People's Republic of China presidential order 74th
The Standing Committee of the national people's Congress to amend of People's Republic of China agricultural law decision by the People's Republic of China the 30th meeting of the Standing Committee of the 11th NPC on December 28, 2012, are hereby promulgated and, as of January 1, 2013.
People's Republic of China President Hu Jintao
December 28, 2012 the national people's Congress Standing Committee on the revision of the People's Republic of China agriculture law decision
(December 28, 2012 adopted by the 30th session of the Standing Committee of the 11th NPC) 30th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China agricultural Act read as follows: Article the 51st, amended to read: "the national agro-technical popularization setups shall be established by relying on experimental demonstration base of agricultural technology, required for public promotion and demonstration of key technologies of public duties, peasants or agricultural production and operation organizations provide free agricultural technology service.
” Second, the 52nd paragraph amended as: "agricultural research institutions, schools, farmers ' cooperatives, agriculture-related enterprises, mass organizations of science and technology and related scientific and technical personnel, according to peasants or agricultural production and operation organizations needs, you can provide a free service, or through the transfer of technology, technical services, Contracting, consulting and technology shares and other forms of technology, reimbursement for the services provided, the legitimate benefits. Related to agricultural research institutes, schools, specialized farmer cooperatives, agricultural enterprises, mass organizations of science and technology and related scientific and technological personnel should improve the level of service, guaranteed quality of service.
” Third paragraph amended as: "the State shall encourage and support farmers, supply and marketing cooperatives, other enterprises and institutions involved in agricultural extension work.
”
This decision shall enter into force on January 1, 2013.
People's Republic of China agriculture law under this decision be revised and republished.
People's Republic of China agricultural law (July 2, 1993 session of the second meeting of the Standing Committee of the national people's Congress on December 28, 2002, the 31st meeting of the Standing Committee of the ninth amendment on August 27, 2009 11th session of the tenth meeting of the Standing Committee of the national people's Congress to amend parts of the law are decided first amended on December 28, 2012, the 11th of the 30th meeting of the Standing Committee of the national people's Congress to amend
People's Republic of China decision on second amendment to farm bill)
Directory
Chapter I General provisions
Chapter II agriculture production management system
Chapter III agricultural production
The fourth chapter the circulation of agricultural products and processing
The fifth chapter on food security
Sixth chapter of agricultural inputs and support the protection of
The seventh chapter of agricultural science and technology and agricultural education
Eighth chapter of agricultural resources and agricultural environmental protection
Nineth part to protect farmers ' rights
The tenth chapter of rural economic development
The 11th chapter law enforcement and supervision
12th chapter legal liability
The 13th chapter by-laws
Chapter I General provisions
First in order to consolidate and strengthen the position of agriculture in the national economy, deepening rural reform, development of agricultural productivity, promote agricultural modernization, maintaining the lawful rights and interests of peasants or agricultural production and operation organizations, increase farmers ' income, improve the scientific and cultural quality of farmers and promoting agriculture and sustainable, stable and healthy development of the rural economy, and achieve the goal of building a well-off society, this law is enacted.
Referred to in article II of this law of agriculture refers to farming, forestry, animal husbandry and fishery industries, including directly related with the prenatal, delivery and postnatal services.
Agricultural production and operation organizations in this law refers to the rural collective economic organizations, farmers ' specialized cooperative economic organization, and other organizations involved in agricultural production and management of agricultural enterprises.
Third countries put Agriculture on top of the development of the national economy. Agricultural and rural economic development of basic target is: established adapted development socialist market requirements of rural economy, constantly liberation and development rural productivity, improve agricultural of overall quality and benefits, ensure agricultural supply and quality, meet economy development and population growth, and life improved of needs, improve farmers of income and living, promote rural surplus labor to non-agricultural industry and town transfer, narrowed urban and rural difference and regional difference, construction rich, and democratic, and civilization of Socialist new rural,
Gradually realize agricultural and rural modernization.
Fourth State to take measures to ensure that agricultural work better in providing the raw materials for the food, and other agricultural products, maintain and improve the ecological environment, promoting rural economic and social development, and many other roles.
Fifth State shall uphold and improve the public ownership is dominant, diverse forms of ownership develop together the basic economic system, revitalizing the rural economy.
National long-term stability of rural household contract management-Foundation, combines unified and separated the two-tier management system, development of the social service system, strengthen the collective economic strength and guide the peasants to take the road to common prosperity.
National rural adhering to and perfecting the distribution according to work is dominant and a variety of modes of distribution coexist system.
Sixth State adheres to policy of vitalizing agriculture and agricultural sustainable development.
States to take measures to strengthen agriculture and rural infrastructure construction, adjusting and optimizing the structure of agriculture and the rural economy, promote the industrialization of agriculture, develop agricultural science and technology, education, protection of the agro-ecological environment, promoting agricultural mechanization and Informationization, improving overall agricultural production capacity.
Seventh national protection of peasants or agricultural production and operation organizations property and other lawful rights and interests are not violated.
