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中华人民共和国测绘法
发布时间:2011-8-31 12:07:00||  点击:1678次||  文章分类:翻译案例||  发布人:翻译家(Fanyijia.com)


中华人民共和国测绘法
Surveying and Mapping Law of the People's Republic of China
第一条 为了保障测绘事业的顺利发展,促进测绘事业为国家经济建设、国防建设和科学研究服务,制定本法。
Article 1 This Law is formulated to ensure the smooth development of the undertaking of surveying and mapping and promote the service thereof to the national economic construction, the building up of the national defence, and scientific research.
第二条 在中华人民共和国领域和管辖的其他海域从事测绘活动,必须遵守本法。
Article 2 All surveying and mapping activities conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China must comply with this Law.
第三条 国务院测绘行政主管部门主管全国测绘工作。
Article 3 The competent department of surveying and mapping administration under the State Council shall be in charge of the surveying and mapping work throughout the country.
国务院其他有关部门按照国务院规定的职责分工,负责管理本部门的测绘工作。
Other relevant departments under the State Council shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the State Council.
省、自治区、直辖市人民政府管理测绘工作的部门,主管本行政区域内的测绘工作。
The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be in charge of the surveying and mapping work within its administrative region.
省、自治区、直辖市人民政府其他有关部门,按照本级人民政府规定的职责分工,负责管理本部门的测绘工作。
 Other relevant departments of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall be responsible for the management of surveying and mapping work within their respective departments in line with the functions and responsibilities assigned to them by the people's government at the corresponding level.
军队测绘主管部门负责管理军事部门的测绘工作,并按照国务院、中央军事委员会规定的职责分工负责管理海洋基础测绘工作。
The competent department of surveying and mapping in the armed forces shall be responsible for the management of surveying and mapping work of military departments, and shall, in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission, be responsible for the management of basic marine surveying and charting work.
第四条 测绘应当使用国家规定的测绘基准和测绘标准。
Article 4 The surveying and mapping datums and standards prescribed by the State shall be employed in surveying and mapping.
第五条 国家鼓励加强测绘科学技术研究,采用先进技术和先进设备,提高测绘科学技术水平。
Article 5 The State shall encourage the enhancement of scientific and technological research in surveying and mapping, the adoption of advanced technology and equipment, and the upgrading of the scientific and technological level in surveying and mapping.
对在测绘工作和有关的科学技术研究等方面做出显著成绩的单位和个人,给予奖励。
Units and individuals that have made outstanding achievements in surveying and mapping work and related scientific and technological research shall be awarded.
第六条 各单位和个人应当对测绘提供便利,不得妨碍和阻挠测绘人员按照规定进行测绘活动。
Article 6 Every unit and individual shall help facilitate surveying and mapping and must not impede or obstruct surveying and mapping personnel from carrying out surveying and mapping activities in accordance with relevant regulations.
第二章 测绘基准和测绘系统
CHAPTER II SURVEYING AND MAPPING DATUMS AND SYSTEMS
第七条 国家设立和采用全国统一的大地基准、高程基准、深度基准、重力基准,其数据由国务院测绘行政主管部门审核,并同国务院其他有关部门、军队测绘主管部门会商后,报国务院批准发布。
Article 7 The State shall establish and adopt the nationwide unified geodetic datums, vertical datums, depth datums and gravimetric datums, and the data thereof shall be examined and verified by the competent department of surveying and mapping administration under the State Council and, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, shall be submitted to the State Council for approval and publication.
第八条 国家建立全国统一的大地坐标系统、平面坐标系统、高程系统、地心坐标系统和重力测量系统,确定国家大地测量等级和精度,以及国家基本比例尺地图的系列和基本精度。
Article 8 The State shall establish a nationwide unified geodetic coordinate system, plane coordinate system, vertical system, geocentric coordinate system and gravimetric system, and define the classification of orders and classes and precision of the national geodetic survey, as well as the national basic scale map series and their basic precision.
具体规定由国务院测绘行政主管部门同国务院其他有关部门、军队测绘主管部门会商后制定,报国务院批准发布。
Specific rules shall be formulated by the competent department of surveying and mapping administration under the State Council after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, and submitted to the State Council for approval and publication.
第九条 因建设、城市规划和科学研究的需要,局部地区可以建立相对独立的平面坐标系统。
Article 9 Relatively independent plane coordinate systems may be established in local areas on account of the needs of construction, urban planning and scientific research.
