Article 71 Where land administration departments of the people's governments
at or above the county level, in the course of supervision and inspection, find
that violations of the laws and regulations governing land administration
constitute crimes, they shall transfer the cases to the departments concerned,
which shall conduct investigation for criminal responsibility in accordance with
law; if the violations are not serious enough to constitute crimes, the said
departments shall impose administrative penalties in accordance with law.
Article 72 Where a land administration department fails to impose
administrative penalties on violators as is required by the provisions of this
Law, the land administration department of the people's government at a higher
level shall have the right to order the former to decide on imposition of
administrative penalties or directly impose the penalties itself and give
administrative sanctions to the persons in charge of the former.
Chapter VII Legal Responsibility
Article 73 If units or individuals illegally transfer land through buying,
selling or other means, their unlawful gains shall be confiscated by the land
administration departments of the people's governments at or above the county
level. If units or individuals, in violation of the overall plan for land
utilization, convert land for agriculture to land for construction, they shall
demolish, within a time limit, the structures and other installations built on
the illegally transferred land and put the land back to its original state; if
the conversion happens to conform to the overall plan for land utilization, the
structures and other installations built on the land shall be confiscated; and
the units or individuals may also be fined; the persons directly in charge and
other persons directly responsible shall be given administrative sanctions in
accordance with law. If the violations constitute crimes, criminal
responsibility shall be investigated in accordance with law.
Article 74 Units or individuals that, in violation of the provisions of this
Law, build kilns or graves on cultivated land or, without authorization, build
houses, dig sand, quarry, mine or collect earth on or from the cultivated land,
thus severely damaging the conditions for crop cultivation, or develop land,
thus causing desertification or salinization, shall be ordered by the land
administration departments of the people's governments at or above the county
level to set it right or bring desertification or salinization under control
within a time limit and may also be fined. If the violations constitute crimes,
criminal responsibility shall be investigated in accordance with law.
Article 75 Units or individuals that, in violation of the provisions of this
Law, refuse to fulfill their obligation of land recultivation 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. If they fail to do so, they shall
be ordered to pay charges for recultivation, which shall exclusively be used for
the purpose, and they may be fined.
Article 76 Units or individuals that illegally occupy and use land without
approval or with approval obtained by fraudulent means shall be ordered by the
land administration departments of the people's governments at or above the
county level to return such land; the ones that, in violation of the overall
plan for land utilization, convert the land for agriculture to land for
construction shall be ordered to demolish the structures and other installations
built on the illegally occupied land within a time limit and put the land back
to its original state; with regard to the ones that convert land for agriculture
to land for construction, which happens to conform to the overall plan for land
utilization, the structures and installations built on such land shall be
confiscated, and they may also be fined; and the persons directly in charge of
the said units and other persons directly responsible for the violations shall
be given administrative sanctions in accordance with law; if the violations
constitute crimes, criminal responsibility shall be investigated in accordance
with law.
Where the land used exceeds the amount approved, the excessive portion shall
be treated as land illegally used.
Article 77 Villagers who illegally occupy and use land to build residences
thereon without approval or with approval obtained by fraudulent means shall be
ordered by the land administration departments of the people's governments at or
above the county level to return such land and demolish, within a time limit,
the houses built on the land.
Where the land used exceeds the limits fixed by provinces, autonomous regions
and municipalities directly under the Central Government shall be treated as
land illegally used.
Article 78 Where units or individuals that have no authority to approve
requisition or use of land unlawfully approve the use of land, or they do so by
overstepping their authority of approval, or they approve the use of land at
variance with the purposes defined in the overall plan for land utilization, or
they approve the requisition or use of land in violation of the procedure
prescribed by law, the documents of such approval shall be void and the persons
directly in charge of and other persons directly responsible for illegally
approving such requisition and use of land shall be given administrative
sanctions in accordance with law. If the violations constitute crimes, criminal
responsibility shall be investigated in accordance with law. If the violations
constitute crimes, criminal responsibility shall be investigated in accordance
with law. The land illegally approved for use shall be taken back. If the
parties concerned refuse to return the land, they shall be regarded as illegal
land users.
Units or individuals that cause losses to the parties by illegally approving
requisition or use of land shall bear the liability to pay compensation in
accordance with law.
Article 79 Whoever embezzles or misappropriates the compensation or other
relevant charges paid to a unit whose land is requisitioned, if the violation
constitutes a crime, shall be investigated for criminal responsibility in
accordance with law; if the violation is not serious enough to constitute a
crime, he shall be given administrative sanctions in accordance with law.
Article 80 If the parties that have the right to the use of State-owned land
refuse to surrender the land when it is to be taken back in accordance with law,
or refuse to return the land at the expiration of the period for its temporary
use, or fail to use the land in keeping with the purposes approved, the land
administration departments of the people's governments at or above the county
level shall order them to return the land and impose a fine on them.
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