People's Governments at all levels and the departments concerned should take measures to increase farmers ' income, to lighten the peasants ' burden.
Article eighth the whole society should pay high attention to agriculture, support to agricultural development.
States on the development of agriculture and rural economic units and individuals who have made significant achievements and reward.
Nineth levels people's Government is responsible for agriculture and rural economic development work, organization departments and the whole community must develop agriculture and working for the development of agriculture.
Departments of agriculture administration under the State Council of the national agricultural and rural economic development, forestry administrative departments and other departments concerned within the scope of their respective duties, responsible for work related to the agricultural and rural economic development. Agriculture administration departments of the local people's Governments at or above the county level shall be responsible for the administrative area of farming, animal husbandry, fisheries, agriculture and rural economic development, forestry administrative departments responsible for forestry work within their respective administrative areas.
Local people's Governments at or above the county level in other relevant sectors within the scope of their respective duties, be responsible for the administrative area for agricultural production and management services related to the work.
Chapter II agriculture production management system
Tenth State practices in rural land contract responsibility system, protect the rural land contract relations of long-term stability, protect farmers ' right to contract land.
Rural land contracting and management methods, duration, employer and contractor's rights and obligations, such as protection of the right to land contractual management and transfer, application of the People's Republic of China land administration law and the People's Republic of China rural land contract law.
Rural collective economic organizations shall, on the basis of household contract management, administer the collective assets, to provide its members with production, technology, information and other services, rational development, use of collective resources and growing economic strength.
11th State encouraged peasant household contract management on the basis of voluntary professional cooperative economic organization.
Members of the farmers ' professional cooperative economic organizations should adhere to service purposes, according to join the free will, freedom of exit and return of surplus management, principles of democracy and law in agricultural production within the scope of its statutory operations and services activities. Farmer's specialized cooperative economic organizations can take many forms, established by law shall be registered.
No organization or individual may infringe upon farmers ' specialized cooperative economic organization of property ownership.
12th peasants or agricultural production and operation organizations can voluntarily in accordance with democratic management, and share profits according to the principle of combining distribution according to work, such as financial, technical and physical investment, set up all kinds of enterprises according to law.
13th State to take measures for the development of various forms of industrialized operation of agriculture, encourage and support the peasants or agricultural production and operation organizations to develop production, processing and marketing operations.
National guidance and support to engage in agricultural production, processing and distribution services for enterprises and research institutes and other organizations, by working with farmers or farmers ' specialized cooperative economic organizations enter into a contract or established businesses of all kinds, such as forms, form revenue-sharing, risk-sharing community of interests, promote agricultural industrialization, promote the development of agriculture.
14th peasants or agricultural production and operation organizations in accordance with laws, administrative regulations, the establishment of agricultural products trade association, providing members with information, technology, production, marketing, training and other services, its coordination and self-discipline, submitted applications for relief measures for trade in agricultural products, and protecting the interests of members and the industry.
Chapter III agricultural production
15th people's Governments above the county level in accordance with national economic and social development of medium-and long-term planning, basic objectives for the development of agriculture and rural economy and agriculture resources and regional planning, agricultural development planning.
Departments of agriculture administration under the people's Governments above the provincial level agricultural development planning, taking measures to regional advantages, promoting a rational regional distribution of agricultural production, direction and coordination of agriculture and rural economic structural adjustment.
16th State Guide and support peasants or agricultural production and operation organizations with local conditions in accordance with market demand, adjust and optimize the structure of agricultural production, coordinating the development of farming, forestry, animal husbandry and fisheries, to develop high quality, high yield and high-benefit agriculture and improve the international competitiveness of agricultural products.
Planting in order to optimize the varieties, improving quality, increasing efficiency as the Center, adjust structure, crop varieties and quality structures.
Strengthening the construction of forestry ecological, natural forest protection and returning farmland to forest and sand prevention and control project, strengthening the construction of protection forest system, accelerating to create fast-growing and high-yield plantation, industrial raw material forests and forest.
Strengthening the protection and construction, speed up the development of animal husbandry to promote captive breeding and feeding, improving livestock breeds, positive development of the feed industry and animal product processing industry.
Fisheries production should be the protection and rational use of fisheries resources, adjustment of fishing structure, develop aquaculture, offshore fishing and aquatic products processing.
The people's Governments above the county level shall develop policies and allocate funds, guide and support the adjustment of agricultural structure.
17th people's Governments at various levels shall take measures to strengthen the comprehensive development of agriculture and water conservancy, agricultural eco-environmental protection, agricultural products, rural roads, rural energy and power grid storage and circulation, fishing ports, grassland fence, flora and fauna, such as original seeds base of agricultural and rural infrastructure construction, improve the conditions for agricultural production, protect and enhance the comprehensive agricultural production capacity. 18th State to support plant and animal species breeding, production, updating and promotion of seed used to encourage breeding and production, operating a combination and implementation of improved variety of seed engineering and animal projects.
