Hohhot Land Dispute Investigation Approach

Original Language Title: 呼和浩特市土地权属争议调查处理办法

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Hohhot land dispute investigation approach

    (December 29, 2008 Executive meeting of the Hohhot municipal people's Government, the 10th through January 6, 2009 in Hohhot municipal people's Government promulgated as of February 15, 2009, 9th) Chapter I General provisions

    First in order to protect the legitimate rights and interests of land rights, legal, fair and timely investigation of land ownership disputes, in accordance with the People's Republic of China land administration law and the People's Republic of China regulations on implementation of the land management law, Ministry of land and resources of the land ownership dispute investigation procedures and other relevant provisions, combined with the practical, these measures are formulated.

    The second dispute of land ownership in these measures, refers to land ownership or the right to ownership disputes.

    Land ownership disputes within the administrative area of the city of administrative processing, application of this approach.

    Land ownership or the right of third party challenged the results of registration according to law, these procedures do not apply.

    Article III land dispute, so always proceed from reality, respect history, face reality, the principle of maintaining social harmony and stability.

    The fourth land ownership disputes, settled by the parties through consultation, by the Township people's Government in accordance with permissions, respectively.

    , Flag, County, and district land ownership disputes shall be handled by the municipal Bureau of land and resources, flag, County, district land resource Bureau (sub-Bureau) or land dispute investigation agency has specific responsibility for handling.

    Municipal Bureau of land and resources, flag, County, district land resource Bureau (sub-Bureau) in charge of land dispute cases, and on the need to make a decision according to law, formulate opinions, and reported to the people's Government at the decision.

    Agriculture, forestry, water conservancy, civil affairs departments to cooperate in accordance with their respective responsibilities, such as land ownership disputes related work.

    The fifth in front of a land ownership dispute, either party shall not alter land use; unauthorized construction on disputed land buildings and other fixtures, land Ministry should be ordered to stop construction.

    When the land ownership dispute, dispute resolution process, the disputed land from land users in land ownership disputes before temporary business use should not affect agricultural production.

    Land ownership recognized in accordance with article sixth of the People's Republic of China land administration law and the People's Republic of China regulations for the implementation of the land management law and other laws and regulations as well as above national and county level (including County-level) the relevant regulations of the people's Government.

    Seventh land dispute investigation in accordance with the following procedures:

    (A) the application;

    (B) review;

    (C) investigation;

    (D) conciliation in accordance with law;

    (E) decision.

    Chapter II jurisdiction

    Eighth of municipal land and resources Bureau of land dispute cases specifically responsible for the following receive and investigate:

    (A) cross flag, County and district boundaries for land ownership disputes;

    (B) municipal districts in the administrative area of land ownership disputes between the unit and the unit cases;

    (C) military forces, secret unit of controversial party cases;

    (D) municipal people's Government assigned by the Department of State land and resources administration of land dispute cases;

    (E) have a significant impact on cases in the administrative area of the city. Municipal Bureau of land and resources of the cases before, by the Hohhot municipal land and resource disputes Mediation Center (hereinafter the "mediation centre") organised body responsible for the investigation of the case and mediation.

    Requirements, issued a decision, based on the fact that, according to relevant laws and regulations to develop disposal report municipal people's Government, issued a decision upon approval.

    Cases of municipal mediation centres, cases need to be commissioned of the disputed land is located, County and district land resource Bureau (sub-Bureau) on behalf of the investigation of the facts, flags, County and district land resource Bureau (sub-Bureau), Mediation Center, should be received within 30th days written notification of completed investigation, mediation, and provide written feedback Center.

    Nineth flag, County and district land resource Bureau (Bureau) responsible for land ownership disputes the admissibility of the case and the investigation of the following:

    (A) this flag, County and district administrative areas within individuals, between individuals and between units, units and units of land dispute cases;

    (B) the flag, counties and districts across town within the administrative area boundaries for land ownership disputes;

    (C) the flag, the counties and districts in the administrative area of land ownership disputes;

    (D) flag, County and district people's Government, the land dispute cases assigned by the municipal Bureau of land and resources. Tenth individuals, between individuals and units of land dispute cases between the parties filed by the County, the town shall be responsible for the processing.

