第一条 为了加强草原的保护、管理、建设和合理利用,保护和改善生态环境,发展现代化畜牧业,促进民族自治地方经济的繁荣,适应社会主义建设和人民生活的需要,根据中华人民共和国宪法,制定本法。
Article 1.
This Law is formulated in accordance with the provisions of the Constitution of the People's Republic of China with a view to improving the protection, management and development of grasslands and ensuring their rational use; protecting and improving the ecological environment; modernizing animal husbandry; enhancing the prosperity of the local economies of the national autonomous areas; and meeting the needs of socialist construction and the people's life.
第二条 本法适用于我国境内的一切草原,包括草山、草地。
Article 2.
This Law shall be applicable to all grasslands within the territory of China, including hills and lands covered with grass.
第三条 国务院农牧业部门主管全国的草原管理工作,县级以上地方人民政府农牧业部门主管本行政区域内的草原管理工作。
Article 3.
The department of farming and animal husbandry under the State Council shall be in charge of administration concerning the grasslands in the whole country.
The departments of farming and animal husbandry of the local people's governments at the county level and above shall be in charge of administration concerning the grasslands in their respective administrative areas.
第四条 草原属于国家所有,即全民所有,由法律规定属于集体所有的草原除外。
Article 4.
The grasslands are owned by the state, that is, by the whole people, with the exception of the grasslands that are owned by collectives in accordance with the law.
全民所有的草原,可以固定给集体长期使用。
Grasslands under ownership by the whole people may be assigned to collectives for long-term use.
Grasslands under ownership by the whole people, those under collective ownership, and those under ownership by the whole people that are assigned to collectives for long-term use may be contracted by collectives or individuals for pursuits in animal husbandry.
全民所有的草原、集体所有的草原和集体长期固定使用的全民所有的草原,可以由集体或者个人承包从事畜牧业生产。
Grasslands under ownership by the whole people may be assigned to collectives for long-term use.
Grasslands under ownership by the whole people, those under collective ownership, and those under ownership by the whole people that are assigned to collectives for long-term use may be contracted by collectives or individuals for pursuits in animal husbandry.
全民所有制单位使用的草原,由县级以上地方人民政府登记造册,核发证书,确认使用权。
With respect to grasslands used by units under ownership by the whole people, the local people's governments at the county level or above shall register such grasslands, issue certificates to the said units after verification and thus establish their right to use such grasslands.
With respect to grasslands under collective ownership and those under ownership by the whole people that are assigned to collectives for long-term use, the local people's governments at the county level shall register such grasslands, issue certificates to the collectives after verification and thus establish their right of ownership of the grasslands or their right to use them.
集体所有的草原和集体长期固定使用的全民所有的草原,由县级人民政府登记造册,核发证书,确认所有权或者使用权。
With respect to grasslands used by units under ownership by the whole people, the local people's governments at the county level or above shall register such grasslands, issue certificates to the said units after verification and thus establish their right to use such grasslands.
With respect to grasslands under collective ownership and those under ownership by the whole people that are assigned to collectives for long-term use, the local people's governments at the county level shall register such grasslands, issue certificates to the collectives after verification and thus establish their right of ownership of the grasslands or their right to use them.
草原的所有权和使用权受法律保护,任何单位和个人不得侵犯。
The right to own or use grasslands shall be protected by law and may not be infringed upon by any unit or individual.
第五条 遇有自然灾害等特殊情况,需要临时调剂使用草原的,按照自愿、互利的原则,由双方协商解决;需要跨县临时调剂使用草原的,由有关县级人民政府组织协商解决。
Article 5.
If there is a need for temporary adjustments in the use of grasslands under special circumstances, such as in the event of natural disasters, the matter shall be settled by the parties concerned through negotiation on the principles of voluntariness and mutual benefit.
Where there is a need for temporary adjustments in the use of grasslands that cross the borders of different counties, the county people's governments concerned shall sponsor negotiations for the settlement of the matter.
第六条 草原所有权和使用权的争议,由当事人本着互谅互让、有利团结的精神协商解决;协商不成的,由人民政府处理。
Article 6.
