How to deal with the confirmation of forest right dispute

Qingzhou, located at the junction of Lushan Mountain and Lubei Plain, is a mountainous area with superior geographical environment and rich forestry resources. With the development of economy and society and people's increasing attention to land, mountains and other resources, while land, mountains and other resources are effectively utilized, land disputes that were neglected in the past, including mountain ownership disputes, are also increasing. According to the experience of mediating various disputes over land and forest ownership in the past few years, especially in the villages of Shenjia, Shi Jia and Housi in Yunhe Hui Township, the author thinks that the following issues should be clarified in the process of mediating and determining the ownership of land and forest. At present, the status quo of forest land ownership disputes is that forest disputes mainly refer to the disputes between the two parties over the ownership and use rights of trees on the forest land, especially the land occupied by them. Article 16 of the Land Management Law stipulates: "Disputes over land ownership and use rights shall be settled by the parties through consultation. If negotiation fails, it shall be handled by the people's government, and disputes between units shall be handled by the people's governments at or above the county level. " It can be seen that the main body of land-related ownership disputes is the people's governments at all levels. When the government mediates disputes over forest rights, it emphasizes "taking facts as the basis and law as the criterion", and the focus of consideration is more biased towards facts. According to my experience and my own summary of land ownership disputes, especially forest ownership disputes, most of these disputes began in the people's commune period. Because the legal system was not perfect at that time, the determination of forest right was too arbitrary, which led to neither scientific definition nor written records. In addition, the time is too long, and some witnesses at that time have passed away, which brings great obstacles to the correct adjustment of such disputes. At present, the determination of forest right has an impact on social stability. During the planned economy period before 1980s, the rural management system experienced many changes, from land reform to cooperation, and then to the contract responsibility system. During this period, the forest right disputes were divided into cases, which were complicated, long in time span, involving a wide range, difficult to obtain evidence, difficult to close the case and many problems left over from history. Therefore, we must handle the dispute of forest ownership carefully. Carelessness will definitely affect local stability and economic development. In the previous forest land dispute between Fairy Village and Li Jiayuan Village, because the villagers didn't understand the law, there was an illegal incident in which the villagers of one village took the villagers of another village as hostages privately. At present, there are problems to be solved urgently in the confirmation of forest right disputes. Because the historical situation of most forest right disputes is complicated, there will be problems from the applicant's application for mediation to the final confirmation, and each link may have an impact on the final confirmation. Therefore, we should pay attention to the unity of history and reality. Generally speaking, there are both historical and practical reasons for the dispute over the ownership of rural forest, and neither of them can be ignored. How to deal with this relationship is very important to people's governments at all levels. Respect for history means a comprehensive and objective analysis of the historical factors that cause disputes, and a very clear judgment on what can be based on and what cannot be based on. However, respecting history cannot separate reality, and realistic factors should be fully considered. Only in this way can disputes be handled objectively and fairly. Attention should be paid to the organic combination of legal means and administrative means. People's governments at all levels are the main body to deal with disputes over forest rights. Governments at all levels should, within the scope of laws and regulations, make appropriate adjustments and re-division of forest land through administrative means or administrative orders, and resolutely transfer those that constitute crimes to judicial organs for corresponding criminal punishment. Therefore, paying attention to the organic combination of legal and administrative means is conducive to the handling of disputes, and its effect is often twice the result with half the effort. We should solve practical problems while doing ideological work well. Doing ideological work well is an important means to deal with forest right disputes, but it is not absolute, especially not empty preaching.