中华人民共和国城市房地产管理法(1)_法律英语

中华人民共和国城市房地产管理法(1)

文章来源：文章作者：发布时间：2007-05-09 02:42 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

（Adopted at the Eighth Meeting of the Standing¹ Committee of the Eighth National People's Congress on July 5， 1994， promulgated² by Order No. 29 of the President of the People's Republic of China on July 5， 1994， and effective as of January 1， 1995）
颁布日期：19940705 　实施日期：19950101 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Land Used for Development of Real Estate

　　Section 1 Granting of the Land-use Right

　　Section 2 Allocation of the Land-use Right

　　Chapter III Development of Real Estate

　　Chapter IV Transaction of Real Estate

　　Section 1 General Conditions

　　Section 2 Transfer of Real Estate

　　Section 3 Mortgage of Real Estate

　　Section 4 Lease of Houses

　　Section 5 Intermediary Service Agencies

　　Chapter V Administration of Real Estate Ownership Registration³

　　Chapter VI Legal Liability

　　Chapter VII Supplementary⁴ Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated⁵ in order to strengthen administration of the urban real estate， maintain the order of real estate market， protect the legitimate⁶ rights and interests of real estate obligees and promote the healthy development of real estate business.

　　Article 2 Obtaining the land-use right for development of real estate， engaging in development of real estate and transaction of real estate， and exercising administration of real estate in the State-owned land within a planned urban district in the People's Republic of China （hereinafter referred to as the State-owned land） shall comply with this Law.

　　“Houses” as used in this Law means buildings and structures such as houses on the land.

　　“Development of real estate” as used in this Law means acts of building infrastructure⁷ and houses on the State-owned land， the land-use right for which has been obtained in accordance with this Law.

　　“Transaction of real estate” as used in this Law includes transfer of real estate， mortgage of real estate and lease of houses.

　　Article 3 The State shall practise a compensatory and terminable system for the use of State-owned land in accordance with the law， however， allocation of the land-use right by the State under this Law shall be excepted.

　　Article 4 The State shall， based on the social and economic development， support the development of construction of residential⁸ houses so as to gradually improve the housing conditions of the residents.

　　Article 5 Obligees of real estate shall abide⁹ by the laws， administrative¹⁰ rules and regulations and pay taxes according to law. The legitimate rights and interests of the obligees of real estate shall be protected by the law and shall not be infringed¹¹ by any units or individuals.

　　Article 6 The department of construction administration and the department of land administration under the State Council shall， in accordance with the division of functions and powers prescribed by the State Council， attend to their own duties， act in close coordination¹² and manage the work concerning real estate of the whole country.

　　Institutional structures， and functions and powers of the departments of housing administration and land administration under the people's governments at or above the county level shall be determined¹³ by the people's governments of provinces， autonomous¹⁴ regions and municipalities directly under the Central Government.

　　Chapter II Land Used for Development of Real Estate

　　Section 1 Granting of the Land-use Right

　　Article 7 Granting of the land-use right refers to acts that the State grants land users the right to use the State-owned land（hereinafter referred to as the land-use right） for a certain number of years and the users shall pay the State a granting fee for the land-use right.

　　Article 8 The land-use right for the collective-owned land within a planned urban district may be granted with payment only after it is requisitioned in accordance with the law and turned into State-owned land.

　　Article 9 Granting of the land-use right must conform to the overall planning for land utilization¹⁵， urban planning and the annual plan for land to be used for construction.

　　Article 10 Where the local people's governments at or above the county level grant land-use right for development of real estate， they must， based on the quota¹⁶ set by the people's governments at or above the provincial¹⁷ level， draw up plans for the total area for annual granting of the land-use right， which shall， according to the provisions of the State Council， be reported to the State Council or the provincial people's government for approval.

　　Article 11 Granting of the land-use right shall be carried out by the people's governments of the cities or counties in a planned and step-by-step way. With regard to each lot granted， plans for its purposes， term of use， and other conditions shall be worked out by the departments of land administration under the people's governments of the cities and counties in conjunction with the competent departments of urban planning， construction and housing administration. Such plans shall， according to the provisions of the State Council， be implemented¹⁸ by the departments of land administration under the people's governments of the cities or counties after their submission¹⁹ to and approval by the people's governments with due authority for approval.

　　Limits of authority as provided in the preceding paragraph for the people's governments and their departments concerned of the counties of the municipalities directly under the Central Government shall be prescribed by the people's governments of the municipalities directly under the Central Government.

　　Article 12 The land-use right may be granted in mode of auction²⁰， bidding or agreement between the two parties.

