Article 16 of the "Land Management Law of the People's Republic of China" stipulates that land disputes can be resolved through negotiation between the two parties. Negotiation must follow the following principles: 1. Voluntary. That is, both parties are willing to negotiate and reach a consensus. No unit or individual may impose its will on another party. No unit or individual may illegally interfere. 2. Legal. The agreement reached by both parties must be legal and must not violate national laws and regulations, harm social and public interests, or harm the legitimate rights and interests of others. This method is suitable for land ownership and use rights disputes caused by unclear land ownership, unclear scope, unclear boundaries, etc. After negotiation between the two parties, a ownership and land boundary agreement was signed. Both parties to the dispute shall submit the dispute to the land and resources management department of the local people's government for review and filing. If the parties fail to reach an agreement through negotiation, they shall apply for mediation by the land and resources administrative department of the people's government. The administrative department of land and resources shall conduct mediation on the basis of equality and voluntariness of both parties. Mediation should achieve the following points: 1) Ascertain the facts, distinguish right from wrong, and clarify responsibilities; 2) Patiently persuade in accordance with laws, regulations, and policies, and clarify interest relationships; 3) It must comply with the provisions of laws, regulations, and Be principled and flexible; 4) Strive for cooperation and support from relevant departments. An agreement voluntarily reached by the parties under the auspices of the administrative department of land and resources shall be reviewed by the administrative department of land and resources and stamped by both parties. Once the mediation agreement is delivered to the parties, it becomes legally binding and becomes the legal basis for both parties to perform their duties. If the parties are unwilling to mediate, are dissatisfied with the mediation, or regret after the mediation is established but before the mediation agreement is served, they may directly request the people's government to handle it in accordance with the law. Mediation cannot be based on emotion, it cannot be settled without mediation, and it cannot be settled without mediation for a long time. The longer the mediation takes, the greater the trouble and passivity it will bring to the land and resources administrative departments. When administrative mediation fails, the matter should enter the processing stage in a timely manner. Disposal by the People's Government Disposal by the People's Government is the so-called administrative disposal. Article 16 of the Land Management Law stipulates that disputes between units shall be handled by the people's government at or above the county level; disputes between individuals or between individuals and units shall be handled by the people's government at or above the township level or county level. Land disputes handled by township-level people's governments are mainly land ownership disputes. One or both parties to the dispute are individuals. The scope of the dispute is small, the number is small, and the case is not too complicated. In order to resolve land disputes in a timely manner and facilitate the masses, it is appropriate for such disputes to be handled by the people's governments at the township level. However, for ownership disputes that are complex and have a large impact and involve registration and issuance of certificates, since the people's government at the township level has no right to register and issue certificates, they should be properly handled by the people's government at the county level. However, the township people's government can promise to accept it. Administrative handling is a form of arbitration and can be conducted with reference to the relevant provisions of the Arbitration Law. When handling the case, the administrative department of land and resources shall perform procedures in accordance with the provisions of the Ministry of Land and Resources' Measures for the Investigation and Handling of Land Ownership Disputes, and first carefully examine the application, defense and relevant evidence materials submitted by both parties to the dispute. Investigate facts, verify evidence, review relevant historical data and original vouchers, and may request relevant departments to assist in investigations or on-site inspections. After the basic facts of the dispute are clearly investigated, a decision will be made in accordance with the relevant laws and regulations on land management. After the settlement is completed, a "Land Dispute Settlement Decision" shall be made. The settlement decision shall state the following matters: 1. The names and addresses of the applicant and the respondent, as well as the names and positions of the agents and representatives. 2. Reasons for application, facts in dispute and requirements. 3. Treatment of facts, reasons and applicable law. 4. Process the results. 5. Treatment remedies. When handling land disputes, the administrative department of land and resources must pay attention to reviewing the application and relevant evidence materials submitted by the applicant. If the following problems are found, the accepting authority shall make a decision not to accept the application in accordance with the law within 7 working days of receiving the application. Written notification: 1. The applicant has no direct interest in the disputed land. 2. The specific requirements of the application do not comply with legal provisions. 3. There are no specific processing requirements and factual basis. 4. Does not comply with legal provisions. 5. The application will not be accepted. (4) Administrative region boundary dispute cases, land violation cases, rural land contract management rights dispute cases, etc. will not be accepted as dispute cases.
If the accepting agency discovers the above problems and still enters the handling process, it is likely to put itself in an embarrassing situation. If the investigators have a stake in the case, they should withdraw as soon as possible. If the parties are dissatisfied with the Land Dispute Resolution Decision, they may file a lawsuit with the People's Court within 30 days from the date of receipt of the Land Dispute Resolution Decision, or they may file an administrative review with the higher-level people's government within 60 days. The right to litigate The right to litigate is a basic right of citizens. When any unit or individual's legitimate rights and interests in land use are infringed upon, they have the right to request the state to use laws to protect them. Litigation, as a way to deal with land disputes, has three forms, namely civil litigation, administrative litigation and criminal litigation. Civil litigation over land disputes. A lawsuit filed for infringement of the rights stipulated in the Land Management Law is a civil lawsuit if it does not involve a major personal accident or serious damage to life and property. Although this type of civil litigation case has gone through administrative mediation by the land management department, this behavior is carried out at the request of one or both parties. The land management department is only the mediator, not a participant or party in the litigation, so it does not participate in the litigation. The litigants remain parties to the original dispute. The purpose of administrative handling of such cases by the land administration department is to resolve land disputes faster and better, reduce litigation, protect the legitimate rights and interests of the parties in a timely manner, and ensure that the case is concluded. Administrative litigation of land disputes. If both parties to a land dispute are dissatisfied with the People's Government's handling, they may file an administrative lawsuit with the People's Court within 30 days from the date of receipt of the handling decision. That is, the party dissatisfied with the handling is the plaintiff and the People's Government is the defendant. The Supreme People's Court's "Notice on the Acceptance of Real Estate Cases" stipulates that citizens, legal persons or other organizations are dissatisfied with the decisions on land ownership or use rights made by the people's government and its competent departments, or are dissatisfied with the decisions made by the people's government and its competent departments. If you are dissatisfied with the real estate administrative penalty decision, you may file an administrative lawsuit with the People's Court in accordance with the law, and the administrative tribunal of the People's Court where the real estate is located will accept the case in accordance with the law. The administrative tribunal of the people's court where the real estate is located shall accept the case in accordance with the law. Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the "Administrative Litigation Law of the People's Republic of China" stipulates that "Rural land contract management rights and other land use rights holders are dissatisfied with the administrative agency's disposal of rural collectively owned land used by them. Yes, you can file a lawsuit in your own name." Legal purpose:
Land Management Law of the People's Republic of China
Article 14
Disputes over land ownership and use rights shall be resolved through negotiation between the parties; if negotiation fails shall be handled by the people's government. Disputes between units shall be handled by the people's governments at or above the county level;
Disputes between individuals or between individuals and units shall be handled by the people's governments at or above the township level or county level. If the party concerned is dissatisfied with the handling decision of the relevant people's government, he may file a lawsuit with the People's Court within 30 days from the date of receiving the notification of the handling decision. No party may change the status quo of land use before the dispute over land ownership and use rights is resolved.