Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 42th ordinary meeting of the Government of the Blackonang on 20 October 2006)

The Government of the people of the Blackang Province decided to amend the disputed approach to land rights in the Blackang province as follows:
Article 25 (ii) was amended to read: “The land rights decisions taken by the land administration authorities, with the authorization of the people's Government, shall be used by the Government's land rights to be earmarked, and the Head of Government shall sign a special chapter on land rights of the Government.
This decision is implemented from the date of publication.
The Land Rights of the Blackon Province was re-issued after a consequential amendment to the present decision.

Annex: Land rights in the Blackon Province (Amendment 2006)
Article 1 protects the legitimate rights and interests of the parties in accordance with the relevant laws, regulations and regulations, such as the People's Republic of China Land Management Act, the Land Management Regulations of the Blackang Province, in conjunction with the practice of the province.
The right to land within the territorial administration is disputed and is applicable.
The forest area of the Synergy is a party to the provisions of article 18, paragraph 2, of the National People's Republic of China Forest Law Implementation Regulation, which directly provides for the use of six engineering facilities directly for the production of forestry, and is incompatible with the agroforestry area of the State forest area of the SPS and is governed by the relevant provisions of the State and the province.
Article 3. The right to land is disputed by this approach and refers to disputes arising as a result of land ownership or the right to use.
Article IV deals with land rights disputes and should be based on laws, regulations and regulations that, in practice, respect history, face reality, facilitate production and maintain stability.
Article 5
(i) The right to land in the administration of the trans-market (PAS);
(ii) The territorial right of the disputed party or the parties to the medium, provincial integrity, force-owned units or disputed units, respectively, are disputed;
(iii) The right to land with greater influence within the province's administration is disputed.
Article 6
(i) The right to land in the area of administration across the district;
(ii) The territorial right of the disputed party to the municipal (governance) unit or to the dispute between the parties is disputed;
(iii) The territorial rights of the Government of the province are disputed.
Article 7
(i) The right to land between the individual, between the individual and the unit, and between the district (market) units;
(ii) The right to land in the administration of trans-community (communes);
(iii) The right to land transferred by the Government of the High-level People is a disputed case.
The land-use disputes between individuals and units as set out in paragraph (i), the Land Management Regulations of the Blackang Province are governed by communes (communes) and are governed by law by the Government of the people of the communes (communes).
Article 8
The Land Administration Authority of the Provincial Government is responsible for the processing of the reclaimed area, the Synergy and the Land Management Service established by the railway system, the farmlands of the Synergy State forest area, the Forestry Bureau (ground) and the railway land use authority in the area of land rights.
Article 9. When the right to land is disputed by the jurisdiction of the disputed case, it is reported that the parties of the dispute are jointly appointed by the Government of the High-level People.
Article 10. The right to land is not confused by the disputed consultation, and the parties may, in accordance with the law, make a claim for certainty to the competent administrative body.
The application to deal with land rights disputes should be in accordance with the following conditions:
(i) The applicant has a direct stake in the land rights dispute;
(ii) There are specific requests for treatment, targeted addresses and factual basis;
(iii) The extent to which the land administration authorities of the people are in disputed cases.
Article 11. The parties shall apply for dealing with the disputed nature of the right to land and shall submit an application and related evidentiary material and submit a copy of the number of parties.
The application shall contain the following matters:
(i) The names of the applicant and the other party, gender, age, work unit (names of legal persons or other organizations, names of legal representatives, functions), communication addresses, postal codes, contact calls;
(ii) Matters, facts and grounds requested;
(iii) Relevant evidence;
(iv) The name of the witness, sex, age, work unit (name of legal or other organizations, names of legal representatives, functions), communication addresses, postal codes, contact phones.
Article 12 The Land Administration shall decide on the admissibility within 10 days upon the request of the parties.
The decision shall be taken with copies of the application to the party within 10 days of the date of the decision. The party shall submit a letter of reply and related evidence within 15 days of the date of receipt of the application. The late submission of the letter of reply does not affect the treatment of the case.