The State Council and people's Governments of provinces, autonomous regions and municipalities to set up a special fund used to support plant and animal breeding and extension of improved varieties.
19th people's Governments at various levels or agricultural production and operation organizations should strengthen the construction of irrigation and water conservancy facilities, establishing and perfecting the management system of irrigation and water conservancy facilities, water conservation, and development of water-saving agriculture, strictly control the construction of non-agricultural occupation of irrigation water, no organization or individual is prohibited illegal occupation or destruction of irrigation and water conservancy facilities.
State water-deficient areas focus of development of water-saving agriculture to give support.
20th the State encourages and supports the peasants or agricultural production and operation organizations use advanced, application of agricultural machinery, strengthening the safety management of agricultural machinery, improve agricultural mechanization level.
State purchases advanced agricultural machinery to peasants or agricultural production and operation organizations support.
21st people's Governments at various levels should support for the development of agro-meteorological service, increased monitoring and prediction of meteorological disasters.
22nd State to take measures to improve the quality of agricultural products, establish and improve agricultural product quality standard system and quality inspection and supervision system, in accordance with the relevant technical specifications, operational procedures and the quality of health and safety standards, and organization of agricultural production and operation, guarantees the quality and safety.
23rd national support according to law, improve the system of quality certification and labeling of agricultural products. State shall encourage and support the development of high quality agricultural products.
Local people's Governments at or above the county level should according to local conditions, in accordance with the relevant provisions of the State to take measures to develop high quality agricultural products. Comply with the national standards of quality agricultural products in accordance with the laws or administrative regulations applications for use of the logo.
Meet the origin and production standards of agricultural products may, in accordance with the relevant laws or administrative regulations apply for the use of geographical indications of agricultural products.
24th national introduction of animal epidemic prevention and quarantine system, improve plant and animal epidemic prevention and quarantine system, strengthening animal disease and plant diseases, insect pests, weeds, pest monitoring, early warning, prevention, established major animal disease and plant pest quickly put out mechanisms, building animal provides disease-free areas, implementing plant protection project.
Article 25th of pesticides, veterinary drugs, animal feed and feed additives, fertilizers, seeds, agricultural machinery, may jeopardize the safety of human and animal production and management of agricultural means of production, in accordance with the relevant provisions of laws and administrative regulations concerning the registration or licensing system.
People's Governments at all levels should establish and improve the safe use of agricultural means of production system, peasants or agricultural production and operation organizations shall not use State has been officially eliminated and the use of pesticides, veterinary drugs, feed additives and other means of agricultural production and other banned products.
Producers and sellers of agricultural means of production should be on the production and sales is responsible for the quality of the product, against shoddy, with impurities, a substandard products as qualified product; a ban on the production and sale of country has been officially eliminated the pesticides, veterinary drugs, feed additives, agricultural machinery and other means of agricultural production.
The fourth chapter the circulation of agricultural products and processing Article 26th market regulating the purchase and sale of agricultural products.
National important agricultural product marketing activities for livelihood necessary macro-control, establish central and local classified reserves system, improve storage and transportation system, guarantee the supply and stabilize the market. 27th State and gradually establish a unified, open, competitive and orderly market system, making agricultural products wholesale market development plan.
Rural collective economic organizations and farmers ' specialized cooperation economic organization to establish wholesale markets for agricultural products and farm produce markets, national support.
Administration for industry and Commerce above the county level people's Governments and other departments concerned in accordance with their respective responsibilities, managing wholesale markets of agricultural products according to law, regulate trade order, to prevent local protectionism and unfair competition. 28th the State encourages and supports the development of various forms of agricultural product circulation activities. Support for farmers and farmers ' professional cooperative economic organization in accordance with the relevant provisions of the State purchasing, storage, transportation, retail and wholesale, intermediary activities.
Encourage the supply and marketing cooperatives and other agricultural production and operation organizations engaged in buying and selling of agricultural products market information, develop AF, for the agricultural marketing service. The people's Governments above the county level shall take measures to urge the departments concerned to ensure smooth transportation of agricultural products, reduce the cost of the circulation of agricultural products.
The relevant administrative departments should simplify procedures and facilitate the transportation of fresh farm products, except otherwise prescribed by laws, administrative regulations, and may not be seized the transportation of fresh agricultural products. 29th the State supports the development of agricultural products processing industry and the food industry, increase the added value of agricultural products.
The people's Governments above the county level shall make agricultural product processing and food industry development plan, guide the agricultural products processing enterprises to form reasonable layout and size structure, support farmers ' specialized cooperative economic organizations and enterprises engaged in the processing and comprehensive utilization of agricultural products.
National standards for establishing and perfecting the agricultural products quality, perfect detection means, strengthening processing of agricultural product quality safety management and supervision to ensure food safety.
30th the State encourages the development of import and export trade of agricultural products.
Countries to strengthen international measures such as market research, provides information and marketing services to promote agricultural exports.
