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

llegally occupied and used land within the specified time period pursuant to the provisions of this Law must stop construction forthwith and dismantle them themselves; organs that make the penalty decisions have the power to stop those that continue construction. Construction units or individuals that refuse to obey the decisions of administrative penalty on dismantling within the specified time period may, within 15 days starting from the date of receipt of the decision of ordering the dismantling within the specified time period, file a suit at a people's court; the unit or individual that neither takes legal action nor dismantles itself/himself/herself on expiry, the organ that has taken the decision on penalty shall apply to a people's court for compulsory enforcement, and the expenses shall be borne by the violator of law.

　　Article 84 Functionaries of competent departments of land administration that neglect their duties, abuse their power and indulge in malpractices for selfish gains 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.

　　Chapter VIII Supplementary Provisions

　　Article 85 This Law shall be applicable to the use of land by Sino foreign joint ventures, Sino-foreign cooperative ventures and enterprises owned by foreign capital; where laws have separate provisions, those provisions shall prevail.

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

　　APPENDIX: RELEVANT ARTICLES OF THE <

　　Article 228 Whoever illegally transfers and sells land use right with profit-making as the purpose in violation of land administration regulations when the circumstances are serious shall be sentenced to imprisonment under three years or hard labor in detention, and concurrently imposed a fine of more than 5% less than 20% of the amount of the illegally transferred and sold land use right price; where the circumstances are extremely serious, a sentence of more than three years less than seven years shall be passed, and a fine of more than 5% less than 20% of the amount of the illegally transferred and sold land use right price concurrently imposed.

　　Article 342 Whoever illegally occupies and uses cultivated land and turns it into other uses in a big amount resulting in great destruction of cultivated land in violation of land administration regulations shall be sentenced to imprisonment under five years or hard labor in detention, and concurrently or separately imposed a fine.

　　Article 410 Functionaries of state organs who indulge in malpractices for selfish gains, abuse power in illegally approving requisition and occupation of land or illegally transfer the right to use of state-owned land at a low price in violation of land administration regulations where the circumstances are serious, shall be sentenced to imprisonment under three years or hard labor in detention; whoever causes extremely great losses to state or collective interests shall be sentenced to more than three years less than seven years of imprisonment

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