The main contents of the Regulations on the Determination of Land Ownership and Dispute Settlement in Hainan Province

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 in order to determine the ownership of land, handle disputes over land ownership and safeguard the legitimate rights and interests of land owners.

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 Land Ownership

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 incorporated 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 government and the army to accept the fake property;

(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 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.

Article 8 The land originally used by township (town) farms and still used or managed by township (town) people's governments belongs to the collective ownership of township (town) farmers.

The idle and abandoned land of the township (town) farm belongs to the farmers' collective ownership of the village collective economic organization, and if there is no dispute when the original village collective economic organization cultivates the land and applies for land ownership, it is determined to be collectively owned by the village farmers.

Article 9 After the promulgation of Article 60 and before the promulgation of the Regulations on Land Expropriation in May 1982, if the land used by state-owned farms and neighboring rural collective economic organizations has been used by state-owned farms, the land use right shall be determined to state-owned farms; Now it is used by the surrounding rural collective economic organizations, and the land ownership is determined to be owned by the rural collective economic organizations and farmers.

The land that has been issued by the state-owned farm according to law, and the current users have no legal basis for use, should be returned to the state-owned farm, or through consultation between the two parties, it can be used by contracting, leasing or joint-stock cooperation, with a clear term of use and continued use.

Article 10 Some members of the former rural collective economic organizations and their land are merged into state-owned farms, and the land of the former rural collective economic organizations that are not merged into the market is collectively owned by the farmers of the rural collective economic organizations that are not merged into the market.

Article 11 With the approval of the provincial people's government, if rural collective economic organizations withdraw after being merged into state-owned farms, the determination of land ownership or right to use shall be made by the municipal and county people's governments in accordance with the provisions of relevant laws, regulations and this Ordinance, after consulting with relevant units, and submitted to the provincial people's government for approval.

Twelfth members of the former rural collective economic organizations incorporated into the state-owned farm built houses within the scope of the land collectively owned by the original farmers incorporated into the state-owned farm before the merger, and the right to use the state-owned allocated land shall be determined according to law.

Article 131982 February 13 Before the implementation of the Regulations on the Administration of Land for Construction in Villages and Towns (hereinafter referred to as the Regulations on Villages and Towns), individuals shall build state-owned land for residential use within villages and towns, and the user's state-owned allocated land use right shall not be determined until he applies for land ownership.

Article 14 Before the implementation of the Regulations on Land Expropriation, units and individuals continue to use state-owned land until they apply for land ownership confirmation or land ownership disputes occur, and the users are determined to be state-owned allocated land use rights.

Article 15 After the implementation of the Regulations on Land Expropriation and before the implementation of the Law of the People's Republic of China on Land Administration on June 5438+0987+ 10/day (hereinafter referred to as the Land Administration Law), units and individuals use state-owned land for agriculture, forestry, animal husbandry and fishery production, and the land that has been continuously used by the time of applying for confirmation shall be

Sixteenth people's governments at or above the county level shall determine the land use right according to the current use situation if they repeatedly allocate the land that has been used; Not yet used, according to the final decision to determine the land use rights.

If the people's governments at or above the county level handle the land ownership for many times, the land use right shall be determined according to the final decision of the people's governments at the same level; Made by the people's governments at all levels, the land use right shall be determined according to the final decision of the people's government at the next higher level.

Seventeenth farmers' collective enterprises and institutions such as agriculture, forestry, animal husbandry, tea, fishing and saltworks use the land of their collective economic organizations to engage in agricultural production, and determine their collective land use rights according to law.

Where a unit or individual other than a collective economic organization obtains collective land for agricultural development by means of transfer, its collective land use right shall be determined according to the transfer contract with the farmers' collective land use right of the rural collective economic organization and the land use documents approved by the people's government according to law.

Article 18 Before the implementation of the "Regulations on Villages and Towns", villages and towns, village enterprises and institutions continued to use the land collectively owned by farmers for non-agricultural construction, until the application for confirmation of land ownership or land ownership dispute occurred, the right to use collective construction land was determined for villages and towns, village enterprises and institutions.

After the implementation of the "Regulations on Villages and Towns", collective land used by towns, villages, enterprises and institutions without authorization will be recognized if it continues to be used after being dealt with according to law.

Article 19 Before the implementation of the "Regulations on Villages and Towns", if the homestead occupied by members of rural collective economic organizations exceeds the area specified by the local government, after the implementation of the "Regulations on Villages and Towns", the right to use collective construction land can be determined according to the existing actual use area.