To maintain orderly and fair trade production and marketing of agricultural products, to establish early warning system for agricultural imports, when some of the imported produce has or may have on the domestic agricultural production causes significant adverse effects, the State may take the necessary measures.
The fifth chapter on food security
31st State to take measures to protect and raise the comprehensive grain production capacity, steady increase in levels of food production, guarantee food security.
National established system for protection of farmland, special protection for basic farm law.
32nd State policies, funding, technology and other support given to main grain-producing area, building steady commodity grain production bases, improving food shouzhu and processing facilities, improving the level of food production, processing of main grain-producing area and economic benefits.
Support main grain-producing area and main selling area to establish stable cooperative relations between purchases and sales. Article 33rd in the food market prices are too low, the State Council may decide on some grain varieties for the protective price system.
Price should be according to the principle of protecting farmers ' interests and stabilizing grain production.
Farmers sell food under the protective price system, commissioned by the national units shall not be refused.
The people's Government above the county level shall organize the fiscal, financial and other sectors and units of national delegates raised grain purchase funds in a timely manner, any Department, unit or individual may intercept or misappropriate funds. 34th State to establish early warning systems for food security, to take measures to guarantee food supplies.
The State Council shall formulate food security objectives and indicators of the size of grain reserves, and organize the relevant departments need to be arable land, grain stock verification. National food of Central and local Governments reserve adjustment system, construction of storage and transportation system.
Assume control of national grain reserve enterprises shall, in accordance with regulations of the State guarantee reserve amount and quality.
35th State establishes its grain risk fund to support grain reserves, stabilizing the grain market and protect farmers ' interests.
36th State advocates to cherish and save food, and take measures to improve people's nutrition structure.
Sixth chapter of agricultural inputs and support the protection of
37th state establishment and improvement of agricultural support and protection system, take measures such as financial support, tax incentives, financial support, from capital investment, research and technology, education and training, supply of agricultural production materials, market information, quality standards, inspection and quarantine, social services, and support in disaster relief and other peasants or agricultural production and operation organizations develop agricultural production, increase farmers ' incomes.
Not concluded or acceded to relevant international treaties conflict situations, the State imposed on farmers income support policies, and the specific measures formulated by the State Council. 38th State to gradually raise the overall level of agricultural inputs.
Central and local governments above the county level annual growth of total inputs to agriculture margin should be higher than the regular financial revenue growth rate. Levels Government in financial budget arrangements of the for agricultural of funds should main for: strengthening agricultural based facilities construction; support agricultural structure adjustment, promote agricultural industrialization business; protection food integrated production capacity, guarantees national food security; sound flora and fauna quarantine, and epidemic prevention system, strengthening animal blight and plant disease, and insect, and weed, and rodent control; established sound agricultural quality standard and test detection supervision system, and agricultural market and the information service system; support agricultural research education, and
Agricultural extension and farmer training; strengthening the construction of agricultural eco-environmental protection; support development in poor area; protection of farmers ' income.
Finances at or above the county level used in farming, forestry, animal husbandry, fishery, irrigation and water conservancy capital construction in agriculture inputs should be integrated and coordinated growth.
Countries in order to speed up Western development, increased investment in agricultural development and ecological environment protection in West China. 39th annual budgetary financial arrangement for the people's Government above the county level agricultural funding should be allocated in full and on time.
People's Governments at various levels shall strengthen national agricultural funds allocation, using the process of supervision and management, and ensure financial security, more efficient use of funds. No unit or individual may intercept or appropriate funds and credit funds to agriculture.
Audit Department shall strengthen the agricultural finance and credit, audit and supervision of the funds.
40th state using means such as taxation, pricing, credit, encourage and guide the peasants or agricultural production and operation organizations to increase their agricultural production inputs and small-scale irrigation and water conservancy capital construction investment.
The State encourages and supports peasants or agricultural production and operation organizations on a voluntary basis to take a variety of forms, raise agricultural funds.
41st national encouraged social funds into agriculture, encourages enterprises, institutions, social organizations and individuals donated the setting up of the agricultural fund for agricultural science and technology, education and construction.
States to take measures to promote agriculture to expand the use of foreign capital.
42nd people's Governments at various levels shall encourage and support enterprises, institutions and other types of economic organizations in agricultural information service.
People's Governments above the county level agricultural Administrative Department and other departments concerned shall establish a system of agricultural information to collect, collate and distribute, in time to provide market information services to peasants or agricultural production and operation organizations.
43rd State encourages and supports the development of agro-industries.
State tax, credit and other means to encourage and support the production and trade of agricultural means of production, provide material guarantees for the steady growth of agricultural production.
States to take macro-control measures, chemical fertilizers, pesticides, agricultural film, agricultural machinery and diesel between major agricultural inputs and agricultural products, such as maintaining reasonable prices. 44th state encourages the supply and marketing cooperatives, the rural collective economic organizations, farmers ' specialized cooperative economic organizations, other organizations and individuals to develop various forms of agricultural production in prenatal, delivery and postnatal socialized service undertakings.
