<< land right belong to dispute investigate treating method >>, already December 20 , 2002 Ministry of Land and Natural Resources     The 7th department affair meeting is passed, is released now, enter into force on March 1 , 2003.
Minister Tian FengShan (chapter)
January 3 , 2003
Land right belongs to the dispute and investigates the treating method                  

     Article 1 In order to do the work of treatment of investigation that land right belongs to the dispute well in accordance with the law , just and in time, protect the party's legitimate rights and interests, safeguard the socialist public ownership of the land, according to " land control law in the People's Republic of China " , make this method.
     Article 2 The land right in these procedures belongs to the dispute, mean that land ownership or right to use belong to the dispute .
     Article 3 It belongs to the dispute to investigate and handle land right , should be based on laws and regulations and land management rule. Proceed from the reality, respect history, in the face of reality.
     Article 4 The territory resource administrative responsibile institution above county level is responsible for belonging to the investigations and mediation jobs of the dispute case (hereafter referred to as the dispute case ) in land right ; To the one that need to make the decision to deal with in accordance with the law , draft the handling suggestion , offer to the people's government at the same level and make the decision to deal with.
The territory resource administrative responsibile institution above county level can appoint the specialized agency or the personnel to be responsible for handling the relevant matters of dispute case .
     Article 5 Dispute case taking place between individual , between individual and unit , among the unit and unit, investigated and handle by the territory resource administrative responsibile institution at county level of the land site of the dispute .
Dispute case taking place between the aforementioned individuals , between individual and unit, can follow the party's application , is accepted and dealt with by one grade of people's governments of township .
     Article 6 The city of the setting up area, automonous prefecture territory resource administrative responsibile institution investigate and handle the following disputes case :
     (1) The one that step the administrative division at county level;
     (2) The people's government at the same level, higher authorities' territory resource administrative responsibile institution assign or the relevant department pass on.
     Article 7 The territory resource administrative responsibile institution of province, autonomous region and municipality directly under the Central Government investigates and handle the following disputes case :
     (1) The one that step the city of the setting up area , automonous prefecture administrative division;
     (2) Dispute on one party the central state organs or subordinate unit their , and relatively heavy to involve land area;
     (3) Dispute on one party army , and relatively heavy to involve land area;
     (4) There is greater influence in this administrative division;
     (5) The people's government at the same level, Ministry of Land and Natural Resources assign or the relevant department passes on.
     Article 8 Ministry of Land and Natural Resources investigates and handle the following disputes case :
     (1) The State Council assigned;
     (2) Have major impact nationwide.
     Article 9 It belongs to the dispute that land right takes place to the party, can't solve through consulting , can put forward to people's government or one grade of people's governments of township above county level and deal with the application in accordance with the law , can accord with this method too     The fifth, the regulations of six , seven , eight articles , put forward the application of investigating and handle to relevant territory resource administrative responsibile institutions.
     Article 10 Whether is it investigate and handle land right belong to dispute , should accord with the following conditions to apply.
     (1) Applicant and land of the dispute have direct stakes;
     (2) It there is be target of dealing with , concrete one treatment asking and fact according to.
     Article 11 It belongs to the dispute that the party applies to investigate and handle land right , should submit the written application and relevant evidence materials , and submit the copy according to the number of applicants of the quilt.
The application should state the following item clearly :
     (1) Applicant, and name or name, address, zipcode, legal representative name and post of applicant;
     (2) Item , fact and reason asked;
     (3) The witness' name , office , address , zipcode .
     Article 12 It belongs to the investigating and handle of the dispute that the party can trust the agent to apply for land right . The agent applied, should submit the letter of authority . The letter of authority should indicate that entrust the item and authority .
     Article 13 Belonging to the application that the dispute investigates and handle to the land right that the applicant puts forward, the territory resource administrative responsibile institution should accord with this method     The regulation of article 10 is examined , and 7 jobs will put forward the suggestion accepted in a few days from the day to receive the application .
Think that should accept , in determine 5 job send the applicant application copy in a few days from the day not accepting. Should submit and reply the book and relevant evidence materials within 30 days after receiving the application copy by the applicant. Ones that do not submit the book on the expiration of the time limit and reply, do not influence the treatment of the case .
Think that should accept , should draft in time that refuse to accept the recommendation , offer to the people's government at the same level and make the decision to refuse to accept.
The party does not agree with refusing to accept the decision, can apply for the administrative reconsideration or bring administrative litigation in accordance with the law .
The people's government at the same level, higher authorities' territory resource administrative responsibile institution assign or the relevant department transfer to the dispute case run, examined and deal with according to the relevant regulations of this article.
     Article 14 The following cases are not regarded as the acceptance and hearing of a case of the dispute :
     (1) Case that the land encroaches right;
     (2) Border dispute case of administrative division;
     (3) Illegal case of land;
     (4) Contractual management right dispute case of rural land;
     (5) Other right as the land belong to the case of the dispute .
     Article 15 After resource administrative responsibile institution determines to accept the territory, should appoint undertakers in time , survey fact situation of party's dispute .
