Archived（May 28, 2018）
(Originally adopted at the Fourth Meeting of the Standing Committee of the Second Shenzhen Municipal People's Congress on November 3, 1995; Revised by the Eighth Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on July 27, 2001 for the first time; Revised by the Second Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on February 25, 2005)
Chapter I General Provisions
Article 1 In order to strength the supervision of planning, land and real estates of Shenzhen Special Economic Zone (hereinafter referred to as the “Special Zone”) , safeguard enforcement of the laws and regulations of planning land, these regulations are hereby formulated in light of the related laws and regulations of nation , combining with the special conditions of Special Zone.
Article 2 Supervision of planning land in these regulations refers to the supervision and inspection over the actions of implementing and complying with the laws and regulations on planning, land and estate (hereinafter referred as the planning and land) which are carried by individuals or units, and the investigation and prosecution to the illegal actions of using land or constructing by the comprehensive law-enforcing department of city management.
Article 3 The administrative departments of planning and land shall be responsible for guiding and supervising over the supervision and inspection of planning and land. The comprehensive law-enforcing department of city management shall be responsible for the supervision and inspection to the planning and land.
The relevant administrative departments of public security, industry and commerce, construction, development and renovation shall assist the comprehensive law-enforcing department of city management in the supervision and inspection to planning and land within their respective functions and duties.
Article 4 The comprehensive law-enforcing department of city management shall exercise the power of supervision of planning land independently according to the laws and regulations of planning land, where shall not be subjected to any interference by any other administrative organ, public organization and individual.
The planning land supervision shall comply with the principles of legality, timeliness and accuracy. To investigate and prosecute the cases of using land or constructing illegally shall be based on clarified facts, conclusive evidence, appropriate sentencing and lawful proceeding.
Article 5 The regional people’s governments (hereinafter referred to as the Regional Government) take charge of organizing and coordinating the planning land supervision work. The subdistrct offices shall assist the comprehensive law-enforcing department of city management to suppress, investigate and prosecute illegal actions of using land or constructing.
Article 6 The comprehensive law-enforcing department of city management and the administrative departments of planning and land shall, according to their respective functions and duties, publicize the concerned laws and regulations of planning land strongly, establish and improve the responsibility system of enforcing law, promote efficiency, make things convenient for the people and prevent illegal actions of planning land.
Chapter II Duty and Competence
Article 7 The supervisor shall
(1) know the laws and regulations of planning land and the supervision operation of planning land;
(2) maintain close ties with the masses and adopt the idea of serving the people and companies;
(3) devote to duty and adhere to principles;
(4) set a model of enforcement of laws justly, honestly and cleanly;
(5) be trained and assess eligibility.
Article 8 The following duties of supervision and inspection shall be performed by the comprehensive law-enforcing department of city management:
(1) to accept and hear the accusation and complaint about illegal actions of using land or constructing;
(2) to investigate and handle the cases of illegally using land or constructing;
(3) to assist relevant authority in investigating the cases of retaliating upon staff member who is in charge of supervising and inspecting the planning and land.
Article 9 The following supervising authorities shall be exercised by the comprehensive law-enforcing department of city management:
(1) to investigate the implement and compliance with laws and regulations of planning land by relevant unit and individual and the situations involving land using and construction, to know information from the supervised authority and involving people, and to check, copy and obtain related documents and materials concerning the supervised matters;
(2) to investigate the illegal actions of using land and constructing, to order the supervised authority and individual to stop damaging the planning land legal relationship, to order people thereto to explain facts concerned the supervised matters in prescribed time and place, and if necessary, to take administrative compulsory measures according to law, such as sequestration or distress.
(3) to advise relevant unit, Competent Authority or administrative supervision authority to impose administrative sanctions on the state functionary who shall be imposed administrative sanctions according to law;
(4) to apply administrative penalties on the illegal actions of using land and constructing, and trespassing to land; if necessary, to compulsorily dismantle illegal 2-floor or lower building, dependent building, and building being built.
Article 10 The jurisdiction over the investigation and prosecution to the illegal actions of using land and constructing shall be determined according to the location of the case. If a case is very important or complicated, the district comprehensive law-enforcing department of city management may submit it to the municipal comprehensive law-enforcing department of city management for handling.
Chapter III Docketing a case, Investigation and Settlement
Article 11 The supervisor shall wear the uniform supervising mark and present the supervising papers in exercising the supervision right.
If violated, the supervised party has right to reject supervision.
