Ministry Of Land And Resources In Land Dispute Investigation Approach

Original Language Title: 国土资源部土地权属争议调查处理办法

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(January 3, 2003 Ministry of land and resources announced 17th) full text article for the law, fair and timely investigation of land ownership disputes, protect the legitimate rights and interests of the parties, safeguarding the Socialist public ownership of land, according to the People's Republic of China Law on land management, these measures are formulated.
    The second dispute of land ownership in these measures refers to ownership or use right of the land dispute. Third survey to deal with land ownership disputes, should be based on laws and regulations and regulations on land management.
    Proceeding from reality, respect history, face reality.
    Fourth land and resource administration departments at or above the county level shall be responsible for the land dispute case (hereinafter referred to as controversy) investigation and mediation work; about the need to make a decision according to law, formulate opinions, and reported to the people's Government at the decision.
    Land and resources administrative departments above the county level can specify specialized agencies or officers responsible for the dispute related matters.
    Fifth personal, between individuals and between units, disputes between unit and unit case, land and resources administrative departments at the county level, where the disputed land investigation and treatment.
    Of the provisions of the preceding paragraph, between the cases of disputes between individuals and units, according to the party's application, accepted by the people's Governments at the township level and handling.
    Sixth district municipality, autonomous administrative departments of land and resources survey address the following cases: (a) cross-county, (ii) the same level people's Governments, the superior administrative departments of land and resources assigned by the transmitted or relevant departments.
    Seventh article province, and autonomous regions, and municipalities land resources administrative competent sector survey processing following dispute case: (a) across set district of city, and autonomous administrative of; (ii) dispute party for Central State or its directly under the units, and involved land area larger of; (three) dispute party for army, and involved land area larger of; (four) in this administrative within has larger effect of; (five) sibling Government, and land resources department assigned by or about sector transferred of.
    Eighth Ministry of land and resources survey address the following cases: (a) assigned by the State Council, (ii) has a significant impact across the country.
    Nineth party land ownership disputes that cannot be resolved through consultation, according to law to apply in dealing with people's Governments above the county-level or township-level people's Government, or in accordance with the provisions of diwu、Liu、Qi、batiao these measures, to the Administrative Department in charge of land and resources related to the investigation and handling of applications.
    Tenth under application for investigation to deal with land ownership disputes, shall comply with the following conditions: (a) the relationship between applicant and disputed land has a direct interest, (ii) has a clear request handle object, specific processes the request and based on facts.
    Article 11th investigation and handling of applications for land ownership disputes, shall submit a written application and the relevant evidentiary material, and is applied according to the number of copies submitted.
    Application shall contain the following particulars: (a) the name of the applicant and the applicant or the name, address, postal code, name and title of legal representative; (b) matter, facts and reason for request; (c) the witness's name, place of work, address, postal code. 12th party may authorize an agent to apply for investigation and handling of the land dispute. Agent application, power of attorney should be submitted.
    Letter of authorization shall specify the matters entrusted and the permissions.
    Article 13th applicants apply for investigation and treatment of the land ownership dispute, land and resources administrative departments shall, in accordance with the provisions of this article tenth review, and on the date of receipt of the application within 7 working days from the admissibility of opinion. Deems it inadmissible, decision within 5 working days from the date of acceptance will be sent a copy of the application on the respondent. Respondent shall, from the date of receipt of the copy of the application within the 30th filing material and relevant evidence.
    Fails to submit the statement of Defense, does not affect the handling of cases.
    Thought should not be admissible, it should be developed in a timely manner shall not accept proposals, reported to the people's Government at the inadmissibility decisions.
    Not accepted by the party is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    People's Governments at the same level and the superior administrative departments of land and resources assigned by or relevant departments of disputes, in accordance with the relevant provisions of this article review process.
    14th the following cases are not as controversial cases: (a) land violation cases; (b) the administrative area boundary dispute cases; (iii) land law; (d) the contractual operation right of rural land dispute cases; (v) other cases not as a land ownership dispute.
