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Hainan Special Economic Zone On Land Monitoring Regulations (Amended 2012)

Original Language Title: 海南经济特区土地监察规定(2012年修正本)

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Land inspection provisions in the area of the Territory (amended in 2012)

(Act No. 42 of 26 February 1994 of the People's Government of the South Province, issued a second amendment to the Decision of the Government of the South Province on the revision of the 38 regulations of the Plant Implementation of the Sea Southern Province, in accordance with the Decision of the Government of the Sudan of 26 November 2012 on the revision of the provisions of the administrative penalties for tobacco use in the Province of the Sudan)

Chapter I General

Article 1 establishes this provision in accordance with relevant national legislation, legislation and regulations in order to strengthen land law enforcement oversight and to end land violations.

Article 2 units and individuals who use land in the administrative areas of my province must comply with land management laws, regulations and the inspection of land management.

Article 3. Governments at all levels should strengthen their leadership in land monitoring and ensure implementation of land management laws, regulations and regulations.

Article IV combines a professional inspection and public scrutiny of land inspections and the principle of combining punishment with education.

Article 5 deals with land violations and must be based on the fact that the law is governed by law and is clear, that the evidence is clear and that it is accurate to deal with justice and that the process is lawful.

Article 6 deals with land violations, which shall be coordinated and coordinated with the judiciary, the executive inspectorate, and with land violations involving the planning, town construction, housing, agriculture, forestry, water, etc., or military forces, shall be inspected with the authorities or the army concerned.

Chapter II

Article 7. Land management at all levels is responsible for the land inspectorate.

(i) Monitoring the implementation of laws, regulations and regulations on land management;

(ii) Monitoring the development, use, protection and rights of land under the jurisdiction;

(iii) Oversight of inspections of various types of construction-based clearance;

(iv) Monitoring of the termination of the right to land use, transfer, rent, mortgage and land use;

(v) Monitoring the collection, management and use of land costs;

(vi) To receive complaints, prosecutions of land violations and to investigate land violations;

(vii) To make recommendations for administrative disposal to the unit of the offender or its superior organs, the executive inspectorate, and to make recommendations for criminal accountability to the judiciary.

Article 8

(i) In investigating cases of land violations, the right to investigate the units and individuals concerned, enquire the parties, interested persons, collect information relating to the case and have the right to conduct an on-site survey;

(ii) To compel the offender to cease land violations.

Article 9

Article 10. Land inspectorate is the administrative enforcement oversight body of land management at the same level of the Government of the People and is guided by the leadership of the same-level people's land management and the parent-level land inspection body.

Article 11. Land inspectors should be familiar with land laws, regulations and policies, be fully operational, faithfully and impartially enforced.

Article 12. When land inspectorates perform inspection duties, they must be marked and have land inspection documents.

Land inspection documents are coordinated by the Ministry of Land Resources, and the Government of more than the population of the district has been seized.

Chapter III

Article 13. Land violations refer to cases of legal responsibility in violation of land administration laws, regulations, regulations and regulations.

Article 14. Provincial land management is responsible for land monitoring throughout the province, which governs the following cases in the present administrative area:

(i) Cases of land violations across urban and district administrations;

(ii) Cases of land violations that have a significant impact within the present administration;

(iii) Land violations committed by the Provincial Government and the Ministry of Land Resources.

Article 15. Urban, district and land management is responsible for land inspection in the current administration area and for other land violations that are governed by provincial land administrations.

Article 16 communes (communes) are responsible for the handling of cases of the illegal occupation of land by residents within this administrative area.

High-level land management in Article 17 has the right to deal with land violations under the jurisdiction of the lower-level land administration or to transfer land violations under its jurisdiction to the lower-level land administration.

The lower-level land administration violates its jurisdiction and considers that there is a significant need for top-level land management jurisdiction, which can be reported to be addressed by senior land management.