Article 12 The comprehensive law-enforcing department of city management shall establish system of regular supervision. The Competent Authority and Detached Office may either inspect overall the situations of implement and compliance with the law and regulation of planning land, and the situations involving land using or construction, or inspect the whole process of action of the supervised party in advance, in middle or afterwards.
Article 13 The comprehensive law-enforcing department of city management shall place a case on file once an illegal action with the following conditions is committed and is under its jurisdiction:
(1) with definite fact of illegal actions of using land or constructing by doer
(2) the administrative liability shall be pursued pursuant to the laws and regulations of planning land.
The comprehensive law-enforcing department of city management shall place a case on file that the case is reported by the masses. To report situation may be in oral or written. Oral situation shall be placed on detailed record and with the reporter’s sign or seal after checked.
Article 14 If a case meets the requirements for acceptance, the comprehensive law-enforcing department of city management shall place a case on file within ten days, fill in register and designate an undertaker. If it does not meet the requirement for acceptance, the comprehensive law-enforcing department of city management shall reject it and inform the reason to the higher authority designating the case, the individual transferring the case or reporter.
Article 15 The supervisor shall of himself withdraw from the case if he is a party to the case or a near relative of a party or an interested party. The withdrawal of the supervisor shall be decided by the comprehensive law-enforcing department of city management.
Article 16 If a case has been placed on file, the supervisor shall investigate timely. The collection of evidence includes documentary evidence, material evidence, oral evidence, litigant’s statement, records made on the scene, audiovisual reference material and record of on-site investigation and examination.
Article 17 The supervisor may collect and investigate the original document concerning case. The original document may be copy. After checked according to original document, the copier shall be signed “the same as the original by check”and signed or sealed by the supplier.
Article 18 The supervisor may inquire the party or witness, where having two and more supervisors, making a written record with the sign or seal of supervisors and the asked people. It shall also be record if the asked people refuse to sign or seal.
Article 19 The supervisor has power to investigate and exam on the scene by investigating machine where shall make a written record of on-site investigation and examination.
Article 20 If the comprehensive law-enforcing department of city management finds out an illegal action is conducted continuously during the investigation; it shall order the illegal actor to stop by Information of Stopping Illegal Action.
Article 21 After investigating a case, the comprehensive law-enforcing department of city management shall, in light of facts and laws, dispose it accordingly:
(1) if the illegal facts does not exist or the main evidence was insufficient, the case shall be set aside;
(2) if the illegal facts were clear evident and the evidence was conclusive and sufficient, the decision of administrative penalty shall be made according to laws;
(3) if the party shall be given administrative penalty according to law, the advise on administrative liability shall be informed to the party’s unit or the Competent Authority or the administrative supervision department according to personal management right;
(4) if the offense constitutes a crime, criminal liability shall be pursued by judicial body according to law.
Article 22 If the party shall be given administrative penalty, The comprehensive law-enforcing department of city management shall make decision on administrative penalty with the following contents:
(1) the basic information of parties
(2) the nature of case
(3) the illegal facts
(4) the basis of application of law
(5) the content of penalty
(6) the authority and time limit for applying for reconsideration, or the time limit for filing an action and the court with which the action may be filed.
(7) the time for making the penalty decision.
Article 23 The investigation and disposal of an illegal case shall be concluded within 3 months after docketing the case. Where an extension of the period is necessary under special circumstances, an extension may be allowed subject to the approval of the president of the comprehensive law-enforcing department of city management. The extension of the period shall not exceed 1 month.
Article 24 The comprehensive law-enforcing department of city management shall serve legal documents to the party directly. If the party is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the agent or the department of the legal person or the other organization responsible for receiving such documents; If that party is a citizen, the documents shall be receipted by the person himself ;in case of his absence, the documents shall be receipted by an adult member of his family living with him or the unit in which the party work.
If the person to whom the legal documents are to be served refuses to receive the documents, the person serving the documents shall ask the relevant person to be on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the received department or the place where the person on whom they are to be served lives or and the service shall be deemed completed.
If the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement in newspaper subjected to the approval of the president of the comprehensive law-enforcing department of city management. Thirty days after the public announcement is made, the documents shall be deemed to have been served.
If the documents of illegal building cannot be served by the other methods specified in the above Section I and II, the documents shall be served by posting on the standing place of the building and sending a copy to the neighborhood committee on where the building sites, the documents shall be deemed to have been served.
Chapter IV Compulsory Measures and Enforcement
Article 25 During the course of investigating the illegal act, the comprehensive law-enforcing department of city management may take the compulsory measures, such as sealing up, distraint, etc.
Taking the administrative compulsory measures or relieving the administrative compulsory measures ahead of time shall get the approval of the president of the Competent Authority or the Detached Office.