大城市、中等城市和大型建设项目建立相对独立的平面坐标系统,应当按照规定经国务院有关部门或者省、自治区、直辖市人民政府批准,报国务院测绘行政主管部门备案,并与国家坐标系统相联系。
The establishment of relatively independent plane coordinate systems in large or medium-sized cities, and for large construction projects, shall, in line with relevant regulations and subject to the approval by relevant departments under the State Council or by the people's governments of relevant provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the competent department of surveying and mapping administration under the State Council for the record, and such systems shall be connected with the national coordinate system.
第三章 测绘规划及其实施
CHAPTER III SURVEYING AND MAPPING PLANS AND THEIR IMPLEMENTATION
第十条 国务院测绘行政主管部门根据实际情况分别会同国务院其他有关部门、军队测绘主管部门,编制全国基础测绘和其他重大测绘项目规划,并按照分工组织实施。
Article 10 The competent department of surveying and mapping administration under the State Council shall, in conjunction with other relevant departments under the State Council or the competent department of surveying and mapping in the armed forces respectively as the circumstances may require, draw up plans for the national basic surveying and mapping and other major surveying and mapping projects, and take charge of their implementation according to the division of responsibilities.
国务院其他有关部门编制本部门专业测绘规划,报国务院测绘行政主管部门备案后,组织实施。
Other relevant departments under the State Council shall work out specialized surveying and mapping plans for their respective departments, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.
省、自治区、直辖市人民政府管理测绘工作的部门根据需要,可以编制本行政区域内局部地区的基础测绘和其他重大测绘项目规划,报国务院测绘行政主管部门备案后,组织实施。
The department of surveying and mapping administration of the people's government of a province, an autonomous region or a municipality directly under the Central Government may, if necessary, work out plans for basic surveying and mapping in local areas and for other major surveying and mapping projects within its demonstrative region, and take charge of their implementation after submitting them to the competent department of surveying and mapping administration under the State Council for the record.
军队测绘主管部门编制军事测绘规划和按照国务院、中央军事委员会规定的职责分工编制海洋基础测绘规划,并组织实施。
The competent department of surveying and mapping in the armed forces shall work out plans for military surveying and mapping, shall in line with the functions and responsibilities assigned to it by the State Council and the Central Military Commission draw up plans for basic marine surveying and charting, and shall take charge of their implementation.
第十一条 国务院测绘行政主管部门会同国务院土地管理部门和国务院其他有关部门编制地籍测绘规划,并由国务院测绘行政主管部门按照规划组织协调地籍测绘工作。
Article 11 The competent department of surveying and mapping administration under the State Council shall, in conjunction with the department of land administration under the State Council and other relevant departments under the State Council, draw up cadastral surveying and mapping plans; the competent department of surveying and mapping administration under the State Council shall in accordance with these plans organize and coordinate cadastral surveying and mapping work.
第十二条 承担测绘任务的单位必须具备与其所从事的测绘工作相适应的技术人员、设备和设施,由国务院测绘行政主管部门或者省、自治区、直辖市人民政府管理测绘工作的部门对其测绘资格审查合格后,方可承担测绘任务。
Article 12 A unit undertaking surveying and mapping missions must possess the technical personnel, equipment and facilities compatible with the surveying and mapping work they are engaged in; it shall not undertake any surveying and mapping missions until its qualification of surveying and mapping has been verified by the competent department of surveying and mapping administration under the State Council or the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.
国务院其他有关部门管辖系统内的单位承担本部门业务范围内的测绘任务,由该部门进行测绘资格审查。
With respect to units, under the jurisdiction of other relevant departments under the State Council, undertaking surveying and mapping missions within the specialized scope of their respective departments, their qualification of surveying and mapping shall be verified by their respective departments.
军队测绘主管部门负责军事测绘单位的测绘资格审查。
The competent department of surveying and mapping in the armed forces shall be responsible for the verification of the qualification of surveying and mapping of military surveying and mapping units.
第十三条 承担测绘任务的单位,施测前应当按照规定向测绘项目所在地的省、自治区、直辖市人民政府管理测绘工作的部门或者国务院授权的部门进行测绘任务登记。
Article 13 A unit undertaking surveying and mapping missions shall, before performing any surveying and mapping, register in accordance with regulations such missions with the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located, or with the department authorized by the State Council.
需要进行登记的测绘任务的范围,由省、自治区、直辖市人民政府或者国务院授权的部门规定。
The scope of a surveying and mapping missions that need to be registered shall be defined by the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.