Article 18

The conditions for the admissibility of the case:

(i) A clear perpetrator;

(ii) Facts that violate land management laws, regulations and regulations;

(iii) Legal responsibility should be held in accordance with land management laws, regulations and regulations;

(iv) The sector has jurisdiction.

Significant and complex cases should be sent back to the top-level land management.

A person who is not in accordance with the conditions of the case or is not subject to the jurisdiction of this unit shall be notified in writing.

After a land violation case, the contractor should be determined in a timely manner. The contractor shall not be less than two. Major and complex cases could form a team of cases.

The case charging and the relevant leadership or other relationship with the parties in the present case may affect the fair investigation case and should be avoided.

The evasion of the contractor is determined by the relevant leadership of the case. The evasion led by the case is determined by the top-level land management or by the same-ranking people.

Article 20 shall notify the perpetrator within three days of the date of the submission of the communication and the perpetrator may make a written statement within 5 days of the date of the notification. The perpetrator did not make a presentation within the statutory period without prejudice to the investigation and treatment of the case.

Article 21 deals with land violations by the contractor and shall be completed within 30 days of the date of ratification. Due to the fact that exceptional circumstances cannot be completed by the date of the proceedings, the time period for the execution of the case may be extended appropriately, with the approval of the competent authority concerned, but the extension period shall not exceed one month.

Article 2 is subject to a case-by-case investigation that does not constitute an offence and should be removed. Removal cases should be submitted to the relevant leadership for approval and to inform the perpetrators and the perpetrators in writing.

The second article XXIII found that the case was not contested or that the case was cancelled was erroneous and could be reviewed to the land management at the highest level within 5 days of the date of the notification. The above-level land management shall take a review decision within 30 days of the date of receipt of the request for review to send a case to the land administration where the case was filed and the case was not filed or the case was cancelled.

Article 24 is found to be a violation by a case-by-case investigation, and the land administration should issue a letter of responsibility for the cessation of land violations to the parties.

Once the case is investigated, the custodian shall submit a report on the investigation of land violations and report on the closure of the land administration.

Land violations are documented, and administrative penalties should be imposed by law, and the Land Administration produces the Decision on Administrative Punishment of Land Violations.

The decision shall be communicated to the parties.

Article 26 After the completion of the case, the licensor shall complete the report on the closure of the land law cases, with the lead in the approval of the closure and archiving of instruments, photographs, photographs, etc. in the course of the proceedings.

After the completion of major, complex cases and high-level cases, the following instruments should be reported to the top-level land management case:

(i) “Decides on administrative penalties for land violations”;

(ii) Final report on land violations.

The review body and the case before the People's Court shall be accompanied by a copy of the review decision and a copy of the judgement of the People's Court.

Article 27 makes recommendations for administrative disposal by land management to persons subject to administrative disposition by virtue of law.

The unit or the executive disposition decisions of the superior authority, the executive inspectorate, shall be taken in the form of land management that makes administrative recommendations.

Article 28, when dealing with land violations, considers that the offence constitutes an offence, shall be transferred to the judiciary in a timely manner to be criminalized by law.

Article 29 does not determine administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law. In the statutory period, neither the executive review nor the prosecution of the People's Court has been carried out, but the land administration that has made a punitive decision applied to the enforcement of the People's Court.

Chapter IV

Article 33 units and individuals in line with one of the following conditions shall be recognized and rewarded by the people's Government or land administration:

(i) The implementation of land management laws, regulations and regulations;

(ii) Significant achievements in the development, use and protection of land;

(iii) The performance of land inspection efforts has been highlighted;

(iv) Profile, denouncing and halting land violations, with notable achievements.

Article 31, Land inspectorate, in the case of land violations, favour private fraud, play negligence, abuse of authority, administrative disposition by its authorities; and criminal responsibility under the law.

Article 32 rejects and obstructs the exercise of public duties by land inspectorates in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; criminalizes and prosecutes by law.

Chapter V

Article 33 of this provision is interpreted by the Office of the Territorial Environment Resources of the Province of Sea.

Article 34 of the present provision is implemented from the date of publication.