Regulations of Hainan Province on the Determination of Land Ownership and Dispute Resolution

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Constitution of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China and other relevant laws and regulations, and in combination with the actual situation of this province. Article 2 The term "land ownership" as mentioned in these Regulations refers to land ownership and land use right ownership. Land ownership dispute refers to the dispute over land ownership or use right. Article 3 The ownership and use right of land shall be determined by the people's governments at or above the county level, and shall be specifically undertaken by the land administrative departments.

Disputes over land ownership shall be handled by the people's governments at all levels and their departments in accordance with the division of responsibilities. Article 4 The determination of land ownership and the investigation and handling of disputes over land ownership shall adhere to the principles of fairness, justice and openness, be based on laws, regulations and rules, respect history and reality, and seek truth from facts, which is conducive to social stability and economic development. Chapter II Ownership of Land Article 5 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(four) land formed by rivers, lakes and oceans and land formed after the completion of reclamation projects;

(five) due to national migration, natural disasters and other reasons, the land that is no longer used by the landless farmers after the collective migration is no longer used;

(6) With the approval of the people's governments at or above the county level, the personnel and land of rural collective economic organizations are actually merged into the land of state-owned agriculture, forestry, animal husbandry, tea, fishing and saltworks (hereinafter referred to as state-owned farms), which originally belonged to farmers' collective economic organizations;

(seven) the fake property received by the government and the army;

(8) Military land requisitioned and allocated with the approval of the people's government;

(9) 1962 Before the promulgation of the Amendment to the Regulations on the Work of Rural People's Communes (hereinafter referred to as "Article 60"), the land owned by the former farmers (including the land owned by individuals before the cooperation) used by state organs, state-owned enterprises and institutions, social organizations, military units, urban collective-owned units and overseas Chinese farms under collective ownership has not been returned to the farmers' collective;

(10) The land collectively owned by the former peasants used by state organs, state-owned enterprises, institutions, social organizations, military units and urban collective-owned units under any of the following circumstances from the publication of Article 60 of the Regulations on Land Requisition for National Construction (hereinafter referred to as the Regulations on Land Requisition) to the implementation of May 2002 1982:

1. Land for which relevant agreements such as land transfer have been signed;

2. Land approved for use by the people's governments at or above the county level;

3. Land that has been compensated or resettled through labor;

4. Land donated by farmers collectively;

(eleven) other state-owned land as prescribed by laws and regulations. Article 6 The land allocated to farmers and issued with land ownership certificates during the land reform, the land determined to be collectively owned when Article 60 is implemented, and the land used by rural collective economic organizations before Article 60 is implemented until the application for confirmation of rights or the dispute over land ownership occurs, belong to the farmers collectively owned by rural collective economic organizations. Unless it is owned by the state as stipulated by laws and regulations.

According to the farmers' collective land ownership determined in Article 60 of the Measures, the collective land ownership is determined according to the changed status for the following reasons:

(a) the change of land ownership caused by the merger or division of villages, teams and cooperatives;

(2) The land has been adjusted due to land development, land requisition by the state, collective establishment of enterprises and institutions or natural disasters;

(three) the boundaries of land ownership redrawn due to farmland capital construction and administrative division changes.

Unless there is evidence that the land collectively owned by the village farmers belongs to the state or other farmers' collectives, the ownership shall be determined according to the land actually used by the village farmers' collectives at present. Seventh rural collective economic organizations have continuously used the collective land of other rural collective economic organizations for 20 years until the right is confirmed or when there is a dispute, they shall determine that the land ownership belongs to the current user; The land has been used continuously for less than 20 years or has been used for 20 years, but during this period, if the original owner submits a written request for return to the current user or the relevant department, the land ownership will still belong to the original owner.

Rural collective economic organizations have continuously used the land used by other rural collective economic organizations for less than 20 years at the time of confirmation or at the time of dispute, and the parties to the land ownership dispute cannot submit sufficient evidence to prove their land ownership, the people's government at or above the county level shall determine the ownership according to the following circumstances:

(a) there is no dispute before applying for land ownership, and the land ownership is determined to be collectively owned by the farmers of the rural collective economic organizations in use;

(2) If there is a dispute before applying for land ownership, the land ownership of all parties shall be determined according to the specific conditions such as use status, use time, habits of production activities, population, per capita land ownership, distance and so on.