    15th after accepting decision the competent administrative Department of land and resources, shall be specified in time the undertaker, to investigate the facts in dispute by the parties. 16th the undertaker and have a stake in the case of disputes, shall apply for withdrawal; the parties deem the undertaker and have a stake in the case of disputes, the right to request the undertaker avoided.
    The undertaker avoided, decided by the administrative departments of land and resources cases. 17th contractors under investigation to deal with land ownership disputes in the process of investigation to units or individuals.
    Survey units or individuals shall assist and provide relevant supporting materials. 18th in the course of investigations dealing with land ownership disputes, land and resources administrative departments felt the need to survey the disputed land, and shall notify the parties and the relevant personnel to the scene.
    If necessary, you can invite relevant departments sent to assist in the investigation.
    19th land ownership disputes the parties on the facts and reasons that bear the burden of proof, should be accountable to the investigation and handling of materials relating to evidence provided by the Administrative Department of land and resources.
    20th article land resources administrative competent sector in survey processing dispute case Shi, should review both party provides of following evidence material: (a) Government issued of determine land ownership of voucher; (ii) Government or competent sector approved expropriation, and allocated, and transfer land or to other way approved using land of file; (three) dispute both party law reached of written agreement; (four) Government or judicial organ processing dispute of file or drawings; (five) other about proved file.
    Article 21st on the evidence provided by the parties, should be verified by the Administrative Department of land and resources, as the basis for ascertaining the facts.
    22nd before the ownership and use of land dispute, any party shall change the status of land use. Article 23rd to hear disputes by the Administrative Department of land and resources shall be based on facts and distinguish between ownership of mediate, prompting the parties reached an agreement through negotiation.
    Mediation should adhere to the principle of voluntary, legal. Article 24th of a conciliation agreement shall be mediation.
    The conciliation statement shall include the following: (a) the name or names of the parties, name of the legal representative, position, (ii) principal facts in dispute; (c) the content and other matters related to the agreement.
    25th conciliation shall be signed by both parties or seal, signed by the sponsor and stamped with the seal of the land and resources administrative departments to take effect.
    The mediation agreement has the force of law in force, is the basis for land registration.
    26th land and resources administrative departments should be in mediation in the 15th after the effective date, in accordance with the relevant provisions of the civil procedure law, written mediation to the parties and also on the reported level of land and resources administrative departments.
    27th conciliation agreement has been reached, land and resources administrative departments shall timely investigate and deal with opinions, reported to the people's Government at the decision. 28th administrative departments of land and resources should be accepted within 6 months from the date of the dispute of land ownership for surveys and comments.
    Complex circumstances, not in the time allotted for surveys and opinions, after the approval of the Administrative Department in charge of land and resources, may be appropriately extended.
    Article 29th survey comments should include the following: (a) the party's name, address, legal representative of the names, positions, (ii) dispute the facts, reasons and requirements; (c) the findings of fact and application of the laws, regulations and other basis; (d) the formulation of conclusions.
    Article 30th after the Administrative Department in charge of land and resources survey comments, shall be submitted within 5 working days the same level people's Governments, ordered by the Government decision.
    Land resources disposal in the report on the Administrative Department of the people's Government at the same time, on the reported level of land and resources administrative departments.
    31st party who is dissatisfied with a decision made by the people's Governments, can apply for administrative reconsideration or bring an administrative suit.
    Within the required time, the party did not apply for administrative reconsideration or administrative proceedings, decisions shall come into legal effect.
    Decision in force is the basis for land registration.
    Article 32nd in the land dispute in the investigation process, land and resources Administrative Department for dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by his or her employer or its higher authority shall be given administrative sanctions.
    33rd people's Governments at the township level to deal with land ownership disputes, in accordance with the measures implemented.
    34th survey processing dispute cases document format, developed by the Ministry of land and resources.
    35th costs of investigation and handling of disputes, in accordance with the relevant provisions of the State. 36th these measures shall come into force on March 1, 2003. On December 18, 1995, issued by the State land administration Bureau of land ownership disputes interim measures be repealed simultaneously.

                                                                                                      

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