列入全国基础测绘规划、专业测绘规划的测绘任务,施测前由编制测绘规划的部门将任务安排通知测绘项目所在地的省、自治区、直辖市人民政府管理测绘工作的部门或者国务院授权的部门,不再另行登记。
In the cases of a surveying and mapping mission included in the national basic surveying and mapping plans or in specialized surveying and mapping plans, the department that worked out the surveying and mapping plans shall, before performing any surveying and mapping, notify the department of surveying and mapping administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the surveying and mapping project is located or the department authorized by the State Council, of the arrangements for the mission; no further registration for such a mission is required.
军事测绘任务的登记,按照中央军事委员会的规定执行。
Registration for military surveying and mapping missions shall be governed by the relevant regulations of the Central Military Commission.
第十四条 测绘人员进行测绘时,应当持有测绘工作证件。
Article 14 Surveying and mapping personnel shall, in conducting surveying and mapping work, hold surveying and mapping work certificates.
第四章 界线测绘
CHAPTER IV BOUNDARY SURVEYING AND MAPPING
第十五条 中华人民共和国地图的国界线标准样图,由外交部和国务院测绘行政主管部门制定,报国务院批准发布。
Article 15 Standard sample maps defining the international boundaries of the People's Republic of China shall be drafted by the Ministry of Foreign Affairs and the competent department of surveying and mapping administration under the State Council and submitted to the State Council for approval and publication.
第十六条 省、自治区、直辖市和自治州、县、自治县、市的行政区域界线的测绘,按照国务院规定的办法进行。
Article 16 Surveying and mapping of the administrative boundaries between provinces, autonomous regions, municipalities directly under the Central Government, and between autonomous prefectures, counties, autonomous counties and cities shall be conducted in accordance with the measures drawn up by the State Council.
第十七条 土地、建筑物、构筑物以及地面上其他附着物的权属界址线测绘,按照县级以上地方人民政府确定的权属界线的界址点、界址线或者提供的有关登记资料和附图进行。
Article 17 Surveying and mapping of the estate boundary location lines of lands, buildings, structures and other aboveground objects attached to the land shall be conducted in accordance with the estate boundary location points and estate boundary location lines determined by the local people's governments at or above the county level or by relevant registration data and attached maps provided by such governments.
第五章 测绘成果管理
CHAPTER V MANAGEMENT OF SURVEYING AND MAPPING RESULTS
第十八条 国务院其他有关部门和县级以上地方人民政府有关部门完成的基础测绘成果和专业测绘成果,必须按照规定分别向国务院测绘行政主管部门或者省、自治区、直辖市人民政府管理测绘工作的部门汇交测绘成果目录;
Article 18 Basic surveying and mapping results and specialized surveying and mapping results completed by other relevant departments under the State Council or by the relevant departments of the local people's governments at or above the county level must, in accordance with regulations, be summarized and submitted in the form of catalogues respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government;
国务院其他有关部门和省、自治区、直辖市人民政府其他有关部门完成的天文测量、大地测量、卫星大地测量、重力测量的数据和图件以及正式印制的地图,必须按照规定分别向国务院测绘行政主管部门或者省、自治区、直辖市人民政府管理测绘工作的部门汇交副本。
data and graphs of astronomical surveys, geodetic surveys, satellite geodetic surveys and gravimetric surveys completed by other relevant departments under the State Council or other relevant departments of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, as well as maps officially printed by them, must, in accordance with regulations, be summarized and submitted, in the form of duplicate copies, respectively to the competent department of surveying and mapping administration under the State Council or the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.
国务院测绘行政主管部门和省、自治区、直辖市人民政府管理测绘工作的部门,应当定期编制测绘成果目录,并向有关使用单位提供。
The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall regularly compile catalogues of the surveying and mapping results and supply them to relevant users.
第十九条 外国的组织、个人在中华人民共和国领域和管辖的其他海域测绘或者与中华人民共和国有关部门、单位合作测绘,须经中华人民共和国政府或者其授权的部门批准。
Article 19 Surveying and mapping to be conducted in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China by a foreign organization or individual alone or in cooperation with the relevant department or unit of the People's Republic of China shall be subject to the approval by the Government of the People's Republic of China or by the department authorized by it.
外国的组织、个人经批准在中华人民共和国领域和管辖的其他海域测绘或者与中华人民共和国有关部门、单位合作测绘,必须遵守中华人民共和国的有关法律、行政法规的规定,并向国务院测绘行政主管部门提交全部测绘成果副本一式两份。
A foreign organization or individual that with due approval conducts surveying and mapping in the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China either alone or in cooperation with the relevant department or unit of the People's Republic of China, must comply with relevant laws and administrative rules and regulations of the People's Republic of China and must submit two duplicates copies of the complete surveying and mapping results to the competent department of surveying and mapping administration under the State Council.