Disputes over the right of ownership of grasslands or the right to use them shall be settled by the parties concerned through negotiation on the principle of mutual understanding and mutual accommodation in the interest of unity.
If no agreement can be reached through such negotiation, the disputes shall be handled by the people's governments.
全民所有制单位之间、集体所有制单位之间以及全民所有制单位与集体所有制单位之间的草原所有权和使用权的争议,由县级以上人民政府处理。
Disputes over the right of ownership of grasslands or the right to use them that arise between units under ownership by the whole people, between units under collective ownership or between units under ownership by the whole people and those under collective ownership shall be handled by the people's governments at the county level or above.
个人之间、个人与全民所有制单位或者集体所有制单位之间的草原使用权的争议,由乡级或者县级人民政府处理。
Disputes over the right to use grasslands that arise between individuals, between individuals and units under ownership by the whole people or between individuals and units under collective ownership shall be handled by the people's governments at the township or county level.
当事人对有关人民政府的处理决定不服的,可以在接到通知之日起一个月内,向人民法院起诉。
If the parties concerned disagree with the decision made by the people's government, they may file a suit in a people's court within one month after they have been informed of the decision.
在草原权属争议解决以前,任何一方不得破坏草原和草原上的设施。
Pending the settlement of a dispute, none of the parties concerned may destroy the resources of the grasslands in question or the facilities therein.
第七条 国家建设征用集体所有的草原,按照《国家建设征用土地条例》的规定办理。
Article 7.
When grasslands owned by collectives are to be requisitioned for state construction the matter shall be handled in accordance with the provisions of the Regulations Concerning Land Requisition for State Construction.
国家建设使用集体长期固定使用的全民所有的草原,参照《国家建设征用土地条例》的规定,给予适当补偿,并妥善安置牧民的生产和生活。
If grasslands under ownership by the whole people that are assigned to collectives for long-term use are to be used for state construction, due compensation shall be paid to the collectives concerned and proper arrangements made for the productive pursuits and livelihood of herdsmen with reference to the provisions of the Regulations Concerning Land Requisition for State Construction.
国家建设在民族自治地方征用或者使用草原,应当照顾民族自治地方的利益,作出有利于民族自治地方经济建设的安排。
If grasslands in national autonomous areas are to be requisitioned or used for state construction, due consideration shall be given to the interests of the national autonomous areas and arrangements made in favour of the economic development of those areas.
国家建设临时使用草原,按照《国家建设征用土地条例》的规定办理。
The temporary use of grasslands for state construction shall be effected in accordance with the provisions of the Regulations Concerning Land Requisition for State Construction.
When the period of use expires, the unit that has used the grasslands shall restore the grassland vegetation.
使用期满,用地单位应当恢复草原植被。
The temporary use of grasslands for state construction shall be effected in accordance with the provisions of the Regulations Concerning Land Requisition for State Construction.
When the period of use expires, the unit that has used the grasslands shall restore the grassland vegetation.
第八条 地方各级人民政府负责组织本行政区域内的草原资源普查,制定草原畜牧业发展规划并纳入国民经济发展计划,加强草原的保护、建设和合理利用,提高草原的载畜能力。
Article 8.
The local people's governments at various levels shall be responsible for conducting general surveys of grassland resources within their respective administrative areas and formulating plans for the development of animal husbandry, which shall be incorporated into the plans for national economic development, in order to improve the protection of the grasslands, promote their development and ensure their rational use, and increase the capacity for raising livestock on the grasslands.
第九条 国家鼓励草原畜牧业科学研究,提高草原畜牧业的科学技术水平。
Article 9.
The state shall encourage scientific research in animal husbandry on the grasslands in order to raise the scientific and technological level in this field of endeavour.
国家鼓励在农、林、牧区和城镇种草,促进畜牧业的发展,改善生态环境。
The state shall encourage the growing of grass in farming, forestry and pastoral areas and in cities and towns so as to promote the development of animal husbandry and improve the ecological environment.
国家保护草原的生态环境,防治污染。
The state shall protect the ecological environment of the grasslands, to prevent and control pollution.