After the implementation of the "Regulations on Villages and Towns", members of rural collective economic organizations can determine the right to use collective land construction in accordance with the approval documents.

Article 20 After the implementation of the Regulations on Villages and Towns, and before the revision of the Regulations on Land Management in Hainan Special Economic Zone on September 24th, 1999, if members of rural collective economic organizations use rural homestead for more than one area continuously before the land is confirmed, the right to use the homestead shall be determined according to the area limit stipulated by the province at the time of confirmation; The part exceeding the prescribed area of this province shall not be registered and issued, but it shall be indicated on the land registration card and land certificate; When building or rebuilding houses by households, the right to use should be re-determined according to the area standard stipulated by the local government, and the excess should be returned to the rural collective economic organizations.

Members of rural collective economic organizations use the homestead with an area exceeding that specified in the preceding paragraph, and before returning the land used in excess of the area to the rural collective economic organizations, the rural collective economic organizations may refer to the compensation standards for land acquisition where cities, counties and autonomous counties are located, and charge the land users the collective land use fee exceeding the area.

No.2165438+1September 24, 1999 After the revision and implementation of the Regulations on Land Management in Hainan Special Economic Zone, if the homestead used by members of rural collective economic organizations is not legally approved, it shall be handled in accordance with the relevant provisions of the state and this province. Meet the conditions for the use of homestead, can continue to use, determine the right to use collective land construction; Do not meet the conditions for use, by the rural collective economic organizations with reference to the local city, county, autonomous county land acquisition compensation standards for the collection of collective land use fees.

Twenty-second members of rural collective economic organizations who meet the conditions of building houses by households but have not yet been divided into households, whose existing homestead does not exceed the total area standard of building land after households, can determine the right to use collective land construction according to the existing homestead area.

Twenty-third non agricultural registered permanent residence residents of the original or legally inherited rural housing, housing property rights have not changed, you can determine the collective land use right of their homestead according to law. If the reconstruction is not approved after the house is demolished, the land use right shall be recovered by the rural collective economic organization.

Twenty-fourth members of rural collective economic organizations accept the transfer and purchase of homestead for building, and the total area of the original homestead exceeds the standards set by the local government, and they are allowed to continue to use it in accordance with relevant regulations, so they can determine their collective land construction land use rights. The right to use collective land for construction can be determined by inheriting the homestead obtained by the house.

Article 25 During the land reform, if returned overseas Chinese request the people's governments at or above the county level to determine the land for their ancestral homes and courtyards in rural areas, the people's governments at or above the county level shall determine their collective construction land use rights according to the overall urban and rural construction planning and rural homestead standards. The construction land has been occupied and cannot be returned. Returned overseas Chinese and their relatives apply for other arrangements for land use, and rural collective economic organizations shall give priority to them.

Chapter III Determination of Land Ownership

Twenty-sixth the following evidence materials can be used as the basis for determining the ownership of land after verification:

(a) the certificate issued by the people's government in accordance with the law to determine the ownership of land;

(two) the people's government or the competent department in accordance with the law to approve the expropriation, requisition, allocation, transfer of land or other means to approve the use of land documents;

(three) the approval documents of the people's governments at or above the county level and the relevant departments on the formation, merger and division of state-owned farms;

(four) the land use agreement signed by the state-owned farm and the surrounding rural collective economic organizations;

(5) A written agreement reached by both parties to the land ownership dispute according to law;

(six) the people's government and relevant departments, judicial organs and arbitration institutions to deal with ownership disputes mediation, decision, judgment, award and other documents or drawings;

(seven) topographic maps, aerial photographs, image data and other relevant documents;

(eight) other evidence as prescribed by laws and regulations.

If one or both parties to the land ownership dispute cannot provide the written evidence specified in the preceding paragraph, they shall, in accordance with the provisions of relevant laws, regulations and these Regulations, find out the historical use and current use of the disputed land as the basis for determining the land ownership.

Twenty-seventh no unit or individual may ask for confirmation of land ownership on the grounds of "ancestral land".

Article 28. If the four boundaries on the land ownership or use right certificate are consistent with the field, but the actual area is inconsistent with the approved area, the land area shall be calculated according to the field four boundaries to determine the land ownership or use right boundary; If the boundaries of the four districts are unclear, but the area is accurate, the boundaries of land ownership shall be determined according to the area and the actual situation.

