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(Adopted by the 98th Standing Committee of the People's Government of Zangi on 20 August 2007, No. 235 of the People's Government Order No. 235 of 20 August 2007 (Act of 1 October 2007) Chapter I General In order to deal with land rights in a timely and impartial manner and to protect the legitimate rights and interests of landowners and users, this provision is based on laws, regulations, such as the People's Republic of China Act on the Rights of Person, the People's Republic of China Land Management Act. Article 2 The right to land that has been registered by law is disputed and does not apply to this provision. Article 3 deals with land rights in controversy and should be guided by the principles of respect for history, balance of reality, equity, justice, openness, preservation of rights and promotion of harmony. Article IV governs the handling of land rights at all levels. The authorities of the Land Resources Administration (hereinafter referred to as land management) at the district level assume specific work on the admissibility, investigation, etc. of land rights disputed cases. The sectors such as agriculture, forestry, oceans and fisheries, and water conservation are governed by their respective responsibilities. Article 5 shall not change the status of land use until the land rights dispute is resolved; the construction of buildings and other consignments on the disputed land shall be responsible for the cessation of construction. Article 6. The right to land is recognized in accordance with the laws, regulations and regulations of the People's Republic of China Land Management Act, the National People's Republic of China Land Management Act, and the relevant provisions of the State and the provincial Government. Chapter II Application and admissibility Article 7. The right to land is disputed and is addressed by the parties in consultation; the consultations are not conceived and are dealt with by the people of the land area. Article 8 (i) Units and units; (ii) Cross-commercial (commune) administrative areas within the province; (iii) Submitted by the Government of the High-level People. The right to land between individuals, individuals and units is disputed and is dealt with by the commune (communes) people's government, and the parties may apply to the people of the district (markets, districts) where the application is sought. Article 9 (i) Administrative regions across the city (market, area); (ii) Significant impacts within the scope of this city; (iii) Submitted by the Government of the High-level People. Article 10 (i) The municipal administration area across the area; (ii) Significant implications within this province. Article 11. The right to land is disputed by the direct stakeholder. The Government of the commune (commune) is responsible for dealing with the application to the commune (communes) people's government; it is the responsibility of more than the communes to apply to the Government's land management responsible for processing. The right to land between individuals is disputed and the parties apply to the communes (communes) to the people's Government, which may be presented orally; the staff who accept the application shall record the application under article 12 of the present article and be signed by the applicant upon confirmation by the applicant (chap. Article 12. The application shall include the following: (i) The basic situation of the applicant and the applicant; (ii) Request matters, facts and reasons, including the time, cause, controversy, main differences, four to scope and area of the original dispute. Article 13. More than 10 parties shall be elected to participate in the handling of cases by two to five representatives. The act of a representative in the course of the dispute was effective against the parties represented, but the change of the representative, the waiver of the dispute resolution request or the recognition of the consent of the party in the settlement of the request must be agreed with the parties represented. The parties may entrust the agent with the treatment of the right to land. Article 14. The applicant submits to the commune (commune) the application for dispute settlement, and the Government of the commune (commune) shall decide whether to be admissible within 7 days of receipt of the request and, within 5 days of the date of the decision, inform the applicant in writing or inadmissibility of the decision; and the request shall be sent a copy of the application together with the applicant. The following conditions do not fall within the scope of the application of the right to land in controversy: (i) The dispute over the territorial boundaries of the administrative region; (ii) Disputes relating to the right to operate in rural land contracting; (iii) Property disputes arising from the sale, sale and sale of property, grant and parenthood; (iv) Laws, regulations stipulate that they are not disputed by land rights. Article 16: The applicant submits a dispute resolution application to the land administration and the land management shall be treated in accordance with the following provisions: (i) To be admissible in accordance with the requirements of the provision, the admissibility decision shall be taken within 7 days of the date of receipt of the request and, within 5 days of the date of the receipt, a copy of the application shall be delivered to the applicant; (ii) In the opinion of non-admissibility of the request, it should be submitted to the Government of the current people for decision; inadmissibility decisions should be taken within 10 days of the date of receipt of the request and sent to the applicant within 5 days of the date of the submission. The right to land at this level, as well as at the level of the Government of the High-level People, is a disputed case under the preceding paragraph. Article 17: The right to land to be disposed of is one of the following disputes, and the Government of the people who have accepted the application (communes) or land management shall be treated in accordance with the following provisions: (i) The dispute should be dealt with by other organs and it is recommended that an application be made to the competent organ; (ii) The dispute is a case of land law and the land administration that is subject to the application should be identified; the Government of the commune (communes) accepts the application, and the case should be transferred to the land administration