Chapter VI Legal Liability

Article 57Where a State functionary, in violation of these Regulations, commits one of the following acts in conversion of farmland to forests, he shall be investigated for criminal liability according to the provisions of the criminal law on the crime of corruption, the crime of accepting a bribe, the crime of misappropriating public funds or other crimes; if his act is not serious enough for criminal punishment, he shall be given an administrative sanction according to law:

(1) illegally occupying, intercepting or misappropriating the funds for conversion of farmland to forests, or docking the subsidized grain;

(2) making falsifications or fake reports to falsely claim subsidized funds or grain;

(3) taking advantages of his office to accept other persons' money, property or other benefits.

Any person other than State functionaries who commits any act in Item (2) in the preceding paragraph shall be investigated for criminal liability according to the provisions of the criminal law on the crime of fraud or other crimes; if his act is not serious enough for criminal punishment, the competent forestry administrative department of the people's government at or above the county level shall order him to return those falsely claimed funds or grain and impose a fine of not less than two times but not more than five times of the amount of the falsely claimed funds.

Article 58Where a State functionary, in violation of these Regulations, commits one of the following acts in conversion of farmland to forests, the unit he belongs to or the competent department at the next higher level shall order him to make corrections within a specified time limit and to return the funds shared and overcharged; the persons directly in charge and other directly responsible persons shall be investigated for criminal liability according to the provisions of the criminal law on the crime of power abuse, the crime of neglect of duty or other crimes; those whose acts are not serious enough for criminal punishment shall be given administrative sanctions according to law:

(1) failing to handle in time the reports or charges against destruction of conversion of farmland to forests;

(2) requiring enterprises providing subsidized grain or those who convert their farmland to forests to share the costs for allocating and transporting the subsidized grain;

(3) failing to disburse in time the subsidized grain and living allowance to those who convert their farmland to forests and hold the acceptance certificates;

(4) failing to pay off in a lump sum seed and seedling subsidies in time to those who convert their farmland to forests and purchase the seeds and seedlings on their own upon entry-into-force of the land conversion contracts;

(5) failing to, after the converted farmland is inspected and accepted, settle the seed and seedling subsidy accounts with those who convert their farmland to forests and purchase the seeds and seedlings in the way of centralized purchase;

(6) the seeds and seedlings purchased in the way of centralized purchase are not up to the standard;

(7) forcedly charging those who convert their farmland to forest, in the centralized purchases of seeds and seedlings, seed and seedling fee in excess of the standard for seeds and seedling subsidy set by the State;

(8) designating seed and seedling suppliers for those who convert their farmland to forests;

(9) approving grain enterprises to provide subsidized grain which is not up to the State quality standard to those who convert their farmland to forests, or to convert subsidized grain into cash or coupons;

(10) failing to perform his duties in accordance with these Regulations in other manners.

Article 59Anyone who takes unfair measures to monopolize seed and seedling markets, or bid up seed and seedling prices, shall be investigated for criminal liability according to the provisions of the criminal law on the crime of illegal business operation, the crime of forced transaction or other crimes; those whose acts are not serious enough for criminal punishment shall be punished according to the Law Against Unfair Competition by the administrative department for industry and commerce; if there is no corresponding provision in the Law Against Unfair Competition, a fine of not less than two times but not more than five times of the amount of the illegal turnover shall be imposed by the administrative department for industry and commerce.

Article 60Anyone who sells or provides seeds and seedlings without passing the inspections or without labels, quality inspection certificates of or quarantine certificates shall be investigated for criminal liability according to the provisions of the criminal law on the crime of manufacturing or selling fake or substandard seeds or other crimes; those whose acts are not serious enough for criminal punishment shall be punished according to the Seed Law by the competent administrative department for forestry or agriculture or by the administrative department for industry and commerce of the people's government at or above the county level; if there is no corresponding provision in the Seed Law, a fine of not less than two times but not more than five times of the amount of the illegal turnover shall be imposed by the competent administrative department for forestry or agriculture of the people's government at or above the county level.

Article 61Where any enterprise providing subsidized grain provides to those who convert their farmland to forests subsidized grain that is not up to the State quality standard, the grain administration department of the people's government at or above the county level shall order such enterprise to make corrections within a specified time limit, and may impose a fine of not more than one time of the amount of the product by multiplying the quantity of illegally provided subsidized grain by the unit price of standardized grain for food consumption.

Where any enterprise providing subsidized grain converts subsidized grain into cash or coupons or repurchases subsidized grain, the grain administration department of the people's government at or above the county level shall order such enterprise to make corrections within a specified time limit, and may impose a fine of not more than one time of the amount of the cash or coupons converted or the money paid for the grain repurchased.

Article 62Where those who convert their farmland to forests reclaim farmland converted, intercrop grain crops in between trees, illegally cut or fell trees or dig within the area designated for conversion of farmland to forests or commits other acts damaging surface vegetation, they shall be investigated for criminal liability according to the provisions of the criminal law on the crime of illegal occupation of farmland, the crime of illegally felling trees or other crimes; those whose acts are not serious enough for criminal punishment shall be given administrative sanctions according to the Forest Law, the Grassland Law and the Law of Water and Soil Conservation by the competent administrative departments for forestry, agriculture or water resources of the people's government at or above the county level.