Article 26 While taking the administrative compulsory measures, the comprehensive law-enforcing department of city management shall serve “Sealing Up Written Decision” or “Distraint Written Decision” signed by the president to the party, and may serve “Assisting Execution Notification” to the relating organizations.
Article 27 While executing sealing up or distraint, the comprehensive law-enforcing department of city management shall make the sealed-up or the distraint inventories in duplicate. Signed by the supervisor, the party and the people on the scene, one of the inventories shall be kept by the party, and the other one shall be kept by the comprehensive law-enforcing department of city management.
Article 28 The sealed –up property shall be sealed with strip by the comprehensive law-enforcing department of city management. Any other one shall not unauthorized use them.
The comprehensive law-enforcing department of city management shall take care of the distrained property.
Article 29 The comprehensive law-enforcing department of city management may relegate the concerned organization or individual to take care of the sealed-up property, and the expense shall be paid by the sealed-up party. The storing expense shall be paid by the comprehensive law-enforcing department of city management, in case that it seals up inaccurately. And the inaccurate sealing-up cause the sealed-up party economic damage, the compensation shall be paid pursuant to “The Law of National Compensation of PRC”.
Article 30 The period of sealing up or distraint shall not exceed 3months. Under special circumstances that the period shall be extended, the extended period shall not exceed 2 months, which shall be permitted by the president of the comprehensive law-enforcing department of city management.
Article 31 While the comprehensive law-enforcing department of city management making the decision of dismantling the illegal building by the party himself in limited time, in case that the party refuses to execute the decision, the comprehensive law-enforcing department of city management.
The owner or the user of the illegal building can not be confirmed after investigating and announcement in newspaper, the comprehensive law-enforcing department of city management may organize to dismantle the illegal building.
Article 32 If he comprehensive law-enforcing department of city management has served “The Notification of Stopping Illegal Act” to the illegal actor and the illegal actor continue to constructing, the comprehensive law-enforcing department of city management may dismantle the continued- constructing part directly.
Article 33 For the simple shanty illegally built with sheet iron, bamboo or wood and asbestos tile, the comprehensive law-enforcing department of city management shall order the illegal actor dismantle by himself in limited time. The comprehensive law-enforcing department of city management shall dismantle the illegally- built shanty compulsorily in case the illegal actor does not observe the order exceeding the limited time.
Article 34 The comprehensive law-enforcing department of city management, who decide to implement the compulsory dismantling, shall issue the notify of compulsory dismantling 10 days before implementing, and the notify shall be post on the standing place of the illegal building.
Article 35 The comprehensive law-enforcing department of city management shall make records of inquests on the compulsively-dismantled illegal building before implementing compulsory dismantling.
The records of inquests shall include the name, structure, architectonic acreage, fitting up standard, etc.
Article 36 The comprehensive law-enforcing department of city management shall inform the party or his adult family to be the scene when implementing the compulsory dismantling. The party or his adult family refusing to be the scene does not affect the implementation. The expenses of compulsory dismantling shall be assumed by the party.
Article 37 In light of the scale and the need of the dismantled building, the comprehensive law-enforcing department of city management shall inform the relating departments, such as the Police Security, the Industrial and Commercial Bureau, the Taxation Bureau, the department of water and electricity, the Transportation Bureau, the department of communication, the department of fire fighting, etc, dispatching members to be scene to assist compulsory dismantling. The relating departments shall dispatch members to be scene on schedule and fulfill their own duties pursuant to the concerned regulations after received “The Notification of Assisting Implementation.
The district government or subdistrict office shall harmonize the dismantling action in light of the need, when the comprehensive law-enforcing department of city management implements the compulsory dismantling.
Article 38 The facilities of building lie with the illegal building shall be dismantled along with all the dismantled illegal building. If the property moved out of the dismantled building can not be handed over to the party, the comprehensive law-enforcing department of city management shall take care of them, and announce the party to claim.
The property mentioned above can not be handed over to the party or be claimed by legal owner after 3 months, the property shall be disposed pursuant to the legal procedure of notarizing derelict goods. Derelict goods shall be disposed pursuant to the concerned regulations of “The Statute of Auction of Shenzhen Special Economic Zone”. The expenses of storing, auction and sale shall be deducted from the money got from auction, and the remains shall hand to the municipal finance.