Relevant departments of the people's Governments above the county level and measures should be taken to support agricultural socialized service undertakings.
On agricultural socialized service of trans-regional, agricultural, industrial and commercial management, transportation and public security departments concerned should take measures to support it.
45th State shall establish and improve rural financial system, strengthening the construction of rural credit system, strengthen financial regulation.
Financial institutions concerned shall take measures to increase credit input, improve financial services in rural areas, peasants or agricultural production and operation organizations provide credit support for agricultural production and operation activities.
Rural credit cooperatives should insist on agriculture, farmers and rural economic development purpose, priority provision of credit facilities for local farmers ' production and operation activities.
Through measures such as subsidies to encourage financial institutions to peasants or agricultural production and operation organizations provide loans to agricultural production and operation activities.
46th State establishing and perfecting the agricultural insurance systems. Country gradually establish and perfect the policy-oriented agricultural insurance system.
To encourage and support the peasants or agricultural production and operation organizations established for the mutual insurance of agricultural operation service organization, encourage commercial insurance companies to carry out agricultural insurance. Implementation of the voluntary principles of agricultural insurance.
No organization or individual may force peasants or agricultural production and operation organizations participate in agricultural insurance.
47th people's Governments at various levels shall take measures to improve the capacity of agricultural natural disasters, disaster preparedness, response and relief efforts to help victims resume production, organize self-help through production, battling for social solidarity; no basic life guarantee relief and support for victims.
The seventh chapter of agricultural science and technology and agricultural education
48th State and provincial-level people's Governments shall develop agricultural science and technology, agricultural education development plans, development of agricultural science and technology, and education.
People's Governments above the county level shall be in accordance with the relevant provisions of the State gradually increasing funds for science and technology and agricultural education.
The State encourages and attracts increasing investment in agricultural science and technology enterprises and other social forces, encourages farmers, agricultural production and operation organizations, enterprises and institutions, such as agricultural science and technology, and education in accordance with law.
49th State protection of new plant varieties and geographical indications of agricultural products and intellectual property rights, encourage and guide agricultural scientific research and education units to strengthen basic and applied research in agricultural science and technology, dissemination and popularization of agricultural science and technology knowledge, accelerating the industrialization of scientific and technological achievements and to promote agricultural scientific and technological progress. Relevant departments under the State Council shall organize the key technologies of agriculture science and technology research.
States to take measures to promote international cooperation and exchange of agricultural science and technology, education, and encourage the introduction of foreign advanced technology.
50th state support of agricultural technology extension, set up Government-supported and market-led combine, combining paid and unpaid services, national agricultural extension system and the social power of agricultural technology extension system and prompt application of advanced agricultural techniques to agricultural production.
51st National agro-technical popularization setups shall be established by relying on experimental demonstration base of agricultural technology, required for public promotion and demonstration of key technologies of public duties, peasants or agricultural production and operation organizations provide free agricultural technology service.
The people's Government above the county level should be based on the needs of agricultural production, stabilizing and strengthening agricultural technology extension team and protect the work of agro-technical popularization setups.
People's Governments at various levels shall take measures, in accordance with national provisions guaranteeing and improving agricultural extension work in the professional personnel work conditions, wages and living conditions, encouraging them to serve agriculture. 52nd of agricultural scientific research units, schools, farmers ' cooperatives, agriculture-related enterprises, mass organizations of science and technology and related scientific and technical personnel, according to peasants or agricultural production and operation organizations needs, you can provide a free service, or through the transfer of technology, technical services, Contracting, consulting and technology shares and other forms of technology, reimbursement for the services provided, the legitimate benefits.
Related to agricultural research institutes, schools, specialized farmer cooperatives, agricultural enterprises, mass organizations of science and technology and related scientific and technological personnel should improve the level of service, guaranteed quality of service.
Related to agricultural research institutes, schools, agricultural extension institutions for agricultural services business, countries in giving concessions such as tax and credit.
State shall encourage and support farmers, supply and marketing cooperatives, other enterprises and institutions involved in agricultural extension work. 53rd State agricultural professionals continuing education system.
Competent administrative departments of people's Governments above the county level agricultural education, personnel and other relevant departments of agricultural professional continuing education programmes, and organizations. 54th national implementation of compulsory education in rural areas according to law and guarantee funds for compulsory education.
Mainstream primary and secondary schools organized by the national rural Faculty salaries by the people's Governments at the county level in accordance with State regulations, uniform, school premises and teaching facilities construction and maintenance funded by the people's Governments at the county level in accordance with the unified arrangements stipulated by the State. 55th national development of agricultural vocational education.
Relevant departments of the State Council in accordance with the national vocational qualifications certificate system of uniform provisions, classification of occupations, professional skill appraisal work of the agricultural industry, agricultural industry professional certificate in management.
56th State to take measures to encourage farmers to adopt advanced farming techniques and support them to organize science and technology organization, green certificate training, farmers practical agricultural technology training and other employment-related training, improve farmers ' cultural and technical quality.
