Heilongjiang Provincial People's Government On The Revision Of The Decisions Of The Dispute Settlement Of The Ownership Of Land In Heilongjiang Province

Original Language Title: 黑龙江省人民政府关于修改《黑龙江省土地权属争议处理办法》的决定

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(October 20, 2006 Heilongjiang Province Government 42nd times Executive Conference considered through October 20, 2006 Heilongjiang Province Government makes 12th, announced since announced of day up purposes) Heilongjiang Province Government decided on Heilongjiang province land ownership dispute processing approach for following modified: will 25th article (ii) items modified for: "by Government authorized, by land administrative competent sector made land ownership dispute processing decided of, should using this level Government land ownership dedicated documents,
    And Government leaders sign stamped people's land belongs to special ".
    Purposes from the date of publication of this decision.

    Heilongjiang province land dispute settlement pursuant to the present decision be modified accordingly and publish it again.
    Attached: land dispute in Heilongjiang province approach (2006 revision) first as legal, fair and timely processing of land ownership disputes, protect the legitimate rights and interests of the parties, in accordance with the People's Republic of China Law on land management and the land regulation in Heilongjiang province and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article of disputes over the ownership of land within the administrative area of the province, these measures shall apply.
    Forest industry belongs to the People's Republic of China regulations for the implementation of the forestry law 18th directly provided for in the second paragraph of article six engineering facilities of the forestry service land ownership disputes and forest industry of agricultural and forestry land use conflicts, in accordance with the relevant provisions of national and provincial.
    Dispute of land ownership in these measures in article, refers to land ownership or the right to ownership disputes.
    Fourth dealt with land ownership disputes, should be based on the laws, rules and regulations, proceed from reality, respect history, face reality, enabling production, livelihood and maintain stability.
    Fifth province people's Government for handling the following land ownership disputes: (a) cross-City (area) boundaries for land ownership disputes, (ii) the dispute for one or both straight and direct, contingent units or controversies between two cities (Administrative Office) units belonging to the land ownership dispute; (iii) the province has great influence within the administrative area of land ownership disputes.
    Sixth City (area) Government land dispute dealing with the administration of the following: (a) cross-county land ownership dispute; (b) disputed city (area) units or controversies between two counties (cities) units belonging to the land ownership dispute, and (iii) land dispute cases assigned by the provincial people's Government.
    Article seventh County land dispute dealing with the administration of the following: (a) between individuals, between individuals and units, counties (cities) is a land ownership dispute between the units, (ii) cross the township (town) administrative regions the land ownership dispute; (c) the land dispute cases assigned by the higher people's Government.
    The preceding paragraph (a) provides between individuals, between individuals and units of land disputes, the provisions of the land regulation in Heilongjiang province belongs to the township (town) jurisdiction, by the township (town) people's Government according to law.
    Eighth land administrative departments of the people's Governments above the county level shall be responsible for handling land dispute cases handled by the people's Governments at the same level of concrete work.
    Provincial land administrative departments of people's Governments at the provincial land reclamation, forestry, railway system establishment of land management agency responsible for reclamation and the forest industry agriculture (animal husbandry), SFA (field) and railroad land land land dispute cases in the context of the specific work.
    Nineth disputes the jurisdiction of land dispute cases, and report to the disputing parties common higher level people's Government exercise jurisdiction.
    Article tenth of land ownership disputes through consultation, the parties may, in accordance with the administrative body of competent jurisdiction adjudicating the applications.
    Application handling dispute shall comply with the following conditions: (a) the applicant and the land ownership dispute has a direct interest, (ii) specific object of processing requests, clear and factual basis; (c) belongs to the land administrative departments of people's Governments accepting the land dispute case range.
    11th party applies for land ownership disputes, should submit applications to material and relevant evidence, and according to the other party copies submitted.