in the district (market, area). Chapter III Conciliation and decision Article 18 communes (communes) government or land management should be appointed to perform the request. The units established by the land management in the district (markets, areas) should assist the Government in dealing with land rights disputes. Article 19 has one of the following cases, and the parties have the right to make requests for avoidance: (i) Near relatives of the parties or parties, agents of the present case; (ii) Be beneficial to the present case; (iii) Other relations with the present case may affect fair treatment. The party's request for avoidance should explain the grounds. The custodian decides whether the commune (commune) of the treasury or the head of the land administration. Article 20 shall be submitted by the applicant within 15 days of the date of receipt of a copy of the claim for the settlement of the dispute; the late submission of the reply shall not affect the trial of the case. Article 21, the parties to the land rights dispute shall provide information on the claims made by themselves within the period specified. The evidence submitted by the parties in article 22 includes: (i) The right to land proves that the construction property certificate material is available; (ii) The collection, requisitioning, transfer of land documents, accompanying maps and related compensation agreements, the compensation checklist, the right to land use, the award and the award of the award; (iii) Approval of documentation by farmers' homes; (iv) Books of mediation, decision-making and judgement of the People's Court, rulings, arbitral awards, and the title of the land rights agreement; (v) Other rights-related documents, information, documentation, etc. Evidence material provided to the parties in article 23, the Government of the commune (commune) or the land administration should investigate and collect the evidence accordingly. The investigation units and individuals should provide proof or material as necessary. In communes (communes) the people's Government or land management survey of land rights disputes, more than two people should be present to the surveyor. After the investigation was confirmed by the investigator, the investigation was signed by the investigationor, the investigatingor or the chapter. The material verified by the investigation can serve as a basis for de facto determination. Article 24 requires mapping of the disputed land, and land mapping institutions should conduct mapping and be responsible for the accuracy of the results. Institutions responsible for land mapping should have corresponding qualifications. Article 25 deals with the disputed treatment of the right to land and shall be subject to mediation on the basis of the identification of facts and the separation of powers. Mediation is chaired by the land administration that receives the application or by the people's Government, with the participation of both parties, witnesses and may invite the relevant units and individuals to assist. The invited units and individuals should assist in mediation. Mediation is conducted wherever possible. Article 26 Agreed mediation should produce conciliations. The letter of mediation should contain the following: (i) The basic situation of the parties; (ii) Mediation chairs; (iii) The main facts of the dispute; (iv) The content of the agreement and other related matters. Article 27 of the letter of mediation and the accompanying line map are signed by the parties (chap. The letter of mediation in force may serve as a basis for land registration. Article 28 does not violate the provisions of the law. The Government of the people responsible for the right to land is disputed should make a timely decision to deal with it in a timely manner, either by mediation or by conciliation. Article 29 shall contain the following matters: (i) The basic situation of the parties; (ii) Facts, grounds and requests of controversy; (iii) The facts and the basis for their application; (iv) Processing results; (v) Other matters. Article 31 shall be closed within six months from the date of receipt of the application; as a result of the complexity of the merits, the approval of the main holder of the commune (in town) or land administration may be extended for one month. The Government of the commune (commune) or the land administration shall, within 15 days of the date of the mediation or the processing of the decision, communicate the letter of mediation to the parties. Article 32, inadmissibility of a decision by the parties to deal with the dispute and inconsistency, may apply to administrative review and prosecution under the law. Chapter IV Legal responsibility Article 33, in violation of article 5 of the present article, undermines the status of land use by land management responsible for the recovery of the status quo, and by the parties to one party causing economic losses to the other party, civil liability should be borne. Article 34 quater of the right to land is one of the following acts by the disputed party and other persons, which are warned by the land management responsible for the disputed settlement of the land authority or by the Government of the commune (communes), or by fines of up to 500,000 yen, in violation of the provisions of the security administration, by law by public security authorities: (i) Contrary, destroying evidence; (ii) Being, bribeing, coercing other persons to be false or threatened, and preventing witnesses from testifying Article XV of the rights of all levels of the people, land management and their staff have one of the following cases, which are subject to administrative or disciplinary action by the competent organ, in accordance with the authority to administer, and in the event of serious crimes, constitute criminal liability under the law: (i) The dispute settlement application shall be admissible without admissibility; (ii) The contractor should avoid and not be avoided; (iii) Cost charged during the dispute settlement process; (iv) In violation of established procedures, the time period for the processing of cases in which land rights are disputed; (v) Other acts of negligence, abuse of authority, favouring private fraud. Chapter V Article XVI of the province's land management may establish rules for the recognition of the application of land rights, in accordance with the relevant provisions of the State and the actual situation in the province, after the approval of the Government. Article 37 |