Eighth chapter of agricultural resources and agricultural environmental protection
57th developing agriculture and the rural economy must be the rational use and protection of land, water, forests, grasslands, wildlife and other natural resources, rational development and utilization of water energy, biogas, solar, wind and other renewable energy sources and clean energy, develop eco-agriculture, protect and improve the ecological environment.
The people's Governments above the county level shall develop agricultural resources regional planning or regional planning of agriculture resources rational use and protection, agricultural resources monitoring system established.
58th peasants or agricultural production and operation organizations shall maintain farmland, rational use of fertilizers, pesticides, agricultural film, increased use of fertilizer, using advanced technology, protect and enhance soil fertility, prevent pollution, destruction of agricultural land and soil degradation.
Agriculture administration departments at or above the county level shall take measures to support peasants or agricultural production and operation organizations strengthen the quality construction of cultivated land, and regular monitoring of cultivated land quality. 59th people's Governments at various levels shall take measures to strengthen the comprehensive management of small watersheds, preventing and controlling soil and water loss.
Units engaged in production and construction activities may cause soil erosion and individuals must take preventive measures, and is responsible for governance of soil erosion caused by production and construction activities. People's Governments at various levels shall take measures to prevent land desertification, management of desertified land.
State and located in desertified areas local people's Governments at or above the county level shall, in accordance with the legal provisions of sand prevention and control planning and implementation. 60th State applies a system of compulsory tree-planting.
People's Governments at various levels shall take measures to organize reforestation, protection of forest land and forest, forest fire prevention and control of forest pests and diseases, combating deforestation, illegal logging, forest and increasing forest cover.
State-imposed logging ban in natural forest protection region or limit system, strengthen the plantation forest.
61st article about place Government, should strengthening Prairie of protection, and construction and management, guide, and organization agricultural (MU) people and agricultural (MU) industry production business organization construction artificial pasture, and forage feed base and improved natural prairie, implemented to grass set livestock, control stocking, implementation designated district rotational grazing, and Hugh Mu and ban MU system, protection Prairie vegetation, prevent Prairie degradation sandy and salinization.
62nd prohibits the destruction of forest and grass land, burned land and reclamation against the reclamation of steep slopes, has been reclaimed gradually returning farmland to forest and grassland. Prohibition of reclamation against the reclamation of lakes and wetlands.
Already reclaimed, should gradually returning farmland to lakes, wetlands.
Returning farmland to peasants throughout the State Council approved the plan, should be supplemented according to state regulations.
63rd levels of people's Governments shall take measures, carrying out fishing quotas and closed seasons, fishing system, the proliferation of fisheries resources, protection of the ecological environment of fishing waters.
Country guide, support farmers engaged in fishing (fishing) and the (fishing) industry production and operation organizations engaged in aquaculture or other occupations, under the unified planning and production agriculture for the benefit of local people's Governments (fishing), should be supplemented according to state regulations. 64th country to establish agricultural production-related systems of biological species resources protection, conservation of biological diversity, rare, endangered and precious biological resources and their Habitat to implement protection.
Introduction of biological species resources from abroad shall make the registration or approval, and take appropriate safety control measures.
Genetically modified organisms in agriculture research, testing, production, processing, management, and other applications, must be in accordance with the strict implementation of the security control measures established by the State.
65th agricultural administrative departments at all levels should guide peasants or agricultural production and operation organizations biological measures or the use of high effect and low toxicity and low residual pesticides, veterinary drugs, combating animal and plant diseases, pests, weeds and rodents.
Agricultural straw after the harvest and comprehensive utilization of remaining material should be, properly handled, preventing environmental pollution and ecological damage.
Units and individuals engaged in livestock and other animals scale should be dung and harmless treatment and comprehensive utilization of waste water and other waste, aquaculture units and individuals shall be reasonable feeding, fertilization, the use of drugs to prevent environmental pollution and ecological damage.
66th people's Governments above the county level shall take measures to urge the relevant units of governance, control of waste water, waste gas, and solid waste pollution of the agricultural eco-environment.
Emissions of agricultural ecological environment caused by waste water, waste gas, and solid waste pollution, the Department of environmental protection administrative department or the agriculture administration lawful investigation and handling; thus causing losses to peasants or agricultural production and operation organizations, those responsible shall compensate.
Nineth part to protect farmers ' rights 67th any organs or units to peasants or agricultural production and operation organizations charge administrative, institutional costs must be based on the provisions of laws and regulations. Fees, the range and criteria shall be made public.
Not according to the laws and regulations of the fees, peasants or agricultural production and operation organizations shall have the right to refuse. Any organs or units to peasants or agricultural production and operation organizations fines must be in accordance with the law, regulations and regulatory requirements.
No fines based on the laws, rules and regulations, peasants or agricultural production and operation organizations shall have the right to refuse. No State organ or unit shall not in any way to the peasants or agricultural production and operation organizations assessed. Unless otherwise provided by laws and regulations, any organs or entities in any way require peasants or agricultural production and operation organizations providing human, financial and material resources, are assessed.
