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Guangzhou Forest Rights Disputes In A Number Of Provisions

Original Language Title: 广州市林权争议处理若干规定

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Several provisions have been dealt with in the dispute over the rights to forests in the State.

(Summit No. 115 of 21 June 2010 of the Thirteenth People's Government of the State of the Great Britain and Northern Ireland) considered the adoption of the Ordinance No. 35 of 26 July 2010 on the People's Government of the State of the Great Britain and Northern Ireland on 1 September 2010

Article 1 protects the legitimate rights of the parties, preserves social harmony and fosters forest development, in accordance with the People's Republic of China's Forests Act, the Regulations on the Protection of Lands in Broad Oriental Province and the relevant laws, regulations and regulations, in conjunction with the current city.

Article 2

The reference to this provision refers to disputes arising between units, units and individuals, individuals arising from the ownership of forests, forests and forest land or the belonging to the right to use.

Article 3. Municipal, district, district and district-level municipalities and the Government of the Town are responsible for dealing with forest-right disputes within this administrative area in accordance with the law.

Institutions responsible for the settlement of the forest rights dispute at all levels of the people's Government's forest rights dispute settlement are specifically dealt with in the municipalities, districts, district-level municipalities, townships.

The Street Office is responsible for the handling of forest disputes under this provision.

Article 4

(i) The dispute over forest rights in the streets and the controversy over forest rights among units within the town's jurisdiction are dealt with by the Government of the People's Republic of the Region, the District and the District. The parties should apply to the street offices or to the town forest rights dispute settlement bodies, either before being admitted, investigated, mediation by the street offices or by the town forest rights dispute mediation agencies. Mediation is undesirable and is coordinated by the agencies of the Street Office or the Resettlementary Authority of the Town's Restruction Service.

(ii) The right to forest disputes between individuals and units within the town's jurisdiction, which are dealt with by the Government of the Town. The parties should submit an application to the LLRA body to receive, investigate and mediate by the LLRA's body; mediation is incomplete and inform the Government of the town.

(iii) Cross-border, town forest-right disputes within the territorial administration of the district, district and district levels are dealt with by the Government of the People's Government. The parties should apply to the disputed forest, forestland, forest wood sites (hereinafter referred to as “disputabled”) street offices or to the town's forest dispute settlement agency for the purpose of receiving, organizing investigations and conciliation by the authorities of the Resettlement Service. Mediation is undesirable and is coordinated by the offices of the Street Office or the Resettlement of the Resettlementary Authority of Towns.

(iv) Cross-zonal, district-level forest-right disputes within the city's administration are dealt with by the Government of the city. The parties should submit an application to the disputed district, district-level municipal forest-rights mediation bodies, which are accepted, organized to investigate and mediate by the first receiving the area requested by the Correspondent, the district-level municipal forest-rights mediation body. The mediation is not the result of the redeployment of the LLRA agencies by district, district-level municipal forest dispute resolution agencies.

(v) The present city is disputed with other municipalities and is governed by article 8, paragraph 3, of the Broad Orientale Forestforestry Disputes Approach.

The above-mentioned municipal, district, district-level municipalities, town forest-right dispute mediation agencies and street offices are known as the forest-right dispute mediation body.

Article 5. Cross- Street, town and cross-zonal, district-level and district-level forest disputes, disputed over two or more competent forest-right dispute management bodies receive requests at the same time, or the parties have contested the subject of the jurisdiction, cross-border, town forest disputes, designated by the local, district-level people's governments; cross-zonal, district-level and municipal forest rights disputes, which are governed by the municipal forest-rights mediation agencies.

For reasons such as administrative adjustments, the forest right disputed jurisdiction should be changed, and the admissibility body should refer the application and the related materials to the competent forest-right dispute management body and inform the parties in writing.

Article 6. The parties shall apply for the handling of the forest dispute and shall transmit the application and submit a copy in accordance with the number of applicants, while providing the following material:

(i) The documents of the forest wood, forest land rights and their sources;

(ii) The name and residence of witnesses;

(iii) The applicant's identity certificate, the qualifications of a legal person or other organization, the identity of a legal representative or head of the head, the legal agent or the author's certificate and the entrustment of the commissioning matter and the delegated authority.

Article 7

(i) The applicant has a direct stake in the disputed forest, forest and forest areas;

(ii) A clear target audience and a specific request for coordination;

(iii) There is a specific factual basis.

Article 8

(i) Decisions have been taken by the people's Government by law;

(ii) The People's Court has made decisions, judgements, conciliations closed or accepted;

(iii) Disputes such as the right to operate and the right to benefit of the contractor arising from the forest wood, forest flow;

(iv) Violations of forest wood and forest land;

(v) Other cases provided for by law, regulations and regulations.

Article 9.

A forest-right dispute settlement body that receives the application shall send a copy of the application, the disputed right of the applicant to the body of another forest dispute settlement authority. Another forest disputed reassignment body shall send a copy of the application to the applicant within 15 days and send a notice of the written replies to the applicant. The applicant shall, within 30 days of the date of receipt of a copy of the application, submit a written response and related rights-related material to the author's dispute settlement body, which shall respond in a timely manner to the body's views in the forest-right dispute settlement body that receives the application and attach the written replies submitted by the applicant and relevant material.

The forest-right disputes across the street, town and cross-zonal, district-level municipalities have been negotiated through joint mediation, and the forest-rights dispute mediation paper should include a chapter of the body of the Rice Disputes Unit, which is involved in joint mediation.