     Article 16 The undertaker and dispute case have a stake , should withdraw by petition ; The party thinks that undertakers and dispute case have a stake, have the right to ask this undertaker to avoid . Whether the undertaker avoids , it determines to accept the territory resource administrative responsibile institution of the case.
     Article 17 The undertaker can investigate and collect evidence to unit concerned or individual in the course of it belongs to the dispute to investigate and handle land righting . Should help by the unit or individual investigated, and offer relevant proving materials accurately .
     Article 18 In the course of it belongs to the dispute to investigate and handle land righting, the territory resource administrative responsibile institution thinks that it is necessary to carry on on-site inspection to the land of the dispute , should notify parties and relevant personnel and reach the scene . When necessary , can invite the relevant department to send someone to help to investigate .
     Article 19 Land right belongs to the both parties of the dispute and shoulders burden of proof for the fact and reason that are put forward each, should offer relevant evidence materials to the territory resource administrative responsibile institution that is responsible for investigating and handle in time .
     Article 20 The territory resource administrative responsibile institution should examine the following evidence materials that both parties offered while investigating and handle the dispute case :
     (1) Evidence that the definite land right that the people's government issues belongs to;
     (2) The people's government or the responsible institution sanction taking over for use , allocating , sells the land or sanctions using the file of the land by other way;
     (3) Dispute on the written agreement that both parties reached in accordance with the law;
     (4) The people's government or the judicial authority deal with the files or figures of the dispute ;
     (5) Other relevant documentary evidences.
     Article 21 To the evidence material that the party offered, resource administrative responsibile institution should be proved to be true the territory, can be regarded as the foundation of asserting the fact.
     Article 22 Before the land ownership and solution to disputes of right to use, either party can't change the current situation that the land utilized .
     Article 23 Resource administrative responsibile institution should mediate the territory in advance on the basis of it belongs to the relation to investigate the fact , distinguish righting , impel parties to reach an agreement by way of consulting .
Mediating should adhere to the voluntary , legal principle .
     Article 24 Ones that mediate and reach an agreement, should make conciliation statement . The conciliation statement should state the following content clearly :
     (1) The party's name or name , legal representative's name , post;
     (2) Material fact of the dispute ;
     (3) The content of the agreement and other relevant items.
     Article 25 Mediate to both parties of Book of Records and sign or stamp, come into force after being signed and put on the seal of the territory resource administrative responsibile institution by the undertaker.
The conciliation statement coming into force has legal effect, is the basis that the land is registered.
     Article 26 The territory resource administrative responsibile institution should be in 15 days from conciliation statement effective date, according to the relevant regulations of the civil procedure , send the conciliation statement to the party, and send a duplicate to at the same time and go to the first class territory resource administrative responsibile institution.
     Article 27 Mediate and has not reached an agreement , the main administrative department of resource administration of territory should put forward the handling suggestion of the investigation in time , the people's government at the same level of newspaper makes the decision to deal with.
     Article 28 The territory resource administrative responsibile institution should put forward the handling suggestion of the investigation in 6 months from the day of it belongs to the dispute to accept land righting . Because the situation is complicated, the one that can't put forward handling suggestion of the investigation within stipulated time, sanctioned by this chief leading cadre in charge of department of resource administration of territory, can lengthen properly .
     Article 29 Investigate that the handling suggestion should include the following content :
     (1) The party's name or names , posts of the name , address , legal representative;
     (2) Fact , reason and request of the dispute ;
     (3) Bases , such as fact and laws and regulations that are covered by asserted ,etc.;
     (4) Treatment conclusion drafted.
     Article 30 After the territory resource administrative responsibile institution puts forward the handling suggestion of the investigation, should report to the people's government at the same level within 5 workdays , the people's government assigns the decision of handling.
The investigation handling suggestion of the territory resource administrative responsibile institution is in the people's government at the same level of newspaper, send a duplicate to and go to the first class territory resource administrative responsibile institution.
     Article 31 The party did not agree with decision of handling that the people's government makes, can apply for the administrative reconsideration or bring administrative litigation in accordance with the law .
Within fixed time, the party neither applies for the administrative reconsideration, does not bring administrative litigation either, the decision of handling takes legal effect promptly.
Basis registered that the decision of handling of coming into force is the land.
     Article 32 While land right belongs to the dispute to investigate and handle, staff members in charge of department of resource administration of territory neglect one's duties , abuse one's power , do wrong to serve one's friends or relatives, if the case constitutes a crime, criminal responsibilities shall be affixed in accordance with the law; Ones that do not form the crime , are imposed administrative sanctions in accordance with the law by its unit or its higher authorities .
     Article 33 Township grades of people's government deal with land right belong to dispute, carry out according to way this.
     Article 34 Investigate and handle the document form of the dispute case , is made in unison by Ministry of Land and Natural Resources.
     Article 35 Investigate and handle the expenses of the dispute case, carry out according to national relevant regulations.
     Article 36 This method enters into force on March 1, 2003. Former State Bureau of Land Administration release " land right belong to dispute punish the temporary means " abrogate at the same time will it be December 18 1995.