    Applications should contains Ming following matters: (a) applicants and other party of name, and gender, and age, and work units (corporate or other organization of name, and statutory representative people of name, and positions), and communications address, and postal code, and contact phone; (ii) requests of matters, and facts and reason; (three) about evidence; (four) witnesses of name, and gender, and age, and work units (corporate or other organization of name, and statutory representative people name, and positions), and communications address, and postal code, and contact phone.
    12th land administrative departments upon receipt of a party's application, shall decide whether or not to accept in the 10th. Decision of admissibility, and should decide to accept within 10th of the application to be served on the opposing party. The other party shall, from the date of receipt of the copy of the application within the 15th filing and relevant evidence.
    Fails to submit the statement of Defense, does not affect the handling of cases.
    Decided not to accept, should decide not to accept the date of 10th by notice in writing to the applicant and state the reasons.
    13th article following land dispute case not as land ownership dispute case accepted: (a) party ownership has clear of land infringement case; (ii) administrative border dispute case; (three) land illegal case; (four) rural land contracting contract dispute case; (five) party in over People's Republic of China Civil General 137th article provides of 20 years litigation limitation Hou, proposed of land ownership dispute case.
    14th after a land dispute cases, the land administrative departments shall specify the undertaker in a timely manner to investigate the facts in dispute. The undertaker and have a stake in the case, shall apply for withdrawal; parties have interest contractors a case have the right to request the undertaker avoided.
    The undertaker avoided, decided by the complaints Department of land administration.
    15th land administrative departments in land dispute process, can contribute to the units and individuals concerned investigation and evidence collection, investigation units and individuals shall assist and provide relevant evidence. Investigations in the field of land administration authorities shall notify the parties and the relevant officers to attend the scene. If necessary, you can invite relevant departments sent to assist in the investigation.
    Parties and associated personnel without a legitimate reason not to be present, without affecting the normal investigation.
    16th section land ownership disputes the parties on the facts and reasons that bear the burden of proof. Land administrative departments of the evidence provided by the parties must be verified.
    True, as the basis for ascertaining the facts.
    Article 17th land ownership and tenure disputes resolved, no party shall change the land use, attachments on the destruction of land and trees, seedlings growth that should not be built on disputed land buildings and other fixtures; disputed land for cultivation, not barren land.
    18th land administrative departments to accept land dispute cases, should the two sides mediate on a voluntary basis.
    Mediation period not exceeding 60 days from the date of acceptance.
    19th a conciliation agreement, the land administrative departments should mediation.
    Conciliation statement shall contain the following particulars: (a) the person's name, gender, age, place of work (name of legal entity or other organization, name and position of the legal representative), address, postal code, (ii) the principal facts in dispute; (c) the agreement; (iv) other relevant matters.
    Mediation shall be signed by the parties (seal), signature stamp of land by contractor personnel enter into force after signature by the Administrative Department, have the force of law, and as a basis for land registration.
    The conciliation statement shall, on the date of the conciliation agreement served in the 15th.
    20th conciliation agreement has been reached, the land administrative departments shall mediation handler within 60 days from the date put forward opinions, drafting the written decision, reported to the people's Government of making treatment decisions; people's Government shall, within 90 days from the date of receipt of the opinion making treatment decisions, can be extended under exceptional circumstances.
    21st article processing land ownership dispute, should to following information for according to: (a) Government law issued of land certificate; (ii) Government law approved of land occupied, and land right allocated, and transfer of file; (three) Government law approved of rural residents building with to file; (four) Government processing dispute of file; (five) judicial organ history Shang has made of legal file; (six) dispute both party law reached of written agreement.
    The preceding paragraph (a), (b), (c), (d) file is inconsistent with drawings, files should prevail.
    Dealing with land ownership disputes involving agricultural and forestry land use conflicts, dividing based on the information specified in the first paragraph of this article, but should also be legally obtained forests, trees and forest land ownership certificates as the basis.
    22nd dealt with land ownership disputes, should be based on the following references: (a) meeting minutes about dealing with land ownership dispute; (b) the approval document of the project design, planning, and (iii) land information data; (d) the testimony of a witness. Article 23rd land ownership disputes the parties cannot give evidence cannot be verified or evidence, that controversial land belongs to the State. Development and utilization of such land has not been, the people's Government above the county level should alternative arrangements as a State reserve land use.
