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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264166.shtml

Guangzhou forest rights disputes in a number of provisions

    (June 21, 2010 Guangzhou 13th session Government 115th times Executive Conference considered through July 26, 2010 Guangzhou Government makes 35th, announced since September 1, 2010 up purposes) first article for just, and timely processing forest right dispute, protection party lawful rights and interests of, maintenance social harmony stable, promote forestry development, according to People's Republic of China forest, and Guangdong Province woodland protection Management Ordinance and the related legal, and regulations, combined this city actual, developed this provides.

    Article within the administrative area of the city forest rights disputes in the application of this provision.

    Forest rights dispute in these rules refers to units, units between individuals, between individuals and between forests, trees and forest land ownership or the right to ownership disputes.

    Article city, district and county-level cities and towns shall be responsible for forest disputes shall be handled within their respective administrative areas.

    City, district and county-level cities and town people's Government agency in charge of forest rights dispute specific matters of people's Governments at all levels of forest dispute mediation.

    Street work forest rights dispute is undertaken in accordance with these regulations.

    , Forest rights dispute in accordance with the following provisions, fourth article of the grading charge, local mediation: (A) Street area of forest rights dispute and forest rights dispute between the units in the town, dealt with by the district and municipal people's Government at the county level. Parties shall to the street or town forest dispute settlement body to apply, first by street or town forest dispute mediation body to receive, investigate, mediate.

    In case of a dispute, by street or town forest dispute mediation agencies reported to the district and county-level cities of forest disputes mediation mediation agencies. (B) occurring within the jurisdiction of the town between individuals, forest rights dispute between individuals and units, handled by the town government.

    Parties shall apply to a town forest dispute mediation body, by Zhen Lin dispute mediation Agency reception, investigation and mediation; mediation fails, the town government. (C) the cross-street, town, county-level cities in the administrative area of forest rights dispute, dealt with by the district and municipal people's Government at the county level. Parties to disputes of forest, woodland, and forest located (hereinafter referred to as controversial) street or town forest dispute settlement body to apply, by mediation applications received in the first street or town forest dispute mediation Agency reception, investigation and mediation.

    In case of a dispute, by street or town forest dispute mediation agencies reported to the district and county-level cities of forest disputes mediation mediation agencies. (D) occurred within the administrative area of the city districts and county-level cities of forest rights dispute, dealt with by the municipal people's Government. Of the parties to the dispute should be district, county-level forest dispute settlement body to apply, by mediation applications received in the first district, county-level forest dispute mediation Agency reception, investigation and mediation.

    In case of a dispute, by district, county-level cities of forest, forest rights dispute mediation, dispute mediation service providers institutional mediation.

    (E) forest dispute the city with other cities, forest tree in Guangdong Province, according to the forest land dispute settlement provisions of the eighth article.

    Provisions of the preceding paragraph, municipal district, county-level cities and town forest dispute settlement bodies and subdistrict offices, hereinafter referred to as forest dispute mediation agencies.

    Fifth article across Street, and town and across district, and County forest dispute, dispute to two a or two a above has jurisdiction right of forest dispute mediation institutions while received mediation application of, or party on jurisdiction subject has objections of, across Street, and town forest dispute, by district, and County City Government specified jurisdiction; across district, and County forest dispute, by city forest right dispute mediation institutions specified jurisdiction.

    Forest rights dispute jurisdiction resulting from adjustment, change, the accepting institution shall applications and related materials, forest rights dispute settlement body to deal with the transfer of jurisdiction and notify the parties in writing.

    Sixth Party to the application right dispute, should submit their applications, and is applied according to the number of copies submitted, along with the following materials:

    (A) forest, forest land ownership documents and their source;

    (B) the witness's name and address, contact;

    (C) the identity of the applicant, legal persons or other organizations qualifications, legal representative or responsible person identification or legal representative or authorized agent identification and delegating permissions set forth the matters entrusted and the power of attorney.

    Seventh forest rights dispute to the application meets the following conditions, forest rights dispute mediation agencies shall accept:

    (A) the applicant and the forests, trees and forest land in dispute has a direct interest;

    (B) specific mediate objects, specific mediate requests;

    (C) specific facts.

    Eighth forest rights dispute to the application any of the following circumstances, forest rights dispute mediation body shall not accept:

    (A) to have Government make a decision according to law;

(B) the Court has ruled, adjudication, mediation cases or processed;   ?

    (C) belongs to the circulation of trees and woodlands occur during contractual disputes such as, the right to return;

    (D) belong to the tort of trees and woodlands;

    (E) other circumstances as stipulated by laws, rules and regulations.

    Nineth across Street, town or district and county-level cities of the forest rights dispute, by accepting the application of forest rights dispute mediation agencies, in conjunction with dispute spanned by another jurisdiction or administrative areas of forest rights dispute mediation agencies at the same level (hereinafter referred to as the other forest rights dispute settlement bodies) combined with mediation. Forest rights dispute mediation agencies for accepting applications shall be a copy of the application, the applicant disputed forest land ownership provided evidence and bodies sent another forest rights dispute mediation service. Another forest rights dispute settlement body shall send a copy of the application in the 15th the respondent, and the respondent issued the notice on submission of the written replies.

    The respondent shall, from the date of receipt of the copy of the application in the 30th, forest notice to dispute settlement bodies to submit a written reply and related rights material, the forest rights dispute settlement institutions should use this feedback in a timely manner response to accept the application of forest rights dispute mediation agencies, accompanied by written replies and the ownership of the material submitted by the applicant.

    Across the street, town and district and county-level cities of forest agreements reached by the joint mediation of disputes, forest rights dispute conciliation statement shall bear the dispute involved in the joint mediation of forest rights dispute mediation body seal.