Twenty-ninth disputes arising from the inconsistency between the land agreement and the approved drawings, if the four boundaries in the agreement are clear, the land ownership boundary shall be determined on the basis of the agreement; The four boundaries in the agreement are not clear, but the attached drawings have been marked, and the attached drawings are the main ones, and the land ownership boundaries are determined with reference to the agreement; If the agreement and the attached drawings are not clear, the land ownership boundary can be determined through consultation according to the actual situation; If negotiation fails, the people's governments at or above the county level shall determine the boundaries of land ownership according to the actual situation.

Thirtieth land administrative departments shall examine the relevant ownership certificates and other relevant materials when determining the ownership of land.

When confirming the ownership of the land that has not yet issued the ownership certificate, the land administrative department shall verify the land ownership boundary on the spot.

When the land administrative department checks the land ownership boundary on the spot, it shall deliver the Notice of Checking the Boundary to the applicant and the neighboring people 7 working days ago. The notice of border verification shall specify the approved institutions and personnel, the approved land, place, time, place, participants and other relevant matters.

The applicant and neighbors shall participate in the demarcation as required; If he is unable to attend the meeting for some reason, he may entrust an agent to attend the meeting and issue a power of attorney; The power of attorney shall specify the entrusted matters, authority and time; If the applicant fails to reach the demarcation line without justifiable reasons, the demarcation line shall be suspended.

If some neighboring people do not come to the boundary demarcation without justifiable reasons, the land ownership boundary can be approved according to the boundary drawn by neighboring people and the applicant present; If all neighbors do not come to the boundary without justifiable reasons, the boundary of land ownership shall be verified by the investigators according to the boundary specified by the applicant and the land use status and habits.

There should be more than 2 people presiding over the examination and approval. After the verification is completed, the personnel involved in the verification shall sign the verification result and the signing date. For unsigned participants, the person in charge of verification shall indicate the verification results.

Article 31 When investigating the land ownership boundary, the applicant, neighbors or their entrusted agents may bring 1 to two people who are familiar with the land ownership boundary to assist in the demarcation.

Thirty-second after the completion of the approval, the land management department shall, within five working days, serve the approval of the land ownership boundary on the applicant and its neighbors or their entrusted agents. If the applicant and neighbors have no objection, they shall sign and seal the approval letter and return it within three working days; If you have any objection, you can apply to the land administrative department for re-approval of the land ownership boundary within 15 working days from the date of receiving the written approval notice. The application for review shall specify the matters, facts, reasons and evidence for review.

The land administrative department shall, within 5 working days from the date of receiving the application for re-approving the land ownership boundary proposed by the applicant and the neighboring people, make a decision on whether to reorganize the on-site approval of the land ownership boundary and serve it on the applicant and the neighboring people; If it decides not to re-approve, it shall explain the reasons.

If the applicant and the neighboring people still have objections to the land ownership boundary finally approved by the land administrative department, the land ownership registration procedure shall be terminated. Applicants and neighbors may apply to the relevant departments for investigation and handling of land ownership disputes according to law.

If the applicant, its neighbors or its entrusted agent fails to sign and seal without justifiable reasons and fails to raise a written objection, it shall be deemed that there is no objection.

Article 33 After the land ownership boundary is approved, if it meets the registration requirements, the land administrative department shall post an announcement in the office of the township people's government where the applicant for registration is located and where the land is located, and inform the township people's government to confirm it. The announcement time shall not be less than 15 days. The registration department of the place where the announcement is issued shall issue an announcement at the same time on the media or government portal designated by the people's governments of cities, counties and autonomous counties.

The announcement shall include the following contents:

(a) the name and address of the applicant for registration;

(two) the nature, area, approved ownership boundary and boundary of the land to be registered;

(three) the time limit, manner, facts, reasons and evidence of the objection raised by others;

(four) the organ that accepts the objection;

(5) Other matters.

Article 34 Where an applicant, an adjacent person or an interested party disagrees with the contents of the announcement, it shall, before the expiration of the announcement period, submit a written application to the land administrative department that disagrees with the handling of the land ownership dispute, and provide the specific handling request and relevant evidential materials; If there is no written application for handling land ownership disputes, it shall be deemed as no objection.

The land administrative department shall, within 5 working days from the date of receiving the objection application, make a decision on whether to accept the objection application, and notify the objector in writing; If it decides not to accept it, it shall explain the reasons.

In accordance with the provisions of this Ordinance, but does not belong to the authority to accept the application for land ownership disputes, it shall inform the applicant to the competent authority.