    Results shall be promptly reported to flag, County and district land resource Bureau (sub-Bureau) record.

    Chapter III application and acceptance

    11th if a land ownership dispute, cannot be resolved through consultation, according to law to apply in dealing with people's Governments above the county-level or township-level people's Government, or in accordance with the provisions of the present article eighth to Nineth, to the Administrative Department in charge of land and resources related to the investigation and handling of applications.

    12th applications to deal with land ownership disputes, shall comply with the following conditions:

    (A) applicant and disputed land are directly interested;

    (B) clear the request handle object, specific requests and factual basis;

    (C) comply with the scope of the investigation and handling of the people's Government;

    (D) claims evidence of land rights.

    The 13th by the township (town) people's Government is responsible for the, by direct interested parties to the township (town) people's governments apply dealt with by the people's Governments above the county level, apply to the people's Government is responsible for the land Department.

    Land ownership disputes between individuals, the parties to the township (town) people's Government application processing can be made orally; an oral request, under the staff shall record on the spot application provided for in article 14th, after confirmation by the applicant's signature (seal).

    14th article disputes the application shall include the following contents:

    (A) the basic situation of the applicant and the respondent;

    (B) the claims, facts and grounds, including the time of the original dispute, causes, the focus of controversy, the main divisions, four to scope and size;

    (C) the name, place of work, address, postal code. 15th the parties may entrust an agent to participate in the settlement of disputes over the ownership of land. Attorney applications should submit a power of Attorney, letter of authorization shall specify the matters entrusted and the permissions.

    Parties and the agent shall submit the personal identification.

    16th applicants to the township (town) people's Government disputed process applications, the township (town) people's Governments shall, from the date of receipt of the application within 7 working days to decide whether to accept, and within 5 working days from the date of the decision to the applicant in writing inform the admissibility or inadmissibility decision accepting the application, applicant shall serve a copy of the application at the same time.

    17th the applicant apply to the land Ministry to deal with disputes, land sector should be dealt with in accordance with the following provisions:

    (A) meet the requirements should be admissible, shall be made within 7 working days from the date of receipt of the application acceptance notification, and accepted within 5 working days from the date of application to be served on the respondent;

    (B) that does not meet the admissibility requirements of inadmissible, decisions should be made inadmissible; inadmissibility decisions should be made within 10 working days from the date of receipt of the application, and within 5 working days from the date the applicant.

    This level and higher people's Government assigned or related departments to transfer land ownership disputes, in accordance with the provisions of the preceding paragraph.

    18th the following circumstances don't belong to the land dispute to the application scope:

    (A) an administrative area boundary disputes;

    (B) is rural land contract management disputes;

    (C) due to real estate sale, donation, chromatography etc caused by property disputes;

    (D) illegal cases of land;

    (E) land violation cases;

    (F) forestry, grassland land dispute;

    (VII) other not part of the dispute of land ownership.

    The fourth investigation, conciliation and adjudication Article 19th of township (town) people's Government or the land sector after acceptance of the application shall be designated contractor personnel in a timely manner, to investigate the facts in dispute by the parties.

    Investigators shall not be less than two.

    20th employees who have one of the following situations shall recuse themselves, the parties also have the right to apply for his withdrawal:

    (A) is a party or in this case, agents close relatives;

    (B) have a stake in the case;

    (C) other relations with this case, which may affect the impartial handling of. The Parties applying for withdrawal shall state the reasons.

    Employees are avoided, by employees of the township (town) people's Government or the head of the land Department decided.

    21st land ownership disputes by applicant shall receive a copy of the application from the date of filing within the 30th; fails to submit the statement of Defense, does not affect the court case. 22nd land ownership dispute made by the parties on their respective facts and reasons bears the burden of proof, and shall provide, within the prescribed period request relevant documents.

