The dispute over the ownership of forest land as mentioned in these Regulations refers to the dispute over the ownership or use right of forest land. Article 3 Local people's governments at all levels shall handle disputes over the ownership of forests and woodlands within their respective administrative areas according to law.
The local people's governments at or above the county level shall be responsible for the specific work of dealing with disputes over the ownership of forests and woodlands, and the mediation institutions of the people's governments at the corresponding levels or the competent forestry departments shall be responsible for it; The township (town) people's government is responsible for dealing with the specific work of forest land ownership disputes.
In accordance with the provisions of the preceding paragraph, the institutions or departments responsible for handling the specific work of forest and forest land ownership disputes are hereinafter referred to as the mediation department of forest rights disputes.
The relevant departments of the local people's governments at or above the county level, such as land and resources, agriculture, water conservancy, ocean, fishery, civil affairs, public security, letters and visits, shall, according to their respective functions and duties, assist in handling disputes over the ownership of forests and woodlands. Article 4 The principles of respecting history and reality, mutual understanding and accommodation, openness and fairness shall be followed in mediating disputes over ownership of forest and woodland. Article 5 Disputes over forest land ownership shall be settled by the parties through consultation; If negotiation fails, the application shall be handled in accordance with the provisions of these regulations; If you are dissatisfied with the decision, you should apply for administrative reconsideration first according to law; If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court according to law.
When the parties negotiate to resolve the dispute over the ownership of forests and woodlands, they may request the mediation department of forest rights disputes to participate.
The forest land ownership agreement reached by the parties through consultation shall be consciously fulfilled. Article 6 After disputes over the ownership of forests and woodlands occur, the local people's governments must take effective measures to prevent the situation from getting worse. Before the dispute over the ownership of forest land is resolved, the local people's governments at or above the county level shall not issue the People's Republic of China (PRC) and National Forest Certificates to the disputed mountain fields, and the relevant competent departments shall not issue forest cutting licenses, approve the use of forest land or go through the registration procedures for the change of forest land ownership. Article 7 After a dispute over the ownership of forests and woodlands occurs, the parties concerned shall not engage in activities related to the ownership and use right of forests and woodlands in the disputed mountain field.
In the disputed mountain field, illegal felling of trees and occupation of forest land shall be stopped by the competent forestry authorities; The public security organ shall investigate and deal with illegal acts such as destroying production and living facilities, causing troubles, and intentionally hurting others. Article 8 After a dispute over the ownership of forests and woodlands occurs, the local people's government at the next higher level where the parties are located may, according to the actual situation, take temporary measures to close the disputed mountain field, make an announcement, and inform the relevant interested parties in writing.
Due to special circumstances such as forest pest control, it is necessary to enter the disputed mountain field to engage in activities related to the ownership or use right of forest land, which shall be organized and implemented by the local people's government at the next higher level where the parties are located. Article 9 If the disputed mountain field is expropriated or requisitioned according to law, the relevant expropriation and requisition procedures shall be handled under the organization of the local people's government at the next higher level where the parties are located.
Compensation fees for forest land, forest trees, resettlement fees and compensation fees for the expropriation of disputed mountain fields, as well as the income from the sale of wood and fruits, shall be deposited in the financial special account and shall not be used for other purposes.
After the dispute is settled and the ownership is clear, the mediation department of forest right dispute of the local people's government at the next higher level where the parties are located shall pay the compensation fee for forest land, forest compensation fee, resettlement subsidy, compensation fee for requisition of disputed mountain field and the proceeds from the sale of wood and fruit in accordance with the law or as agreed by both parties. Pay the creditor in full in one lump sum. Tenth local people's governments at or above the county level shall commend and reward the units and individuals that have made outstanding contributions in the dispute settlement of forest and woodland ownership. Chapter II Basis for Disposal Article 11 The register of ownership of forests and woodlands registered by local people's governments at or above the county level according to law is the basis for confirming the ownership or use right of forests and woodlands.
The People's Republic of China (PRC) Forest Ownership Certificate issued by the local people's government at or above the county level is the basis for dealing with disputes over the ownership of forests and woodlands. Article 12 Disputes over the ownership of forest land that has not obtained the "People's Republic of China (PRC) Forest Ownership Certificate" within the county-level administrative region shall be handled on the basis of the forest ownership certificate issued by the local people's government at or above the county level according to law during the forestry "Sanding" period and the forest ownership certificate changed according to law thereafter.
Without obtaining the "People's Republic of China (PRC) * * * and the National Forest Ownership Certificate", disputes over the ownership of forests and woodlands that occur across county-level administrative areas shall be handled on the basis of land certificates issued by local people's governments at or above the county level according to law during the land reform period. However, during the land reform, the land certificate was not issued by the people's government at the county level where one of the parties to the dispute was located, and it was settled by both parties through consultation; If negotiation fails, the ownership of forests and woodlands shall be determined by the local people's government at the next higher level where the parties are located. Thirteenth there is no basis for dealing with the provisions of Articles 11 and 12 of these regulations, and the following materials can be used as the basis for dealing with disputes over forest land ownership:
(a) the legal documents made by the people's court on the effective ownership of forest land;
(two) the decision made by the local people's government at the next higher level where the party is located, which involves the ownership of forest land;
(3) Agreements and gift certificates reached by the parties according to law;
(four) the inventory of rural and village land reform or forest reform;
(five) the state-owned forest inventory or forest reform inventory during the land reform period.
Where the parties put forward different materials listed in the preceding paragraph, the last effective material shall be used as the basis for handling the dispute over the ownership of forests and woodlands.
If the parties to a dispute over the ownership of the same forest or woodland have multiple agreements, the last agreement shall be taken as the basis for handling the dispute over the ownership of the forest or woodland.