After accepting the application for objection, the competent authority shall handle it according to law.

Upon the expiration of the announcement, if the applicant, neighbors or interested parties have not raised any objection to the contents of the announcement or the objection is unfounded, the land administrative department shall handle the registration according to law.

Chapter IV Investigation and Handling of Disputes over Land Ownership

Thirty-fifth provincial people's government is responsible for investigating and handling the following land ownership dispute cases:

(a) land ownership disputes across cities, counties and autonomous counties;

(two) one party to the dispute is the central state organ or its directly affiliated unit, and it involves a dispute case with a large land area;

(three) one party to the dispute is the army and involves a large area of land;

(four) land ownership disputes that have a significant impact in the province.

The people's governments of cities, counties and autonomous counties shall be responsible for investigating and handling the following land ownership dispute cases within their respective jurisdictions:

(1) Cross-township land ownership dispute cases;

(two) land ownership disputes between units;

(three) land ownership disputes between enterprises, institutions and individuals.

The Township People's Government shall be responsible for accepting, investigating and handling the following land ownership dispute cases within its jurisdiction:

Land ownership disputes between individuals;

(two) land ownership disputes between individuals and units (not including land reclamation enterprises and institutions).

Township people's governments may accept land ownership dispute cases between rural collective economic organizations within their respective administrative areas, conduct investigation and mediation, put forward opinions on handling them, and report them to the people's government at the next higher level for a decision.

The provincial people's government shall strengthen the guidance and coordination of the people's governments of cities and counties in mediating land ownership disputes, and the people's governments of cities and counties shall strengthen the guidance and coordination of the people's governments of townships in mediating land ownership disputes.

Article 36 People's governments at or above the county level shall designate their subordinate departments (hereinafter referred to as land ownership dispute mediation institutions) to undertake the investigation and handling of land ownership disputes.

Article 37 When applying for the investigation and handling of land ownership disputes, the parties concerned shall submit a written application to the township people's government and the land ownership dispute mediation institution with jurisdiction, as well as relevant ownership source certification documents and other materials of the dispute case, and submit copies according to the number of applicants.

The application shall contain the following items:

(a) the name, address, postal code, name and position of the legal representative of the applicant and the respondent;

(2) the requested matters, facts, reasons and relevant evidence;

(3) The location, area and scope of the disputed land.

Thirty-eighth land ownership dispute investigation and handling applications meet the following conditions, the Township People's government and land ownership dispute mediation institutions shall accept:

(a) The applicant has a direct interest in the disputed land;

(2) Having a clear opposite party;

(three) there are clear objects, specific requests and factual basis.

Thirty-ninth applications for investigation and handling of land ownership disputes under any of the following circumstances, the Township People's government and land ownership dispute mediation institutions will not be accepted:

(a) the parties reached an agreement through consultation, and after the land ownership mediation agreement came into effect, one party reneged;

(two) the dispute over land ownership has been mediated by the people's government and an effective conciliation statement has been made, and one party has gone back on its word;

(three) after the people's government has made a decision to deal with the land ownership dispute, the applicant fails to apply for administrative reconsideration or bring an administrative lawsuit within the prescribed time limit, and there is no new evidence;

(four) other circumstances that are not accepted by the laws, regulations and rules of the state.

Fortieth the following cases shall not be accepted as disputes over land ownership:

(a) a case in which one party obtains the certificate of land ownership and the other party occupies its land;

(two) administrative boundary dispute cases;

(3) Cases of illegal land use;

(four) rural land contractual management rights dispute cases;

(five) other land ownership dispute cases stipulated by laws, regulations and rules.

Forty-first Township People's governments and land ownership dispute mediation institutions shall, within 7 working days from the date of receiving the application, investigate and handle the land ownership dispute; If it decides to accept the application, it shall send a copy of the application to the respondent; If the decision is not accepted, the reasons shall be explained and served on the applicant.

The respondent shall, within 30 days from the date of receiving the copy of the application, submit the written defense and relevant evidential materials. Failing to submit the defense and relevant evidential materials within the time limit will not affect the handling of the case.

Township people's governments and land ownership dispute mediation institutions shall inform the applicant in writing of the application for land ownership dispute that does not belong to their scope of acceptance or does not meet the acceptance conditions.

If the contractor has an interest in the disputed case, it shall apply for withdrawal; If the local people think that the undertaker has an interest in the disputed case, they have the right to ask the undertaker to withdraw. Whether the undertaker withdraws or not shall be decided by the township people's government or the land ownership dispute mediation institution that accepts the case.

