall be higher than that of regular national revenue.

  The State shall take measures to promote the further exploitation of foreign capitals in agriculture.

  Article 43 People's governments at or above the county level shall, in accordance with the relevant provisions of the State, establish special agricultural funds for agricultural development, forest cultivation and construction of special projects such as water conservancy facilities.

  Article 44 The State shall, by such means as taxation, price, credit and loan, encourage and guide the agricultural production and operation organizations and agricultural labourers to increase their input to agriculture.

  The State shall encourage and support agricultural production and operation organizations and agricultural labourers to raise agricultural funds on voluntary basis and by various ways.

  Article 45 The input to agriculture by the State shall be used in the following infrastructure and engineering projects: key projects for harnessing big rivers and lakes, large-scale water conservancy projects for flood and waterlogging control, diversion and irrigation, major infrastructure facilities for agricultural production and circulation of agricultural products, production bases of commodity grain, commodity cotton and timber forest, projects for shelter-forest, and fundamental facilities for agricultural education, agricultural scientific research, popularization of technology and meteorology.

  Agricultural production and operation organizations and agricultural labourers shall put in fund and labour accumulation in input to agricultural production and capital construction such as irrigation and water conservancy works, and the State shall grant support thereto.

  Article 46 The State shall, by such means as taxation, credit and loan, encourage and

support the development of industries of means of agricultural production, and make efforts to meet the needs of agricultural production for means of agricultural production such as chemical fertilizers, pesticides, veterinary drugs, agricultural plastic films and agricultural machinery.

  Article 47 People's governments at various levels shall strengthen their control over the application of the agricultural funds of the State and guide the agricultural economic collectives to make a rational use of their collective funds.

  No unit shall intercept or misappropriate the funds for agriculture allocated by people's governments at various levels or agricultural loans by banks.

  Chapter VI Agricultural Science and Technology, and Agricultural Education

  Article 48 People's governments at various levels shall steadily increase the expenditure on agricultural science and technology and on agricultural education to promote agricultural science and technology as well as agricultural education undertakings.

  The State shall encourage economic collectives, State-owned enterprises and institutions, and other social forces to engage in agricultural science and technology as well as agricultural education undertakings.

  The relevant departments under the State Council shall make overall planning for the basic research, applied research and high technology research of agricultural science and technology, organize joint tackling of major projects, and promote the international co-operation and exchanges of agricultural science and technology.

  Article 49 The State shall implement compulsory education in the countryside, develop professional education of agriculture and enhance the cultural and technical qualifications of agricultural labourers.

  Article 50 The State shall support the popularization of agricultural techniques to promote the prompt application of advanced agricultural techniques to agricultural production.

  Setups for popularizing agricultural techniques shall coordinate with units of agricultural scientific research and education to popularize advanced agricultural techniques.

  Article 51 The State shall afford preferential treatments in respect of taxation, credit and loan to enterprises initiated for the service of agriculture by setups for popularizing agricultural techniques, units of agricultural scientific research and relevant schools.

  Article 52 People's governments at various levels shall take measures to reinforce and strengthen the contingent of agricultural science and technology, education and popularization of agricultural techniques, safeguard and improve the working and living conditions and better the treatment of the professional scientific and technological personnel engaged in the work of popularizing agricultural techniques and shall, in accordance with the provisions of the State, give subsidies to such personnel and encourage them to contribute their services to agriculture.

  Article 53 The State shall encourage peasants to apply the advanced agricultural techniques and support them to form various kinds of scientific and technological organizations.

  Chapter VII Agricultural Resources and Agricultural

  Article 54 In the development of agriculture, resources must be utilized in a rational way and the ecological environment must be protected and improved.

  People's governments at various levels shall draw up plans for regionalization of agricultural resources, programmes for agricultural environmental protection and plans for the development of rural energy, and organize the rehabilitation of the agricultural ecological environment.

  Article 55 People's governments at or above the county level shall delimit protection areas of basic farmlands, and carry out special protection for the cultivated lands within the protection areas of basic farmlands. The specific m

easures therefor shall be stipulated by the State Council.

  People's governments at or above the county level shall take measures to strengthen the development and rehabilitation of barren hills, unreclaimed lands and desolated beaches.

  Agricultural production and operation organizations and agricultural labourers shall keep good maintenance of their lands, make a rational use of chemical fertilizers and pesticides, increase their application of organic fertilizers so as to improve soil fertility and prevent the land from pollution, destruction and soil fertility declination.

  Article 56 The State shall, in the work of water and soil conservation, implement the policy of prevention first, overall planning, comprehensive prevention and control, adoption of measures suited to local conditions, strengthening management and laying stress on beneficial results. People's governments at various levels shall take measures to strengthen the rehabilitation of small river basins, control hazards of sandstorms, prevent and control soil erosion and desertification.

  Destroying forest or burning vegetation for land reclamation, or building dykes to reclaim land from a lake or reclaiming slopes banned by the State shall be prohibited.

  Article 57 The State shall implement the system of compulsory tree-planting in the whole nation. People's governments at various levels shall take measures to organize the masses to plant trees, protect forests and prevent fires, control plant diseases and inse

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