The decision shall be inadmissible and shall be communicated in writing to the applicant within 10 days of the date of the decision not being taken.
Article 13: The following cases of land disputes are not admissible as a disputed case of land rights:
(i) The right of one party to have clear land violations;
(ii) Administrative regional border disputes;
(iii) Land violations;
(iv) Cases of disputes in rural land contracts;
(v) After the 20-year statute of limitation of proceedings in excess of article 103 of the Civil Code of the People's Republic of China, the land rights disputed.
When the land rights are admissible in the disputed case, the land administration authorities should promptly designate the holder to investigate the facts of the dispute.
The contractor's relationship with the merits of the case should apply for avoiding; the party considers that the contractor has a stake in the case and has the right to request that the contractor avoid. Whether the licensor avoided, it was decided by the land administration competent to receive the case.
Article 15. In the course of dealing with land rights disputes, the land administration authorities may investigate evidence to the relevant units and individuals, and the units and individuals surveyed should assist, if any, by providing evidence.
When land administration authorities investigate the field, the parties and the persons concerned should be informed on the ground. Where necessary, the parties concerned may be invited to assist in the investigation. The parties and the persons concerned are not justified and do not affect the normal conduct of field investigations.
Article 16 gives the parties to the dispute the burden of proof on the facts and grounds they have presented.
Evidence provided by land administration authorities to the parties must be found. It is true that the facts are based on the facts.
No one party may change the status of land use, destroy land-contained and forested wood, artisanals, etc. before the settlement of the dispute over land ownership and use of the right to use, without building and other consignments on the disputed land; and the disputed land shall not be abandoned.
Article 18 The land administration case is a disputed case with regard to the right to land and shall be subject to mediation on a voluntary basis by both parties.
The duration of mediation is not exceeding 60 days from the date of receipt.
Article 19 Agreement on mediation, the Land Administration shall produce conciliation documents.
The letter should contain the following matters:
(i) The names of the parties, gender, age, work units (names of legal persons or other organizations, names of legal representatives, positions), communication addresses, postal codes;
(ii) The main facts of the dispute;
(iii) The content of the agreement;
(iv) Other related matters.
The letter of mediation, which was signed by the parties, entered into force after the designation of the territorial authorities of the Carabé Land.
The letter of mediation should be sent to the parties within 15 days of the agreement on mediation.
Article 20 does not reach an agreement on mediation, and the Land Administration shall provide, within 60 days from the date of mediation, a reference to the processing process, draft a decision and report to the Government of the people on its decision-making; the Government of the people shall take a decision within 90 days from the date of receipt of the comments and may extend exceptional circumstances.
Article 21 deals with land rights disputes and shall be based on the following information:
(i) The land certificate issued by the Government of the people by law;
(ii) The land occupied by the people's Government, the transfer of land, and the submission of documents that are granted by law;
(iii) Land-based documentation for rural residents authorized by the Government by law;
(iv) People's Government documents dealing with disputes;
(v) Legal documents that have been made in the history of the judiciary;
(vi) The written agreement reached by the parties to the dispute under the law.
The documents in subparagraphs (i), (ii), (iii), (iv) and (iv) are inconsistent with their accompanying maps, should be based on documents.
The handling of land rights is a dispute relating to the contradictions in agroforestry and, in addition to the information contained in paragraph 1 of this article, should be based on the certified forest, forest and forest land.
Article 22 deals with land rights disputes and shall be taken into account as follows:
(i) Summary of the proceedings of meetings dealing with disputes over land rights;
(ii) The design, planning and approval of the work;
(iii) Land information survey information;
(iv) Witness statements.
Article 23 of the right to land is a party to the dispute that does not justify evidence or evidence and that the disputed land belongs to all States. The above-mentioned land has not yet been developed, and the Government of the people at the district level should be organized separately as a State reserve land. Without approval of the use developed, it should be treated in accordance with the law with regard to unauthorized acts of unauthorized land; the right to land use may be determined and the right to land should be determined once the law is seized.