    Parties applying for land ownership disputes, relevant evidence should be submitted, depending on the circumstances the following materials:

    (A) the flag, issued by the people's Governments above County and district land certificates;

    (B) flag, the people's Government above County and district authorities approved the expropriation, land documents, drawings and related list of the compensation agreement, compensation; legal transfer of land use right grant contract and delivery the price of vouchers; approval of the Planning Department and the planning documents and the red line;

    (C) of the township (town) people's Government with the approval of farmers ' land documents;

    (D) land survey work, according to the provisions of the certificate of land ownership boundaries and drawings;

    (E) Government mediation, processing, effective decisions and court decisions, judgments, land ownership agreement, as well as drawings;

    (Vi) legal provisions can be used as evidence of relevant documents and information.

    Does not provide this information within a specified time, does not affect the investigation and handling of cases. 23rd the undertaker in the course of investigations dealing with land ownership disputes, can contribute to the relevant units or individual investigation and evidence collection, including site surveys, photographs, measurement, access and copy of relevant documentation, interviews with relevant sources, and so on.

    Survey units or individuals shall assist and provide relevant supporting materials.

    On the evidence provided by the parties, the contractor shall be verified, as the basis for ascertaining the facts.

    Mapping needs of the disputed land, by the parties to the dispute jointly commissioning a qualified survey mapping.

    24th land or land ownership dispute investigation body to hear disputes, shall ascertain the facts and distinguish between ownership on the basis of mediate, prompting the parties reached an agreement through negotiation.

    Mediation should be voluntary and legal principles. Mediation chaired by the Department for accepting applications, parties to attend, units and individuals could be invited to assist.

    Units and individuals invited shall assist the mediation chaired mediation unit. 25th a conciliation agreement shall be mediation.

    A conciliation statement shall contain the following contents:

    (A) the basic situation of the parties;

    (B) the mediation Chair units;

    (C) the principal facts in dispute;

    (D) agreement and other related matters.

    Mediation and the accompanying boundary plan signed by the parties (seal), and appealing cases at the same time by a petition signed by (seal), the undertaker signed and sealed by the mediation under the auspices of the executive authorities after the entry into force, with a copy to land sector at a higher level for the record.

    The mediation agreement has the force of law in force, is the basis for land registration.

    Article 26th mediation no agreement, accepted by the township-level people's Governments, and township-level people's Governments shall promptly make a decision; land sector accepted, land Department shall timely put forward opinions, reported to the people's Government at the decision made after approvals process.

    27th land ownership dispute decision shall set forth the following:

    (A) the basic situation of the parties;

    (B) dispute the facts, reasons and request;

    (C) the findings of fact and application of the basis;

    (D) results;

    (E) other matters set forth.

    28th the land dispute shall, within 6 months from the date of acceptance of the application; because of complexity of the case does not settle on time, by receiving sector mainly responsible for the approval, may be appropriately extended.

    Article 29th of township (town) people's Government or the land Department should be made in mediation or the date of the decision in the 15th, the conciliation statement or written decision, in accordance with the provisions of the civil procedure law served.

    30th party who is dissatisfied with a decision made by the people's Government, he may, within 60 days from the date of receipt of the decision in accordance with the up-level people's Governments may apply for administrative reconsideration, administrative review decision may bring an administrative suit.

    The decision has the force of law in force, is the basis for land registration.

    The fifth chapter supplementary articles 31st is responsible for the investigation and treatment of land ownership disputes staff annual training, or dispute investigation and settlement of the land by the land sector annual examination and assessment of the organization.

    Grades are not eligible may not serve as a main processor; not eligible for two consecutive years, shall not continue to engage in land dispute investigations work.

    The 32nd in a land dispute in the investigation process, is responsible for the investigation and handling of dereliction of duty, abuse of power, favoritism, by their work units or organs shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 33rd investigation document format for land dispute cases, according to the General Office of the Ministry of land and resources on the issuance of land dispute cases uniformly printed document format: notice of the requirement. 34th article of the rules take effect on February 15, 2009.