Peasants or agricultural production and operation organizations shall have the right to refuse any form of assessment.
68th levels of people's Governments and their relevant departments and units shall not in any way to the peasants or agricultural production and operation organizations raise money.
Not according to the laws, regulations or without approval of the State Council, no State organ or unit shall not in any form of rural standards, upgrades and acceptance activities. 69th peasants or agricultural production and operation organizations in accordance with the laws, administrative regulations, the provisions of their tax obligations.
Tax authorities and withholding taxes, collection of taxes shall, according to law, no illegal taxes assessed and taxed by other illegal means. 70th in rural compulsory education in addition to fees charged by the State Council, shall not be charged to farmers and students fees.
Against any State organ or unit by rural primary and secondary schools to charge farmers.
71st State shall levy a farmers ' collective lands, and protect the legitimate rights and interests of farmers and rural collective economic organizations, grant compensation to farmers and rural collective economic organizations according to law, and no unit or individual may intercept or divert the land compensation fees.
72nd levels of people's Governments and villagers committees, rural collective economic organizations in agricultural and rural economic restructuring, industrialization of agriculture in the process of transfer of land contract and management right, shall not be violated farmers ' land contract management right, shall not interfere in farmers ' own production and operation of the project shall not force farmers to buy specified in the specified channel sales of means of production or agricultural products.
73rd rural collective economic organization or village committees for the development of production, or to set up public welfare undertakings, and to its members (the villagers) funding to raise labor shall be subject to Member (villagers) or members of the Conference (the villagers), after the meeting was adopted by a majority vote, may be carried out.
Rural collective economic organizations and villagers committees raise Dr funding in accordance with the provisions of the preceding paragraph, shall not exceed the ceiling stipulated by the people's Governments above provincial level control standard prohibiting forced to do.
Rural collective economic organizations and village committees on important matters concerning the interests of farmers, and farmers should be made public, and publishing the financial accounts, and accept supervision by the farmers.
74th no units to peasants or agricultural production and operation organizations and individuals to provide production, technology, information and culture, insurance and other services, must adhere to the voluntary principle, peasants or agricultural production and operation organizations shall be compelled to accept service. 75th farm products when no units purchasing agricultural products may not beat down the grade, not in the price paid or deduct any costs.
Laws, administrative regulations, and withhold and collect taxes, shall be handled in accordance with the laws and administrative regulations.
Purchasing units and sales of agricultural products due to the quality of agricultural products a dispute, may entrust a legal qualification of quality inspection bodies and inspection of agricultural products.
76th agricultural production losses due to production quality problems, sale of the operator of the means of production should be compensated, the amount of compensation includes the purchase price, related costs and loss of profits.
77th peasants or agricultural production and operation organizations in order to safeguard their lawful rights and interests, to the people's Governments at all levels and departments concerned legitimate demands and rights, and the relevant departments under the peasants or agricultural production and operation organizations ' legitimate requirements shall be in accordance with State regulations responded in a timely manner.
78th in violation of the law, violations of their rights and interests, peasants or agricultural production and operation organizations may apply for administrative reconsideration or initiate litigation to the people's courts, people's Governments concerned and the relevant department or court it shall accept.
The people's courts and judicial administrative authority shall, in accordance with the relevant provisions of legal aid for farmers.
The tenth chapter of rural economic development
79th State adheres to policy of coordinated development of urban and rural areas, support the development of second and third industries in rural areas, adjust and optimize the economic structure in rural areas, increase farmers ' income and promote rural economic development, gradually narrow the urban-rural divide.
80th people's Governments at various levels shall take measures to develop township enterprises and support the development of agriculture, transfer of surplus agricultural labor force.
Support measures to improve the development of township enterprises, guide township enterprises optimizing the structure, technology, improve quality.
81st of the local people's Governments at or above the county level shall be in accordance with local economic development, geographic advantages and resources, in accordance with reasonable layout, principles of scientific planning, land conservation, focused on promoting the construction of small towns in rural areas.
Local people's Governments at all levels should focus on the use of market mechanisms, improve relevant policies, attracting farmers and social capital development and construction of small cities and towns to develop secondary and tertiary industries, guide relatively focused on the development of township enterprises. 82nd State takes measures to guide the rural surplus labor force in urban and rural areas, between the rational and orderly flow.
Local people's Governments at various levels shall protect working the legitimate rights and interests of rural labor into cities, no unreasonable restrictions, have set up should be removed.
83rd State gradually improve the social relief system in rural areas, rural wubaohu, farmers are poor and disabled, poor elderly farmers and others lost the ability to work the basic livelihood of farmers.
84th State encourages and supports farmers ' consolidation and development of rural cooperative medical care and other forms of health care, improving their health. 85th national support in poor areas to improve economic conditions for development, and help economic development.
