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Forest Tree In Guangdong Province Forest Land Ownership Dispute Resolution Approaches

Original Language Title: 广东省森林林木林地权属争议调解处理办法

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(Adopted by the 9th ordinary meeting of the People's Government of the Province of Chiang Orientale on 6 September 2006 No. 111 of 18 September 2006 of the Decree No. 111 of the People's Government Order No. 111 of 18 September 2006 for the period 1 December 2006)

Chapter I General
Article 1 deals with forest, forest wood and forest land in a fair and timely manner, upholds the legitimate rights and interests of the parties, guarantees social stability and promotes forest development, in accordance with the People's Forests Act, the Regulations on the Protection of Lands in Broad Orientale Province and the relevant provisions of the State, and develops this approach in the light of the actual interests of my province.
Article 2
The approach refers to disputes arising from the titles of forests, forests and forested lands (hereinafter referred to as “forest rights dispute”) between units, units and individuals, personal disputes arising from the ownership of forests, forests and forest lands or the ownership of the right to use.
Article 3
(i) Be based on facts, respecting history and taking care of reality;
(ii) Advantage solidarity in favour of the protection and rational use of forest resources and the promotion of mass production;
(iii) Interdiction and consultation.
Article IV. The Government of the people at all levels is responsible for the dispute over the right to forest within the current administrative area. The transfer of power disputes is governed by the leadership.
The Ministry of the People's Government's Restructuring Service is responsible for guiding the work of the All-Autonomous Disputes Unit to deal with the specific work of the LPR dispute between the Provincial People's Government. More than all municipalities, districts (markets, districts) are responsible for coordinating institutions that are disputed with the right to forest and dealing with specific work on the forest-right disputed at the same level.
In accordance with their respective responsibilities, the executive authorities, such as forestry, land resources, civil affairs, agriculture, water, the oceans, the judiciary, public safety, the rule of law and the letter of the visit, cooperate with the facilitation of the forest rights dispute.
The redeployment of funds for the settlement of disputes is included in the annual financial budget of the local people.
After the dispute over the right to forest, the party's forest-right dispute management body should report in a timely manner on the same-level people's governments and the top-level forest disputed institutions.
Governments at all levels, as well as their relevant administrative authorities and grass-roots organizations, should take effective measures to prevent the expansion of events and to support coordination.
The current status of forests, forests and forestland should be maintained during the dispute over the right to forest. The Government of the people concerned may not proceed with the forest certificate and the forest administration authorities shall not conduct a licence for logging or approve the use of forest land.
During the forest-rights dispute, no unit or individual shall be allowed to distribut, lease, contractor contested forest lands, and shall not engage in productive activities such as construction, logging, sand, extraction or afforestation, exploration, residue, and sampling.
Chapter II
Article 7.
The right to forest dispute between the unit is governed by law by the Government of the people at the district level above.
The right to forest disputes between the unit and the individual are governed by the law by the local or commune government.
Article 8
The forest rights dispute over the city's administration area above is governed by a joint consultation between the local-level people's governments; the consultation is incomplete and will be governed by the law by the Government of the people of the city where the situation is reported.
The forest rights dispute over the above-mentioned city is governed by a joint consultation between the Government of the People of the Party's District; the consultations are incomplete and are co-directed by the Government of the communes at the local level. Where necessary, the Government of the People's Republic of the Land at the local level has reported to the Provincial Government.
Cross-provincial forest disputes are governed by relevant national provisions.
Article 9
(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 10. The parties shall apply for the transfer of the right to forest disputes and shall transmit the application for the conciliation of the forest right dispute to the authorities of the People's Government, and submit a copy in accordance with the applicant's number.
The format of the application for the settlement of the forest right dispute is required to be compiled and made free of charge by the authorities of the Provincial People's Government's Rice dispute resolution, and the parties may download from the Internet site of the provincial forestry administration.
Article 11. After receipt of the application of the forest right disputed by the Government of the People's Republic, a review shall be carried out within 10 days to determine the inadmissibility of the conditions of admissibility and to inform the applicant in writing; to the extent that it is in compliance with this approach, it is not admissible by this body, the applicant shall be informed to the competent organ.
Chapter III
Article 12
The failure of the parties to hold a forest certificate or the right to be determined by a forest certificate is wrong and the following materials serve as evidence to deal with the disputed right to forest:
(i) In the period of land reform, the Government of the People has issued all certificates of land property under the law.