　　For Land used for commercial， tourism， recreation and luxury housing purposes， where conditions permit， the mode of auction or bidding shall be adopted； where conditions do not permit and it is impossible to adopt the mode of auction or bidding， the mode of agreement between the two parties may be adopted.

　　Fees for granting the land-use right in the mode of agreement between the two parties shall not be lower than the lowest price as determined in accordance with the provisions of the State.

　　Article 13 The maximum term for the granting of the land-use right shall be prescribed by the State Council.

　　Article 14 Granting of the land-use right shall be conducted through concluding a written granting contract.

　　The contract for granting the land-use right shall be concluded between the departments of land administration under the people's governments of the cities or counties and the land users.

　　Article 15 A land user must pay the fees for the granting of the land-use right as agreed upon in the granting contract. Where fees are not paid as agreed upon in the granting contract， the department of land administration shall have the power to rescind²¹ the contract and may demand compensation for the breach²² of contract.

　　Article 16 Where a land user has paid the fees for the granting of the land-use right as agreed upon in the granting contract， the department of land administration under the people's government of the city or county must provide the land granted as agreed upon in the granting contract； where the land granted is not provided as agreed upon in the granting contract， the land user shall have the right to cancel the contract， the fees for granting the land-use right shall be returned by the department of land administration， and the land user may demand compensation for the breach of contract.

　　Article 17 Where a land user who needs to modify the land-use purpose agreed upon in the contract for granting the land-use right， he must obtain the consent of the granting party and the competent administrative department for urban planning under the people's government of the city or county， conclude an agreement on the modification²³ of the granting contract or conclude a new contract for granting the land-use right and the fees for granting the land-use right shall be accordingly readjusted.

　　Article 18 All the fees for granting the land-use right shall be turned over to the State Treasury²⁴ and incorporated into the budget so as to be used for the construction of urban infrastructure and land development. Specific measures for the turning over and use of the fees for granting the land-use right shall be formulated by the State Council.

　　Article 19 Before the term for the use of land as agreed upon in the contract for granting the land-use right expires， the State is not to recover the land-use right obtained by the land user in accordance with the law. Under special circumstances as required by public interests， the State may， in accordance with legal procedures， recover the land-use right before the expiration²⁵ of the term and shall make appropriate compensation based on the number of years of utilization and the actual development of the land by the land user.

　　Article 20 The land-use right shall be terminated with loss of the land.

　　Article 21 Where the term for the use of land as agreed upon in the contract for granting the land-use right expires， and the land user needs to continue the use of the land， the land user shall apply for an extension of the term no later than one year ahead of the expiration. Such an application shall be approved except for the land to be reclaimed²⁶ as required by public interests. Upon approval of the extension， the land user shall enter into a new contract for the granting of the land-use right and pay fees for the granting in accordance with the relevant provisions.

　　Where the term for the use of land as agreed upon in the contract for granting the land-use right expires， and the land user does not apply for an extension of the term or his application therefor is not approved in accordance with the provisions in the preceding paragraph， the land-use right shall be reclaimed by the State without compensation.

　　Section 2 Allocation of the Land-use Right

　　Article 22 Allocation of the land-use right refers to acts that the people's government at or above the county level approves in accordance with the law to allocate²⁷ the land to a land user after the latter has paid compensation and expenses for resettlement， etc. for the allocated²⁸ land， or gratuitously²⁹ allocates³⁰ the land-use right to the land user.

　　Where the land-use right is obtained by mode of allocation in accordance with the provisions of this Law， except as otherwise provided by the laws， administrative rules and regulations， there shall be no restriction³¹ with respect to the term of use.

　　Article 23 The land-use right for the following land used for construction may， if really necessary， be allocated upon approval by the people's government at or above the county level in accordance with the law：

　　1. land used for State organs or military purposes；

　　2. land used for urban infrastructure or public facilities；

　　3. land used for projects of energy， communications or water conservancy， etc. which are selectively supported by the State； and

　　4. land used for other purposes as provided by the laws， administrative rules and regulations.