Provincial people's Government on State support overall objectives and requirements in the area of poverty and pro-poor development planning and implementation. Governments at all levels should adhere to the development-oriented poverty reduction policies, organizations, poor peasants or agricultural production and operation organizations rational use of poverty relief funds, relying on its own power to change the face of poverty and backwardness and guide farmers in poor areas to adjust economic structure and the development of local resources.
Poverty alleviation should persist in combining and resource protection, ecological construction, promote the coordinated development of economy and society in poor areas and overall progress.
86th article Central and provincial government financial investment in poverty alleviation and development should be included in the annual budget, and increasing, increasing fiscal transfer payments to impoverished areas and construction investment.
Countries to encourage and support financial institutions, other corporations, institutions and individuals to invest funds to support development in poor areas. No unit or individual may intercept or appropriate poverty alleviation funds.
Auditing organs should strengthen the audit supervision of funds.
The 11th chapter law enforcement and supervision
87th people's Governments above the county level shall take measures to gradually improve the agricultural administration system suited to the Socialist market economy development.
Competent administrative departments of people's Governments above the county level agricultural and relevant administrative departments should strengthen the planning, coordination, supervision, guidance, management, service responsibilities, administration and justice.
Local people's Governments at or above the county level agricultural Administrative Department shall, within its mandate, administrative law, implementation of integrated law enforcement, improve efficiency and level of law enforcement.
88th competent administrative departments of people's Governments above the county level agricultural and law enforcement personnel when performing their duties of supervision and inspection, and the right to take the following measures:
(A) requesting the unit or individual under inspection to explain the situation, relevant documents, certificates and information provided;
(B) ordering the inspection unit or individual in violation of this Act, comply with the statutory obligations. Agricultural administrative law enforcement officers while performing their duties of supervision and inspection, shall produce to the inspected unit or individual administrative law enforcement, compliance with enforcement procedures.
Units or individuals shall coordinate with the agricultural administrative law enforcement personnel shall carry out their duties, and shall not refuse or hinder. 89th administrative departments of agriculture and agricultural production, operating unit must be on the agencies, personnel, finance and complete separation.
Agricultural administrative departments and their staff shall not participate in or engaged in agricultural production and operation activities.
12th chapter legal liability
90th in violation of the provisions of this law, against peasants or agricultural production and operation organizations of contractual operation right of land property rights or other legitimate rights and interests, shall stop the infringement, restitution cause loss, damage, shall bear the liability for damages.
State functionary or on behalf of the other against peasants or agricultural production and operation organizations the lawful rights and interests, shall compensate for the losses, and by their work units or the competent authority to administrative sanctions.
91st article violates this law, 19th, 25th, 62nd, 71st article, in accordance with the relevant provisions of laws or administrative rules and regulations will be punished.
92nd under any of the following acts, the competent authority shall order return the interception, misappropriation of funds within, confiscation, and directly by the competent authority or unit to which the responsible managers and other persons directly responsible for administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:
(A) violation of the 33rd article prescribed in the third paragraph, intercept or misappropriate grain purchase funds;
(B) violation of the 39th article stipulates that the interception, misappropriation of funds and credit funds to agriculture;
(C) in violation of this law article 86th prescribed in the third paragraph, withholding or misappropriating the funds.
93rd article violation this method 67th article provides, to farmers or agricultural production business organization illegal charges, and fine, and assessed of, superior competent organ should be stop, and to announcement; has charged money or has using human, and material of, by superior competent organ ordered deadline returned has charged of money or discount reimbursement has using of human, and material, and by superior competent organ or where units give directly is responsible for of competent personnel and other directly responsibility personnel administrative sanctions; plot serious, constitute crime of,
Criminal responsibility shall be investigated according to law.
94th under any of the following acts, the competent authority shall order to stop the illegal practice and managers directly responsible and other persons directly responsible for sanctions, and ordered to return the illegal collection of funds, taxes or charges:
(A) in violation of this law article 68th, illegal in the country for fundraising, compliance, upgrades, receiving and inspection activities;
(B) violations of this law article 69th, in illegal ways to tax farmers;
(C) in violation of this law article 70th, through rural primary and middle schools in excess, extra projects to farmers free of charge.
95th 73rd of article violates this law, farmers are forced to do it, by the township (town) people's Governments shall be ordered to correct and return the illegal money is collected.
96th article violates this law article 74th, forcing peasants or agricultural production and operation organizations accept paid services by the relevant people's Government shall be ordered to correct and return the illegal fees charged by the serious, giving managers directly responsible and other persons directly responsible for any resulting in loss of peasants or agricultural production and operation organizations shall bear liability.
97th departments of people's Governments above the county level agricultural administration who, in violation of the provisions of this law participation and engaged in agricultural production and operation activities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The 13th chapter by-laws
98th provisions of this law, the farmers, applicable to state-owned farm, Ranch, farm, fishery and other workers who have contracted operation of enterprises and institutions. 99th article this law shall enter into force on March 1, 2003.