Article 10. The applicant and the applicant may not be able to provide the forest certificate, and the LLRA body shall, upon receipt of the request, make a notice of the claim in the forested area and issue a notice through the Internet or the media, the notice shall not be less than three months and shall be processed by law after the expiry of the notice.

During the settlement of the forest right dispute, a third party made a written objection, and the LLRA should review it within 10 days of the receipt of the written objection and inform third parties of the outcome in writing. The right to be provided shall be included as a third party in the process of processing; the failure to provide a document is not included as a third party.

The forest rights dispute facilitators determine the third party's participation in the forest-rights dispute resolution and should send the applicant and the applicant to the third-party written rights to object and documentation; the applicant and the applicant shall submit a written reply to the LLRA body within 30 days of the receipt of the third-party objection and the documentation.

When the LLRA body accepts the application for the settlement of the forest dispute, the parties should be convened to conduct an inventory of the disputed sites and invited representatives of local grass-roots organizations to determine the scope of the dispute. The right to forest disputes across the street, town or cross-zonal, district-level municipalities are governed by the disputed two-territorial disputed mediation bodies, together with the disputed parties and the associated personnel, to determine the scope of the dispute on the ground.

The situation and results of the survey should be mapped and map the scope of the forest rights dispute, signed by the surveyor, the parties and representatives of grass-roots organizations or chapter. The parties shall, without justification, deny access to the survey site or refuse to sign on the examination of the record.

Article 13 The investigation should be produced by a survey note by the investigators and the investigation units, personal signatures or chapters.

The right to forest disputes across the street, town or cross-zonal, district and district levels, the body responsible for the application's claim is the subject of a survey of the applicant's claim, and the other forest-rights mediation body in the disputed area is responsible for the author's claim to be examined.

Article 14. The convening of a coordination meeting should produce a record of the meeting.

A staff member participating in the forest rights dispute settlement shall not be less than two.

Article 15. The following materials are required to be delivered by the next-level forest dispute settlement body when the forest rights dispute is dealt with by the top-level forest dispute management body:

(i) The right of the parties to the dispute to be evidence;

(ii) On-site survey and accompanying maps of the dispute;

(iii) Integrated investigations;

(iv) Report on the results of mediation;

(v) Other requests.

Article 16 is a group of village farmers and is dealt with by the heads of the Village National Commission or the Collective Economic Organization of the Village, which may also delegate the villagers' representatives. A representative of a party involved in the dispute settlement of the right to forest is generally not more than five.

Article 17 has the right of the party to entrust the agent to participate in the forest-rights dispute settlement, and the agent may receive, reproduce the evidence collected by the parties or by the executive branch, with the exception of national confidentiality, commercial secrets and personal privacy.

Article 18 Parties shall provide evidence within 60 days of the date of receipt of a letter of proof from the body of the Authority. The extension may be made up of 30 days, with the consent of the LLRA, due to the fact that it is not possible to provide evidence at the time. The failure to provide evidence is considered to give up the right to testify.

Article 19, in the course of the settlement of the forest right dispute, is one of the following cases, and the institutions of the LLRA should terminate and inform the parties in writing:

(i) The applicant withdrew his application;

(ii) It is found to be one of the circumstances in which the provisions of article 8 are inadmissible.

Article 20 should be avoided by the staff of the Mediation Service in relation to the mark of the forest-right dispute or by the parties.

In the view of the parties, the transferee's staff would be in the interest of the parties to the forest dispute or the other party.

The evasion of the staff of the reassignment body was decided by the head of the agency in which the head of the agency was to be decided by the competent organ.

Article 21 collects, conquests a disputed forest area, which is maintained by a dedicated account by the Government of the people dealing with the dispute and distributes compensation and proceeds in full to the owner within 30 days of the dispute settlement. The expropriation indemnity payments maintained by the specialized account shall not be diverted.

Following the settlement of the forest dispute, the communes and the communes shall issue a certificate of forest rights within one month of the date of entry into force of the LPR dispute agreement, conciliation, decision-making or administrative review decisions, decisions of the People's Court, judgements, etc.

Article 23 of the Legislature, other relevant administrative bodies and their staff are in violation of this provision, in one of the following cases, to be converted by an exemption authority or by an inspectorate; in serious circumstances, to be disposed of by law by the competent person directly responsible and by other persons directly responsible; and criminal responsibility is lawful:

(i) In violation of article IV, article 5 and Article 7 of the present article, the application of the right to forest dispute that shall be governed and in accordance with the conditions;

(ii) In the course of the settlement of the forest rights dispute, article 10 of the present article does not carry out a notice of the claim under the law; in violation of article 11 of this provision, the third party is not informed by law; in breach of article 12 of this provision is not subject to an on-site examination by law; in breach of article 13 of this provision, the evidence is not investigated by law; and in violation of article 20 of the present provision is not evaded by law;

(iii) In the course of the settlement of the forest rights dispute, in violation of article 4, paragraph 1 (c), (iv) and article 9, article 13, does not fulfil the organizational responsibility for investigation and mediation or does not fulfil joint mediation or investigative obligations;

(iv) In violation of article 21 of the present article, after the settlement of the forest dispute and the explicitness of the right, the payment of compensation in full shall not be paid in full and the proceeds to the rights;

(v) In violation of article 22 of this provision, a certificate of forest rights shall not be issued on time after the settlement of the forest right dispute;

(vi) In the course of or after the settlement of the forest-right dispute, there are other omissions, abuse of authority, provocative fraud.

Article 24