Article 24
(i) The names of the parties, gender, age, work units (names of legal persons or other organizations, names of legal representatives, positions), communication addresses;
(ii) Facts, grounds and requirements of controversy;
(iii) To address the facts and the basis for their application;
(iv) Processing results;
(v) The manner and duration of the decision to apply for administrative review and the prosecution of the People's Court.
Article 25
(i) Be directly decided by the people's Government;
(ii) With the authorization of the Government of the people, the decision of the Land Administration to deal with land rights is a disputed matter and shall be used by the Government's land rights to be earmarked and to report to the Government's head on the signing of a special chapter on land rights of the Government.
Article 26 Land rights in the area of rehabitation, in the area of Synergy, and in the context of the land use rights of internal units or employees within the land use authority of the Forestry Bureau (ground) and railway land use units are disputed, with no agreement reached by mediation, and the authorities of the provincial land administrations are authorized by the Government of the province.
Article 27 dealing with land rights disputes requires re-recognition of ownership and the right to use, with the recognition of ownership and the right to use by the Government of the people at the district level, and the issuance of land certificates.
In dealing with land rights disputes, measurements, surveying, setting up boundarymarks are required, and the parties to the land rights dispute should precede the costs associated with units with the corresponding measurement qualifications and the measurement mandate. After the disputed treatment of land rights, the costs were assessed on the basis of the proportion of the disputed land area.
In the aftermath of the disputed right to land, the land administration authorities should organize the parties concerned to the field and lay the ground. The disputed parties shall not be allowed to destroy and operate.
The Government's land administration authorities at the top of article 30 have found that the decisions taken by the lower-level people's Government have been wrong and can be reported to the Government of the current people to rescind the erroneous decision taken by the lower-level people's Government or to require the Government to reprocessing.
Article 31 does not deal with decisions and may apply to administrative review or administrative proceedings in accordance with the law; expire without application for review or prosecute, and deal with the legal effect of the decision as a basis for land registration.
Article 32 rejects the decision to deal with the legal effect and is enforced by the parties concerned.
Article 33 of the land rights disputed parties or thirds have been deceived, self-contaminated and violated the receipt of land certificates, and the Government of the people that have issued land certificates should write off their land registrations and inform the release of the original land certificate.
Article 34 of the right to land is a disputed party or a third party holding a registration certificate error, and the Government of the people that had issued a land certificate should change registration and re-establish land ownership and the right to use.
Article 33 15, in violation of article 17 of the present approach, stipulates that the land titling party has taken the power to change the status of land use or to destroy the material, long-lasting, and is responsible for the Government of the people responsible for handling its restitution.
Land rights are vested in the disputed parties to build buildings on the disputed land or to accompany the material, and are treated in the law.
Article 36, in violation of article 29 of this approach, undermines the destruction, movement of borders and is subject to the responsibility of the Government of the people responsible for the resumption of the border and imposes a fine of between 5,000 and 1 million dollars; civil responsibility should be assumed for other economic losses.
Article 37, in violation of the present approach, provides for the unauthorized change of the status of land, the destruction of land-contained, long-lasting or, under the pretext of land rights controversy, the inadvisibility of economic losses and civil responsibility; and the criminal liability of the law.
Article 338 In the course of dealing with the territorial dispute, the State organs and their staff are biased, abused their functions, favoured private fraud are one of the following acts:
(i) The denial of the admissibility of the disputed case of the right to land;
(ii) There is no reason for late submission of comments or decision-making;
(iii) Instruction of mass penetration and cross-border visits.
In the course of dealing with land rights disputes, the staff of the State organs are guilty of a violation of the provisions of this approach and constituting an offence and are held criminally by law.
Article 40 The Land Rights of the Blackon Province was also repealed on 4 January 1997 by the People's Government of the Blackron Province.