第二十条 测绘成果需要保密的,其密级的确定、变更和解密以及使用,依照保守国家秘密法的规定执行。
Article 20 Where the surveying and mapping results need to be kept confidential, the determination or alteration of the category of secrecy, the declassification of the secrets as well as the use of such results shall be governed by the Law on Guarding State Secrets.
对外提供保密的测绘成果,依照国务院、中央军事委员会规定的审批程序执行。
In the event that classified surveying and mapping results are to be supplied to foreign organizations or individuals, the procedures of examination and approval laid down by the State Council and the Central Military Commission shall be followed.
第二十一条 测绘成果实行有偿使用,具体办法由国务院规定。
Article 21 Charges shall be paid for the use of surveying and mapping results; specific measures therefore shall be drawn up by the State Council.
测绘成果属于知识产权的,适用有关法律的规定。
The surveying and mapping results that come under the category of intellectual property shall be governed by provisions of relevant laws.
第二十二条 中华人民共和国领域和管辖的其他海域的位置、高程、深度、面积、长度等重要地理信息数据,由国务院测绘行政主管部门审核,并同国务院其他有关部门、军队测绘主管部门会商后,报国务院批准,由国务院或者其授权的部门发布。
Article 22 Significant geographic information and data concerning the positions, elevations, depths, areas and lengths of the territorial air, land and waters, as well as other sea areas under the jurisdiction of the People's Republic of China shall be examined and verified by the competent department of surveying and mapping administration under the State Council then, after consultation with other relevant departments under the State Council and the competent department of surveying and mapping in the armed forces, be submitted to the State Council for approval, and then published by the State Council or by the department authorized by it.
第二十三条 国务院测绘行政主管部门和省、自治区、直辖市人民政府管理测绘工作的部门对基础测绘成果实施质量监督。
Article 23 The competent department of surveying and mapping administration under the State Council and the departments of surveying and mapping administration of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall exercise supervision over the quality of basic surveying and mapping results.
测绘单位应当建立、健全测绘成果的质量管理制度。
A surveying and mapping unit shall establish and improve the system of quality control over its surveying and mapping results.
第六章 测量标志保护
CHAPTER VI PROTECTION OF SURVEYING MARKERS
第二十四条 各单位和个人都有保护地上和地下的永久性测量标志以及在使用中的临时性测量标志的义务,不得损毁或者擅自移动,不得侵占永久性测量标志用地。
Article 24 Every unit and individual shall have the duty to protect permanent above-ground and underground surveying markers as well as temporary surveying markers still in use; any unit or individual may not damage, destroy, or without authorization remove surveying markers, nor seize or occupy the land used for permanent surveying markers.
在永久性测量标志安全控制范围内,不得采矿、取土、挖沙、采石、爆破、射击以及进行其他危害测量标志安全和使用效能的活动。
Within the security control area of a permanent surveying marker, no mining, earth-gathering, sand-excavating, quarrying, demolition, shooting and other activities which endanger the safety and effective utilization of the surveying markers shall be allowed.
第一款所称永久性测量标志,是指各等级的三角点、基线点、导线点、军用控制点、重力点、天文点、水准点的木质觇标、钢质觇标和标石标志,以及用于地形测图、工程测量和形变测量的固定标志和海底大地点设施等。
Permanent surveying markers as referred to in paragraph 1 of this Article include wooden or steel signals and stone markers established at triangulation points, baseline points, traverse points, military control points, gravimetric points, astronomic points and leveling points of various orders and classes, as well as fixed markers used for topographic mapping, engineering surveying and deformation measurement, and installations at seabed geodetic points.
第二十五条 建设永久性测量标志的单位应当对永久性测量标志设立明显标记。
Article 25 A unit that establishes permanent surveying markers shall set up distinct signs for such markers.
建设永久性测量标志的单位应当委托当地有关单位指派专人负责保管该测量标志。
A unit that establishes permanent surveying markers shall entrust an appropriate local unit with the designation of personnel for taking care of such surveying markers.
第二十六条 进行工程建设,应当避开永久性测量标志;确实无法避开,需要拆迁永久性测量标志或者使该测量标志失去效能的,建设单位应当取得设置永久性测量标志单位的同意,经国务院测绘行政主管部门或者省、自治区、直辖市人民政府管理测绘工作的部门批准。建设单位应当支付迁建费用。
Article 26 A construction unit shall, in carrying out engineering construction, seek to get around permanent surveying markers; if it is absolutely impossible to get around such markers and necessary to have them removed or rendered ineffective, the construction unit shall acquire consent from the unit that has established the permanent surveying markers, and, obtain approval from the competent department of surveying and mapping administration under the State Council or from the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government. The construction unit shall bear the expenses for the removal and reestablishment of such markers.