　　Chapter III Development of Real Estate

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收听单词发音

1 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

2 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

3 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

4 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

5 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

6 legitimate
adj.合法的，合理的，合乎逻辑的；v.使合法
参考例句：
Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。 That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

7 infrastructure
n.下部构造，下部组织，基础结构，基础设施
参考例句：
We should step up the development of infrastructure for research.加强科学基础设施建设。 We should strengthen cultural infrastructure and boost various types of popular culture.加强文化基础设施建设，发展各类群众文化。

8 residential
adj.提供住宿的；居住的；住宅的
参考例句：
The mayor inspected the residential section of the city.市长视察了该市的住宅区。 The residential blocks were integrated with the rest of the college.住宿区与学院其他部分结合在了一起。

9 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

10 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

11 infringed
v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。来自《现代汉英综合大词典》 He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。来自《现代汉英综合大词典》

12 coordination
n.协调，协作
参考例句：
Gymnastics is a sport that requires a considerable level of coordination.体操是一项需要高协调性的运动。 The perfect coordination of the dancers and singers added a rhythmic charm to the performance.舞蹈演员和歌手们配合得很好，使演出更具魅力。

13 determined
adj.坚定的；有决心的
参考例句：
I have determined on going to Tibet after graduation.我已决定毕业后去西藏。 He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

14 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

15 utilization
n.利用，效用
参考例句：
Computer has found an increasingly wide utilization in all fields.电子计算机已越来越广泛地在各个领域得到应用。 Modern forms of agricultural utilization,have completely refuted this assumption.现代农业利用形式，完全驳倒了这种想象。

16 quota
n.（生产、进出口等的）配额，（移民的）限额
参考例句：
A restricted import quota was set for meat products.肉类产品设定了进口配额。 He overfulfilled his production quota for two months running.他一连两个月超额完成生产指标。

17 provincial
adj.省的，地方的；n．外省人，乡下人
参考例句：
City dwellers think country folk have provincial attitudes.城里人以为乡下人思想迂腐。 Two leading cadres came down from the provincial capital yesterday.昨天从省里下来了两位领导干部。

18 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

19 submission
n.服从，投降；温顺，谦虚；提出
参考例句：
The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。 No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

20 auction
n.拍卖；拍卖会；vt.拍卖
参考例句：
They've put the contents of their house up for auction.他们把房子里的东西全都拿去拍卖了。 They bought a new minibus with the proceeds from the auction.他们用拍卖得来的钱买了一辆新面包车。

21 rescind
v.废除，取消
参考例句：
They accepted his advice and rescinded the original plan.他们听从了他的劝告，撤销了原计划。 Trade Union leaders have demanded the government rescind the price rise.工会领导已经要求政府阻止价格上涨。

22 breach
n.违反，不履行；破裂；vt.冲破，攻破
参考例句：
We won't have any breach of discipline.我们不允许任何破坏纪律的现象。 He was sued for breach of contract.他因不履行合同而被起诉。

23 modification
n.修改，改进，缓和，减轻
参考例句：
The law,in its present form,is unjust;it needs modification.现行的法律是不公正的，它需要修改。 The design requires considerable modification.这个设计需要作大的修改。

24 treasury
n.宝库；国库，金库；文库
参考例句：
The Treasury was opposed in principle to the proposals.财政部原则上反对这些提案。 This book is a treasury of useful information.这本书是有价值的信息宝库。

25 expiration
n.终结，期满，呼气，呼出物
参考例句：
Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗? This contract shall be terminated on the expiration date.劳动合同期满，即行终止。

26 reclaimed
adj.再生的；翻造的；收复的；回收的v.开拓( reclaim的过去式和过去分词 )；要求收回；从废料中回收（有用的材料）；挽救
参考例句：
Many sufferers have been reclaimed from a dependence on alcohol. 许多嗜酒成癖的受害者已经被挽救过来。来自《简明英汉词典》 They reclaimed him from his evil ways. 他们把他从邪恶中挽救出来。来自《现代英汉综合大词典》

27 allocate
vt.分配，分派；把…拨给；把…划归
参考例句：
You must allocate the money carefully.你们必须谨慎地分配钱。 They will allocate fund for housing.他们将拨出经费建房。

28 allocated
adj. 分配的动词allocate的过去式和过去分词
参考例句：
The Ford Foundation allocated millions of dollars for cancer research. 福特基金会拨款数百万美元用于癌症研究。 More funds will now be allocated to charitable organizations. 现在会拨更多的资金给慈善组织。

29 gratuitously
平白
参考例句：
They rebuild their houses for them gratuitously when they are ruined. 如果他们的房屋要坍了，就会有人替他们重盖，不要工资。来自互联网 He insulted us gratuitously. 他在毫无理由的情况下侮辱了我们。来自互联网

30 allocates
分配，分派( allocate的第三人称单数 )；把…拨给
参考例句：
The state allocates huge funds for the development of aid-agriculture industries. 国家拨出大批资金，发展支农工业。 The value that then I create value allocates part to discuss. 于是我把价值创造的价值分配分别开来论述。

31 restriction
n.限制，约束
参考例句：
The park is open to the public without restriction.这个公园对公众开放，没有任何限制。 The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。

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