(ii) In the period of land reform, the Land Reform Act provides for undocumented land inventories of forests, forests and forestland.
(iii) In the early 60th century, the Government of the people has made use of labour, land, livestock, farmer and small-scale production units (i.e., “four fixed” times), materials, documents established by the people's Government for mountain forest rights and scope.
(iv) In the early 1980s, in the early 1980s, the power to stabilize mountain forests, the delineation of spousals, the identification of forest production responsibilities (i.e., the period of forestry “three-size”), and material, documents, etc., the self-reservation certificate, the responsibilities of technicians and the responsibilities for the production of forest products, etc., for the identification of mountain forest titles and the scope of operation.
(v) The forest-right dispute agreement and accompanying maps between the parties under the law.
(vi) The decision of the Government of the People to settle the forest dispute, which has legal effect. The same people's Government has a number of rulings and decisions on the right to forest, which are based on the final decision, the decision-making process, and the decisions of the people at the same level in the same forest dispute, which are based on that decision and the decision.
(vii) Decisions of the People's Court on the legal effect of the dispute over the same right to forest.
(viii) When a national forestry enterprise unit is established, the overall design of the unit, the scope of operation identified in the design text and accompanying map.
The following Article 13 material may serve as a reference basis for dealing with forest disputes:
(i) Other evidence relating to forest, forest and forest land rights during the period of land reform, cooperation;
(ii) The relevant vouchers that accurately reflect the status of forest, forest and forest land management;
(iii) In accordance with legal, legislative and related policy provisions, other evidence of the rights of forests, forests and forests may be obtained.
Article 14 states that the right to be determined by the forest certificate is erroneous and that the licensee shall write the licensee:
(i) The evidence on which the evidence is based is the concealment and destruction of the evidence by either party;
(ii) Staff members of the issuing authority have favoured private law when issuing evidence;
(iii) A breach of the statutory procedures;
(iv) Other cases provided for in the legislation.
Article 15. The voucher relating to the rights of forests, forests and forest lands before land reform shall not serve as a basis, evidence or reference basis for dealing with the forest rights dispute.
Article 16 contains four to the limits of the documents of the forest, forest wood and forest land (i.e., the east of the mountain forest site, south-west, North-North) that are clearly incompatible with the field and that the area should be quasi-limited by the four to the boundary; that is not clear from the boundaries, consultations should be held; that the consultations are inconclusive and determine their rights in accordance with this approach.
Article 17 is legally valid for the same forest rights by the parties and should be resolved in consultation; there is no consultation and the determination of their rights in the light of the principle of division among the parties by the Government of the more than the people of the party.
Article 18 of the right to forest disputes relates to the administrative regional boundaries, which are based on the administrative regional boundaries approved in the post-community survey agreement and their accompanying maps.
The right to forest disputes relate to inconsistencies between the actual jurisdiction of forests, forests and forest lands and the administrative regional boundaries, which, in accordance with the prevailing circumstances of the jurisdiction, determine their rights in accordance with this approach and report to the Government of the people at the highest level.
Article 19 belongs to all forested areas where the State has not established the right to use, the Rural Collective Economic Organization or its members have historically made a request for affirmative use in the forest area for productive activities in the forest area, which may be determined by law by the Government of the people at the district level or by a forest land for which the collective economic organization or its members have a certain period of time.
Article 20
Article 21, the State forest area is disputed with the forest right of the town, the rural collective economic organization, which should maintain the overall design of the national forest area approved by the Government of the above-mentioned population and its administrative authorities, the scope of the design text, and the relevant contract and agreement signed by the former State forest area with town, village.
Article 2 No change shall be made without the consent of the parties in question.
Chapter IV
Article 23 shall send a copy of the application to the applicant within 15 days of the date of receipt. The applicant shall, within 30 days of the date of receipt of a copy of the application, submit written replies and related materials to the Government's disputed reassignment body.
The applicant's late submission of written replies or related materials does not affect the determination of the facts of the dispute by the People's Government's Restructional Authority in accordance with the relevant material.
Article 24 allows applicants to waive or change requests. The applicant may recognize or reject the request and may request a counterclaim.
Other citizens, legal persons or organizations that have a stake in the dispute over the same right to forest may apply for participation as a third party, or are notified by the LLRA body to participate.
Article 25 provides material to the parties, the People's Government's Restructional Authority should investigate and verify.