Article 39 The comprehensive law-enforcing department of city management shall suspend compulsory dismantling under the following conditions:
(1) the court adjudicates or the reconsideration organization decides to cease to execute compulsory dismantling;
(2) third party puts forward dissension that is reasonable after inspected;
(3) the other situation that the comprehensive law-enforcing department of city management deems to suspend compulsory dismantling;
The situation of suspending compulsory dismantling disappears, the comprehensive law-enforcing department of city management shall renew to implement compulsory dismantling.
Article 40 The comprehensive law-enforcing department of city management shall terminate compulsory dismantling under the following conditions:
(1) the court judges or the reconsideration organization decide retract the dismantling decision;
(2) the party who be ordered to dismantle has dismantled illegal building by himself;
(3) the other situation that the comprehensive law-enforcing department of city management deems to terminate compulsory dismantling.
Article 41 Having finished compulsory dismantling, the executors shall make executing records which shall include the following contents:
(1) name of the party, profession, residence, name of the organization， name of the legal representative of the legal person, position, etc；
(2) the name and the place of the dismantled building;
(3) the time and the process of compulsory dismantling;
(4) the signature and the seal of the executors of compulsory dismantling and the witnesses on scene;
(5) the time of making executing records.
Article 42 For the 3-floor or higher illegal building with the structure of brick and concrete, or the structure of reinforced concrete, which is ordered to be dismantled in limited time, the party neither applies for reconsideration or brings a suit exceeding the prescribed time, nor enforces the penalty decision of dismantling in limited time, the comprehensive law-enforcing department of city management shall apply court for compulsory enforcement.
The court shall make a judgment of granting compulsory enforcement or not within 30 days of serving the “Application of Compulsory Dismantling”. If the compulsory enforcement is granted, the comprehensive law-enforcing department of city management shall give insistence.
Article 43 The party may apply administrative reconsideration or bring administrative litigation in case he refuses to accept the decision of administrative penalty or the administrative compulsory measures made by the comprehensive law-enforcing department of city management.
When a party applies for administrative reconsideration or brings administrative litigation on a decision of administrative penalty or administrative compulsory measure, neither the decision nor the measure shall be suspended implementation, except that the provisions of law or regulations provide otherwise.
Chapter V Legal Liability
Article 44 If the legal person or other organization refuse to fulfill the decision of penalty made by the comprehensive law-enforcing department of city management, the legal representative or the chief official of the legal person and other organization may be imposed a fine not less than ￥10000 but not more than ￥20000, and be ordered to fulfill the fine in limited time.
Article 45 If the person prevents or obstructs the supervisors from or in lawfully exercising their power, such person shall be punished in accordance with the Regulations on Administrative Penalties for Public Security by the public security organization. If the person, by violence or threat to use violence, obstructs the mandatory dismantling, the public security organization shall assist to take mandatory measures and impose penalties in accordance with the law; if the offense constitutes a crime, the criminal liability shall be pursued according to law by judicial organization.
Article 46 If the comprehensive law-enforcing department of city management breaks laws and regulations during the process of fulfill their duties of supervising planning and land, any individual or organization may accuse or complaint the illegal act. The concerned organizations investigate and prosecute the illegal conduct pursuant to laws and regulations. The governments at all levels shall cite and give award to the individual or organization mentioned above.
The comprehensive law-enforcing department of city management and its members do not fulfill their duties according to law, higher authority shall impose administrative disciplinary measure to the person in charge of the comprehensive law-enforcing department of city management.
Article 47 If a supervisor engages in malpractices for personal gain, neglects his duties or abuses the office in supervision, he shall be given administrative sanction by his work unit or higher authority according to law; if the offense constitute a crime, the criminal liability shall be pursued according to law.
Article 48 If the administrative department of planning or land, or other government department examine and approval beyond their power or without power and result in damages of legal benefit of other unit and person, these authority shall bear the liability for damages and the direct staff member shall be pursued administrative and economic liability according to law.
Chapter VI Supplementary Provisions
Article 49 The terms referred in the following in these regulations means:
(1) illegal construction refers to a construction which is newly built, extended, reconstructed, or is not dismantled when the limited period of using land temporary expires, without obtaining the land-using rights legally, or without the planning license for construction project or the temporary planning license for construction project;
(2) illegal construction in building refers to a construction and its attachments which is built without obtaining the land-using rights legally, or without the planning license for construction project or the temporary planning license for construction project.
Article 50 Shenzhen Municipal Government may formulate the detailed implementing measures pursuant to these regulations.
Article 51 These regulations shall take effect as of January 1, 1996.
Where there are contradictions between the provisions of these regulations and other relevant rules that enacted before these regulations go into effect, these regulations shall prevail.
附件下载：
粤公网安备 44030402002963号