    Had utilization without approval, unauthorized use should be dealt with according to law; to determine land-use right shall be processed to determine land-use right according to law. Article 24th land ownership dispute decision shall set forth the following:

    (A) party of name, and gender, and age, and work units (corporate or other organization of name, and statutory representative people of name, and positions), and communications address; (ii) dispute of facts, and reason and requirements; (three) processing finds of facts and applies of according to; (four) processing results; (five) refuses to processing decided application administrative reconsideration and to court prosecution of way and term.
    25th decision can take either of the following ways: (a) directly by the people's Government has made a decision, (ii) authorized by the Government, by decision of the administrative authorities in respect of the land ownership dispute, you should use the people's Governments at the corresponding level private documents relating to the ownership of land, land tenure and Government leaders sign stamped people's Government seal.
    26th and the forest industry in Heilongjiang reclamation region of agriculture (animal husbandry), forest service (field) and railroad land on land within the internal units or land ownership disputes between employees, did not reach agreement through mediation, authorized by the provincial land administrative departments of the province made a decision.
    27th dealt with needs to confirm the ownership and use of land ownership disputes, confirmed by the people's Governments above the county-level ownership and use, and issued land certificates. 28th dealt with land ownership disputes, surveying, demarcation, is required to set up boundary markers, lands possessed by the parties to the dispute shall have a corresponding unit of measurement, and undertake the task of measuring pay related fees.
    After a land ownership dispute, the costs according to the disputing parties access to disputed land in proportion to the size of. Article 29th after the right to land ownership disputes, land administration departments shall organize relevant parties to recognize community, laying of boundary markers.
    Parties are not allowed to damage, moving boundary markers.
    30th superior land administrative departments of the people's Government of found errors in a decision to the lower level people's Governments have, can be reported to the people's Governments at the corresponding level undo error handling to the lower level people's Governments decide or require lower level people's Governments to deal with again.
    31st party who is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law; the expiration does not apply for reconsideration or not to prosecute, decision shall come into legal effect, as the basis for land registration.
    32nd parties refusing to carry out legally effective processing decisions by the relevant parties to apply to the people's Court for compulsory execution.
    33rd parties to a land dispute or a third party fraud, unauthorized alteration and illegal acts of obtaining the land certificate, the original people's Government issued land certificates shall cancel its land registration, certificate revocation and notice that the original land.
    Article 34th land ownership disputes party or a third party's registration error for issuing land certificates, the original people's Government issued land certificates shall be registration, to confirm ownership and use of land.
    35th disobey article 17th, land ownership disputes the parties allowed to change land use or damage the floor attachment, growth, dealt with by the people's Governments shall be ordered to make restitution.
    Without land ownership disputes the parties built on disputed land buildings or fixtures, as illegal occupation of land.
    36th in violation of article 29th of this approach provides that damages, moving boundary markers, dealt with by the people's Government of ordering the restoration of boundary markers, and a fine of 5000 to 10,000 yuan fine; other economic losses caused, shall bear civil liability.
    37th article violates these measures unauthorized changes in land status, attachment, growth on the destruction of land or land dispute as an excuse to stir up, causing economic losses, shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.
    38th article in processing land ownership dispute process in the State and staff negligence, and abuse, and engages in has following behavior one of of, by its where units or its superior competent sector give administrative sanctions: (a) no due reason refused to accepted land ownership dispute case of; (ii) no due reason late not proposed processing views or not made processing decided of; (three) incitement masses riot, and leapfrog petition of.
    39th State functionary concerned in the processing of land ownership disputes, violations of these rules, and constitutes a crime, criminal responsibility shall be investigated according to law. 40th article of the rules take effect on June 1, 2002.
                                                January 4, 1997, Heilongjiang province people's Government promulgated the land dispute settlement be abrogated in Heilongjiang province.