When the People's Government's Restructional Authority conducts a field survey of the disputed forest, forest wood and forest land, the parties and the associated personnel should be informed of the location and the units or individuals surveyed should provide the material as such. Where necessary, the relevant units may be invited to assist.
Article 26 Institutions of the People's Government's Restruction of the Right to Forest Dispute should be governed by voluntary and legitimate principles.
Following agreement on mediation, the People's Government's Restructional Authority should produce a letter of mediation of the forest rights dispute. The letter of mediation should be printed by the mediator, the Gai People's Government's Resistance Mediator and presented to the Government of the same people and the forest administration authorities.
The letter of mediation of forest rights disputes (agreement) should contain the following matters:
(i) The name or name of the party and the name of the legal representative;
(ii) The main facts of the dispute;
(iii) The content of the agreement is attached to the definition of the ground map of forest, forest and forest land rights.
Article 27 does not reach agreement on conciliation of the right to forest disputes by the Government of the People's Union, which should be made in a timely manner, to inform the Government of the same people of the decision.
The following matters should be addressed:
(i) The name or name of the party and the name of the legal representative;
(ii) The main facts of the dispute;
(iii) The facts and the basis on which the people's Government determines;
(iv) To deal with the decision and to accompany the delineation of the ground map of the forest, forest and forest land rights.
Article twenty-eighth conciliation agreement between the parties or a forest-right dispute settlement decision by the people's Government, concerning changes in the scope of the operation of national forestry enterprise units, shall be submitted to the relevant executive organs by law. Unauthorized mediation agreements and decision-making are null and void.
Article 29 of the decision of the parties to settle forest disputes with the people's Government may apply to administrative review in accordance with the law; administrative proceedings may be instituted in accordance with the law.
Article 33 Governments of the population at the district level shall organize, in accordance with the letter of the signed forest-rights dispute agreement, conciliation, decision-making or administrative review body review decisions, decisions of the People's Court, judgements, etc., identification of forest land tenure sites, boundaries and demarcation lines, registration of forest, forest wood and forest land rights under the law and the issuance of forest rights certificates.
Article 31 provides for the measurement, identification, cartography, quantification, and engineering costs required for the mediation of the forest dispute.
Chapter V Legal responsibility
Article 32, in violation of the provisions of this approach by the executive branch and its staff, is one of the following cases, which is being rectified by a warrant of responsibility by the competent organ or the inspectorate; in the event of serious gravity, by the law of the competent and other direct responsible persons directly responsible; and by law, criminal responsibility is brought to justice:
(i) Applications for eligible forest disputes are inadmissible;
(ii) In the process of admissibility and conciliation of the right to forest disputes, no legal notification of the obligation has been given to the parties and the stakeholder;
(iii) Toys negligence, abuse of authority and provocative fraud in the context of the LLRA;
(iv) In the course of the forest-right dispute, the authorization for the use of forested land has been granted by the owner, the forest log harvesting permit or the approval of the use of forested land.
Article 33 does not act as an act of self-transfer, lease, contracting, or by a disputed wood, forested landing value unit, forfeiture by the administrative authorities of more than the district level of forestry, forfeiture the proceeds of the offence of giving, renting, charging or entering the forest, forested land depositing, and compensation for the losses of all or users of the transferee's decision, decision and decision.
The parties engaged in productive activities such as afforestation, sampling, replication, and sampling, in disputed forest areas, forfeiture proceeds of the law by the executive authorities of more than zones and compensation for the losses of all persons or users of the right to forest, as determined by the redeployment, and for the destruction of forest, forest or forest land, and punished in accordance with the provisions of the forest law relating to deforestation. Self-going logging is subject to sanctions under the provisions of the Forest Act relating to deforestation; constitutes a crime and is criminally liable by law.
The parties were allowed to fire on the disputed forest area, warning by the forest administration authorities at the location and responsible for the afforestation of the plant's duration of the relocation period; late evictions; and afforestation were ruled by the LTTE and determined that the forest owner was owned.
Article 34 states that the parties have forged, altered, painted and redirected the material relating to forest, forest wood and forest land rights, which is considered invalid by the HLRA body to collect the materials of the forest, forest wood and forest land forfeiture, and may be fined by more than 100 treasury administrative authorities at the district level; that constitutes an offence punishable by law.
Annex VI
Article 55 of this approach is implemented effective 1 December 2006. A number of provisions on the conciliation of mountain forest disputes, issued by the Government of the People of the province on 8 June 1983, were also repealed.