中华人民共和国土地管理法(第二次修正) Land Administration Law of the Peoples Republic of China
2009-03-24 法律英语 来源:互联网 作者: ℃(2)to demand the unit or individual under inspection to make explanations concerning questions relating to land right;
(3)to enter the site illegally occupied and used by the unit or individual under inspection for a survey; and
(4)to order the unit or individual illegally occupying and using the land to stop acts in violation of land administration laws and regulations.
Article 68 Functionaries of land administration supervision and inspection should, in fulfilling duties and responsibilities, deem it necessary to enter a site for survey, demand the unit or individual concerned to provide documents and materials and make explanations, produce identification papers for land administration supervision and inspection.
Article 69 Units and individuals concerned should support, cooperate with and facilitate the supervision and inspection conducted by competent departments of land administration of people's government at or above the county level on illegal acts related to land and must not refuse and obstruct functionaries of land administration supervision and inspection in the discharge of duties according to law.
Article 70 Competent departments of land administration of people's governments at and above the county level should, upon uncovering of illegal acts by state functionaries in the work of supervision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law.
Article 71 Competent departments of land administration of people's governments at and above the county level should, on uncovering of illegal acts related to land that constitute a crime in the work of supervision and inspection, transfer the case(s) to the organ concerned for investigation of criminal liability according to law; where a crime has not been constituted, administrative penalty should be imposed according to law.
Article 72 Where an administrative penalty should be imposed pursuant to the provisions of this Law and the competent department of land administration has failed to impose the administrative penalty, the competent department of land administration of people's government at the next higher level has the power to order the competent department of land administration to take a decision on the administrative penalty or directly impose
the administrative penalty, and impose administrative sanctions on the person in-charge of the competent department of land administration concerned.
Chapter VII Legal Liability
Article 73 Whoever illegally transfers land by buying and selling or in other forms shall be confiscated of the illegal gains by the competent department of land administration of people's government at or above the county level; whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally transferred land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally transferred land shall be confiscated; and may concurrently be imposed a fine; the person-in-charge directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 74 Whoever occupies and uses cultivated land for building kiln(s) and tomb(s) or building house(s), digging sand, quarrying, mining and gathering earth on cultivated land without authorization, destroying conditions for cultivation or resulting in desertification and salinization of the land due to land development in violation of the provisions of this Law, shall be ordered by the competent department of people's government at or above the county level to make a rectification or effect treatment within the specified time period, and may concurrently be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 75 Whoever refuses to fulfil the obligation of land reclamation in violation of the provisions of this Law shall be ordered by the competent department of land administration of people's government at or above the county level to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be ordered to pay the reclamation fee to be used specifically for land reclamation, and may be imposed a fine.
Article 76 Whoever illegally occupies and uses land without approval or obtains approval by deceitful means shall be ordered by the competent department of land administration of people's government at or above the county level to return the illegally occupied and used land, whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally occupied and used land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally occupied and used land shall be confiscated and may concurrently be imposed a fine; administrative sanctions shall be imposed according to law on the person-in-charge directly responsible and other personnel directly responsible of the unit that illegally occupies and uses the land; where a crime has been constituted, criminal liability shall be investigated according to law.
For occupation and use of land exceeding the approved amount, the land thus occupied shall be construed and handled as illegally occupied and used land.
Article 77 Villagers in rural areas who illegally occupy and use land for building residences without approval or obtain approval by deceitful means shall be ordered by the competent departments of people's governments at or above the county level to return the illegally occupied and used land, and dismantle the newly-
built houses on the illegally occupied and used land within the specified time period.
The land occupied exceeding the standards set by the provinces, autonomous regions and municipalities directly under the Central Government shall be construed and handled as illegally occupied and used land.
Article 78 Units or individuals without power to approve requisition and use of land that illegally approve occupation and use of land, those that illegally approve occupation and use of land exceeding the limits of authority of approval, those that approve land use not in conformity with the uses determined by the overall planning for land utilization, or those that approve occupation and requisition of land in contravention of the legal procedures, their approval documents shall be null and void, the persons-in-charge directly responsible and other personnel directly responsible who illegally approve requisition and use of land shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law. The illegally approved and used land should be taken back, the party interested that refuses to return the land shall be construed and handled as illegal occupation and use of land.
Whoever illegally approves requisition and use of land causing losses to the party interested shall bear liability of compensation according to law.
Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Article 80 The party interested that refuses to hand over the land for withdrawal of the right to use of state-owned land according to law, the party interested that refuses to return the land on expiry of temporary use of land, or the party interested that uses state-owned land not in accordance with the approved use shall be ordered by the competent departments of land administration of people's governments at or above the county level to return the land and a fine imposed.
Article 81 Whoever transfers, retransfers or rents out the right to use of the land collectively owned by peasants for non-agricultural construction without authorization shall be ordered by the competent department of land administration of people's government at or above the county level to make a rectification within the specified time period, confiscated of the illegal gains and concurrently imposed a fine.
Article 82 Whoever fails to go through change in registration of land pursuant to the provisions of this Law shall be ordered by the competent department of land administration of people's government at or above the county level to complete the formalities within the specified time period.
Article 83 Construction units or individuals that have been ordered to dismantle the newly-built constructions and other facilities on the i
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