Article 81 Where units or individuals assign, transfer or lease, without
authorization, the right to the use of land owned by peasant collectives for
construction of non-agricultural projects, the land administration departments
of the people's governments at or above the county level shall order them to set
it right within a time limit, confiscate their illegal gains and impose a fine
on them.
Article 82 Units or individuals that, in violation of the provisions of this
Law, fail to register changes in land ownership, land-use right or the purpose
of use of land shall be ordered by the land administration departments of the
people's governments at or above the county level to do it within a time
limit.
Article 83 Construction units or individuals that are ordered, in accordance
with the provisions of this Law, to demolish the structures or other
installations built on illegally used land within a time limit shall stop
construction immediately and do the demolishing themselves. With regard to the
ones that continue to construct, the organ that decides to impose the penalty on
them shall have the right to stop them. Where construction units or individuals
refuse to accept the administrative penalty decision of demolishing the
structures or other installations within a time limit, they may file a suit in a
People's Court within 15 days form the date of receiving the decision. If they
neither file a suit nor do the demolishing at the expiration of the time limit,
the organ that makes the penalty decision shall, in accordance with law, apply
to the People's Court for compulsory enforcement, and the expenses entailed
shall be borne by the violators.
Article 84 Members of land administration departments who neglect their duty,
abuse their power or conduct malpractice for personal gain, if the violations
constitute crimes, shall be investigated for criminal responsibility in
accordance with law; if the violations are not serious enough to constitute
crimes, they shall be given administrative sanctions in accordance with law.
Chapter VIII Supplementary Provisions
Article 85 This Law shall be applicable to land used by Chinese-foreign
equity joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises. Where laws provide otherwise, the provisions in
such laws shall prevail.
Article 86 This Law shall enter into force as of January 1, 1999.
Appendix: Related articles in the Criminal Law:
Article 228 Illegal transfer or trade of land use right for personal gains in
violation of the land administrative law and regulations shall be sentenced to a
prison term of less than three years or to forced labor, with a concurrent fine
amounting to more than 5% and less than 20% of the proceeds from the illegal
transfer or trading whereas the case is serious enough, and whereas the case is
very serious, it shall be sentenced to a prison term ranging from more than
three years to less than seven years, with a fine ranging from more than 5% to
less than 20% of the proceeds from the illegal transfer or trading of the land
use right.
Article 342 Illegal turning of cultivated land occupied into other uses in a
big amount to cause damages to large tracts of cultivated land in violation of
the land administrative law and regulations, a punishment of from less than five
years' in prison or forced labor shall be given, together with a fine
concurrently or separately.
Article 410 Whereas government functionaries are found to have committed
deception or forgery for personal gains in violation of the land administrative
law and regulations or have abused their power to illegally approve the
requisition of land or under-sell the use right of State-owned land and the
cases are serious, a punishment of less than three years in prison or forced
labor shall be given; whereas the cases have caused very big losses to the State
or collectives, a prison term ranging from more than three years to less than
seven years shall be meted out.
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