第二十七条 测绘人员使用永久性测量标志,必须持有测绘工作证件,并保证该测量标志的完好。负责保管该测量标志的单位和人员,应当查验使用后的测量标志的完好状况。
Article 27 Surveying and mapping personnel, when employing permanent surveying markers, must hold surveying and mapping work certificates and ensure that the surveying and mapping markers remain in good condition. The unit or individual responsible for taking care of the surveying and mapping markers shall inspect and examine if they are intact after employment.
第二十八条 违反本法规定,未经测绘资格审查违法经营测绘业务的,由省、自治区、直辖市人民政府管理测绘工作的部门或者其授权的部门责令停止测绘业务,没收违法所得,可以并处违法所得百分之五十至百分之一百的罚款。
Article 28 Those who, in violation of the provisions of this Law, have illegally engaged in surveying and mapping for commercial purposes without having their qualification of surveying and mapping verified shall be ordered to suspend their surveying and mapping activities, have their illegal incomes confiscated, and may additionally be imposed a fine thereon ranging from 50% to 100% of their illegal gains, by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.
第二十九条 违反本法规定,施测前未按照规定进行测绘任务登记的,由省、自治区、直辖市人民政府管理测绘工作的部门或者国务院授权的部门责令停止测绘。
Article 29 Units that, in violation of the provisions of this Law, fail to have their surveying and mapping missions registered according to regulations prior to performing any surveying and mapping shall be ordered to suspend their surveying and mapping by the department of surveying and mapping administration of the people's government of the relevant province, autonomous region or municipality directly under the Central Government or by the department authorized by the State Council.
第三十条 测绘成果质量不合格给用户造成损失的,测绘单位应当承担赔偿责任。
Article 30 A surveying and mapping unit shall be liable for compensation for any losses caused to a user or users by its substandard surveying and mapping results.
多次测绘成果质量不合格给用户造成损失的,由省、自治区、直辖市人民政府管理测绘工作的部门或者其授权的部门取消其测绘资格。
A surveying and mapping unit whose substandard surveying and mapping results have many times caused losses to a user or users shall have its qualification of surveying and mapping divested by the department of surveying and mapping administration or by the department authorized by it, of the people's government of the relevant province, autonomous region or municipality directly under the Central Government.
第三十一条 当事人对行政处罚决定不服的,可以在接到处罚通知之日起十五日内,向作出处罚决定的机关的上一级机关申请复议;对复议决定不服的,可以在接到复议决定之日起十五日内,向人民法院起诉。
Article 31 A party refusing to accept a decision on administrative sanctions may, within 15 days from receiving the notification of such a decision, apply for reconsideration to the authorities next higher to the authorities that have made the sanction decision; if the party refuses to accept the reconsideration decision, it may, within 15 days from receiving the reconsideration decision, bring a suit before a people's court.
当事人也可以在接到处罚通知之日起十五日内直接向人民法院起诉。当事人逾期不申请复议,也不向人民法院起诉,又不履行处罚决定的,作出处罚决定的机关可以申请人民法院强制执行。
 A party may also bring a suit directly before a people's court within 15 days from receiving the notification of the sanctions. If, upon the expiration of the time limit, the party has not applied for reconsideration, nor brought a suit before a people's court, nor complied with the sanction decision, the authorities that have made the sanction decision may apply to the people's court for compulsory execution.
第三十二条 阻挠测绘人员依法进行测绘的,损毁、擅自移动永久性测量标志或者进行其他危害永久性测量标志安全和使用效能活动的,依照治安管理处罚条例的规定予以处罚。
Article 32 Those who obstruct surveying and mapping personnel from carrying out surveying and mapping according to law, who damage, destroy, or remove without authorization permanent surveying markers, or who engage in other activities that endanger the safety and effective utilization of permanent surveying markers, shall be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
故意破坏永久性测量标志的,依照刑法第一百七十五条的规定,追究刑事责任。
Those who intentionally sabotage permanent surveying markers shall be investigated for criminal responsibilities in accordance with the provisions of Article 175 of the Criminal Law of the People's Republic of China.
第八章 附 则
CHAPTER VIII SUPPLEMENTARY PROVISIONS
第三十三条 军事测绘管理办法由中央军事委员会根据本法制定。
Article 33 Measures for the management of military surveying and mapping shall be drawn up by the Central Military Commission in accordance with this Law.
第三十四条 本法自1993年7月1日起施行。
Article 34 This Law shall go into effect as of July 1, 1993.


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