    Article of the applicant and the applicant is unable to provide forest warrants, forest rights dispute mediation agency after acceptance of the application shall be announced in forest woodland located ownership claims, and issue a public notice through the Internet or the media, notice period of not less than 3 months after expiration of the notice according to law. 11th forest rights dispute during the third party a written objection to the ownership, ownership of forest rights dispute mediation institution shall receive a written objection within 10th of reviewing and will review the results of written notice to the third party.

    Can provide proof of ownership, should be dealt with as a third party, failing to provide proof of ownership are not considered third parties.

    Forest rights dispute settlement bodies of the third party to the disputes over forest shall be made to the applicants and the respondent served on the third party a written objection to the ownership and supporting documents applicant and respondent shall receive ownership of third party objections to the forest and supporting documentation within 30th of dispute settlement bodies to submit a written reply. 12th forest controversy after accepting an application for forest rights dispute mediation bodies, shall convene the parties to the dispute on-site investigation and local grass-roots organizations represented, determining the scope dispute.

    Across Street, town or district and county-level cities of the forest rights dispute, convened by the dispute between the forest dispute mediation agencies disputing parties and associated personnel to the site to determine the scope dispute. Exploration of the record shall be made and the outcome of, and draw the scope of forest rights dispute, signed by a representative of the parties and grass-roots organizations, exploration or seal.

    Parties without justification refuse to exploration site or refused to sign the exploration record, it should be indicated in the survey record. 13th forest dispute mediation organizations shall provide the units and individuals concerned investigation and evidence collection.

    Investigative records shall be made of the investigation, investigators and investigations unit, a personal signature or seal.

    Across Street, town or district and county-level cities of the forest rights dispute, forest rights dispute settlement bodies are responsible for accepting the application the applicant claims ownership of investigation and evidence gathering, another controversial forest rights dispute mediation agencies which the respondent claims ownership of investigation and evidence gathering. 14th forest dispute mediation body to deal with forest rights dispute can organize parties, and coordination concerning the witnesses.

    Records held a coordination meeting shall be made.

    Forest rights dispute mediation agencies participate in disputes over forest staff shall not be less than two.

    Under 15th level forest rights dispute mediation agencies on forest rights dispute level forest rights dispute mediation service providers when required shall submit the following materials:

    (A) the parties to a dispute of ownership evidence;

    (B) disputed range scene notes and drawings;

    (C) comprehensive survey;

    (D) the result of the conciliation report;

    (E) must be reported. 16th the party as a village collective farmers, head of the villagers ' Committee or collective economic organizations participating in disputes over forest, villagers committees villagers or collective economic organizations can delegate representatives.

    Party delegates to the forest rights dispute is generally not more than 5 persons.

    Article 17th party is entitled to entrust an agent to participate in the forest rights dispute, the parties and their representatives can read and copy submitted by the other party or mediation bodies to collect evidence, involving other than State secrets, business secrets and personal privacy. 18th parties for their own property, shall on receipt of the forest of the dispute settlement body of proof within 60 days from the date of the notice, provide relevant evidence. A legitimate reason could not provide evidence of regular, agreed by the forest rights dispute mediation body extension may be provided, but an extension of no more than 30th.

    Overdue to give evidence, deemed to have waived the right of proof.

    19th on forest rights dispute resolution process, any of the following circumstances, forest rights dispute mediation institution shall terminate the process and notify the parties in writing:
(A) withdrawals of mediation applications;

    (B) found that belongs to one of the provisions under article eighth inadmissible cases.

    20th article mediation staff and forest rights dispute or any party interested, should be avoided.

    Think mediation staff and forest rights dispute by the parties or the other party has an interest, you can apply to the mediation to avoid.

    Withdrawal of the mediation Agency staff, decided by the heads of the organizations, the withdrawal by the competent authority of the head of the mediation decision. Article 21st controversial expropriation and requisition of forest land, land acquisition and compensation from controversial people's Governments set up special accounts kept, and clear ownership dispute in the 30th after compensation and offer a one-time full payment to the right holder.

    Compensation in the custody of the special account shall not be diverted to any other use.

    22nd forest dispute resolved, district and municipal people's Government at the county level forest rights dispute agreements, mediation, handling decisions or administrative reconsideration decision, the Court book, within 1 month from the date of entry into force of the judgement issued forest warrants.

    Article 23rd forest dispute settlement institutions, and other relevant administrative organs and their staff in violation of the provisions of, any of the following circumstances, the appointment and removal or the supervisory organs shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) in violation of this article fourth, fifth, seventh, corresponding to the jurisdiction and in accordance with the conditions of forest rights dispute application as inadmissible;

    (B) in the forest right in the dispute settlement process, in violation of the provisions of article tenth, which advocated the ownership notice have not been; violation of the provisions of article 11th third party notifications have not been handled; violation of the provisions of article 12th without an on-site inspection; violation of the provisions of article 13th failing to investigate and collect evidence; violation of the provisions of article 20th not avoided according to law;

    (C) in the forest right in the dispute settlement process, in violation of paragraph one of this article fourth paragraph (c), (d) and Nineth and 13th, failure to comply with organizational responsibility for investigation and conciliation, or does not perform the obligation of joint conciliation or investigation;

    (D) violation of the provisions of article 21st, after the forest rights dispute and clarify ownership, not paid compensation and interest to the obligee;

    (E) violation of the provisions of article 22nd, after the forest rights dispute, not paid on forest ownership certificate;

    (F) forest ownership disputes or resolved, dereliction of duty, abuse of authority or engages in other activities. 24th article of the regulations come into force on September 1, 2010.