1、中华人民共和国公路法第二次修正英语行业法律英语中华人民共和国公路法(第二次修正)(Adopted at the 26th Session of the Standing Committee of the 8th National Peoples Congress on 3 July 1997; first amendment made by the Decision at the 12th Session of the Standing Committee of the 9th National Peoples Congress on 31 October 1999; second amend
2、ment made by the Decision at the 11th Session of the Standing Committee of the 10th National Peoples Congress on 28 August 2004.)颁布日期: 实施日期: 颁布单位:全国人大常委会PART ONEGENERAL PROVISIONSArticle 1This Law is formulated in order to strengthen construction and administration of roads, to promote road developm
3、ent and to suit the requirements of socialist modernization and of peoples lives.Article 2This Law applies to all planning, construction, maintenance, management, use and administration of roads within the borders of the Peoples Republic of China.The term “roads” as used in this Law includes road br
4、idges, road tunnels and road crossings.Article 3Road development should follow the principles of complete planning, rational distribution, assured quality, guaranteed unimpeded passage, environmental protection, and equal emphasis on construction, improvement and maintenance.Article 4All levels of p
5、eoples governments should adopt effective measures to support and promote road building. Road construction should be brought into the national economic and social development plan.The State shall encourage and guide domestic and foreign economic organizations to invest in road construction and opera
6、tion in accordance with the law.Article 5The State shall assist and support the development of road construction in minority areas, distant border areas and poor areas.Article 6Roads shall be divided into national roads, provincial roads, county roads and township roads according to their place in t
7、he road network. They shall be divided into expressways, first grade roads, second grade roads, third grade roads and fourth grade roads according to the level of their technology. The precise standards for each category shall be formulated by the State Council department in charge of communications
8、.Newly constructed roads should meet the technical standards. In the case of uncategorized existing roads which do not meet the lowest technical requirements, measures should be taken gradually to improve them so that they meet the technical requirements.Article 7Roads shall be protected by the Stat
9、e. No work unit or individual shall destroy or damage roads or illegally occupy roads, road land or facilities belonging to roads.All work units and individuals are obliged to protect roads, road land and facilities belonging to roads, and have the right to report to the authorities and lodge compla
10、ints about actions which destroy or damage roads, road land or facilities belonging to roads or which affect the safety of roads.Article 8The State Council department in charge of communications is in charge of road work nationwide.Departments in charge of communications of local peoples governments
11、 above county level are in charge of road work within their administrative district, but the responsibilities of departments in charge of communications of peoples governments above county level for administration and monitoring of national and provincial roads shall be decided by the provincial, au
12、tonomous region or centrally governed municipality peoples government.Township, minority nationality township and town peoples governments are responsible for construction and maintenance of township roads within their administrative area.Departments in charge of communications of peoples government
13、s above county level may decide that road administration organizations shall exercise responsibility for road administration in accordance with the provisions of this Law.Article 9It is prohibited for any work unit or individual illegally to erect roadblocks, collect fees, impose fines or intercept
14、vehicles on roads.Article 10The State shall encourage scientific and technological research on road work and shall reward work units and individuals for outstanding achievements in research on and utilization of road science and technology.Article 11Where this Law has provisions on roads for special
15、 use they shall apply to roads for special use.The term “roads for special use” refers to roads constructed, maintained and administered by enterprises or other work units specifically or principally for transport services for that enterprise or work unit.PART TWOROAD PLANNINGArticle 12Road plans sh
16、ould be drawn up on the basis of the requirements of national economic and social development and of national defence construction and should be co-ordinated with urban construction development plans and development plans for other forms of transport and communications.Article 13Planning of land for
17、 road construction should be in accord with overall land use plans and the annual use of land for road construction should be brought within the annual construction land use plan.Article 14National road plans shall be drawn up by the State Council department in charge of communications in conjunctio
18、n with the relevant State Council departments and in consultation with the peoples governments of the provinces, autonomous regions and centrally-governed municipalities bordering the road, and shall be reported to the State Council for approval.Provincial road plans shall be drawn up by the provinc
19、ial, autonomous region or centrally governed municipality peoples government departments in charge of communications in conjunction with the relevant departments at the same level and in consultation with the lower level peoples governments bordering the road. They shall be reported to the peoples g
20、overnment of the province, autonomous region or centrally-governed municipality for approval and put on file with the State Council department in charge of communications.County road plans shall be drawn up by the county level peoples government departments in charge of communications in conjunction
21、 with the relevant departments at the same level. They shall be reported to the immediately superior level peoples government for approval once they have been examined and approved by the same level peoples government.Township road plans shall be drawn up by the county level peoples government depar
22、tments in charge of communications with the assistance of township, minority nationality township and town peoples governments and reported to the county level peoples government for approval.County and township road plans approved in accordance with Paragraphs 3 and 4 should be reported to and put
23、on file at the department in charge of communications immediately superior to the approving authority.Provincial road plans should be co-ordinated with national road plans. County road plans should be co-ordinated with provincial road plans. Township road plans should be co-ordinated with county roa
24、d plans.Article 15Road for special use plans shall be drawn up by the work unit in charge of the road for special use and, after examination and approval by the superior department in charge, shall be reported to the department in charge of communications of the peoples government above county level
25、 for verification.Road for special use plans should be co-ordinated with road plans. Departments in charge of communications of peoples governments above county level which discover aspects of road for special use plans not in co-ordination with national, provincial, county or township road plans sh
26、ould suggest amendments. The departments and work unit in charge of the road for special use should make corresponding amendments.Article 16Local adjustments to national road plans shall be decided by the authority which drew up the plans. If national road plans require major amendment an amended pl
27、an shall be put forward by the authority which drew up the plans and reported to the State Council for approval.If approved provincial, county or township road plans require amendment an amended plan shall be put forward by the authority which drew up the plans and reported to the original approving
28、 authority for approval.Article 17The names and symbols of national roads shall be decided by the State Council department in charge of communications. The names and symbols of provincial, county and township roads shall be decided by the department in charge of communications of the provincial, aut
29、onomous region or centrally governed municipality peoples government in accordance with the relevant regulations of the State Council department in charge of communications.Article 18Planning and new construction of villages, small towns and development zones shall preserve the stipulated distance f
30、rom roads and shall avoid encroaching on roadsides in order to prevent roads from becoming streets and so affecting safe and unimpeded passage on roads.Article 19The State shall encourage use of roads for special use for public transport. When roads for special use are used principally for public tr
31、ansport they may, on the application of the work unit in charge of the road for special use or of the relevant party with the agreement of the work unit in charge of the road for special use, and with the approval of the provincial, autonomous region or centrally governed municipality peoples govern
32、ment department in charge of communications, be redesignated as provincial, county or township roads.PART THREEROAD CONSTRUCTIONArticle 20Departments in charge of communications of peoples governments above county level should safeguard the orderly construction of roads in accordance with their duties and should strengthen monitoring and administration of road construction.Article 21As well as finances allocated by all levels of peoples governments, including those transf
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