Forty-second Township People's governments and land ownership dispute mediation institutions shall, when accepting land ownership dispute cases, require the parties to the dispute to submit relevant evidence within the specified time, and if necessary, collect and obtain relevant evidence ex officio. The parties shall be organized to hold a public hearing on the evidence and listen to the statements, arguments and opinions of all parties.

For disputes over land ownership, the Township People's Government and the land ownership dispute mediation institution shall mediate first, and the parties may also negotiate on their own. If a mediation agreement is reached through mediation or self-negotiation, a mediation agreement shall be made.

The conciliation statement shall contain the following contents:

(a) the name of the parties, the name and position of the legal representative;

(two) the main facts of the dispute;

(three) the contents of the agreement and other related matters.

The conciliation statement shall come into effect after being signed or sealed by both parties, signed by the undertaker and stamped with the seal of the township people's government or the land ownership dispute mediation institution.

Forty-third land ownership dispute mediation fails, the Township People's Government shall, within 6 months from the date of accepting the land ownership dispute, put forward opinions on investigation and handling or make a decision; The land ownership dispute mediation institution shall put forward opinions on investigation and handling within 6 months from the date of accepting the land ownership dispute, and report to the people's government at the same level for a decision on dispute handling.

If it is not possible to put forward opinions on investigation and handling or make a decision on handling within the specified time, it may be appropriately extended with the approval of the main person in charge of the township people's government or the land ownership dispute mediation institution, but the extension time shall not exceed 6 months.

Forty-fourth effective mediation of land ownership disputes and decisions made by people's governments at all levels according to law are the basis for land registration.

Article 45 The people's governments at or above the county level shall register and issue certificates of relevant rights and interests according to the land ownership dispute settlement decision or effective judgment, ruling or conciliation statement, and the registration department may not make an announcement in accordance with the provisions of Article 33 of these regulations. However, the ownership of the issued land, the user and the scope of a piece of land should be published in the media designated by the local government or the government portal.

The land registration certificate announced in accordance with the provisions of the preceding paragraph shall be deemed to have been delivered to the neighbors and interested parties after the expiration of the statutory time limit.

Article 46 During the registration and certification of land ownership and the investigation and handling of land ownership disputes, the parties and their entrusted agents shall not destroy, forge or conceal evidence, and shall not use violence, coercion or bribery to prevent witnesses from testifying or instruct others to commit perjury. A witness shall not commit perjury.

Forty-seventh before the dispute over land ownership and use right is resolved, any party to the dispute shall not do the following acts to change the status quo of land use except to continue normal production and living activities:

(1) Cutting down or damaging crops, buildings or structures on disputed land;

(2) Intercropping, interplanting, grabbing seeds, occupying or destroying crops or occupying land by other means on disputed land;

(3) Cross-border farming, expanding farming area and scope, changing farming methods or converting short-term crops into long-term crops;

(4) converting agricultural land into construction land;

(5) Planting long-term crops or replanting new long-term crops on disputed land;

(six) new construction, renovation and expansion of buildings or structures;

(seven) other acts prohibited by laws, regulations and rules to change the status quo of land use.

Forty-eighth land ownership dispute investigation, land boundary investigation need to pay fees according to law, shall be borne by the applicant.

Chapter V Legal Liability

Forty-ninth in violation of the provisions of article forty-sixth, the public security organs shall be punished according to the provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fiftieth in violation of the provisions of Article 47 of these regulations, the land administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, and if it refuses to make corrections, it may forcibly dismantle its newly planted trees, crops or newly built attachments. In violation of the provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law", the public security organs shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. If one party changes the present situation of land use and causes economic losses to the other party, it shall be liable for compensation according to law.

Article 51 After the award of land ownership dispute comes into effect, the party that does not enjoy the ownership and use right of the disputed land according to law shall withdraw from the land on schedule; If it fails to withdraw within the time limit, the land administrative department at or above the county level shall order it to make corrections or apply to the people's court for compulsory execution.

Article 52 State functionaries who abuse their powers, neglect their duties, engage in malpractices for selfish ends, ask for bribes or ask for property in the process of land ownership registration and certification or land ownership dispute mediation shall be given administrative sanctions by their units or supervisory organs according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Fifty-third the determination of forest land use rights and ownership and the investigation and handling of ownership disputes shall be carried out in accordance with the provisions of relevant laws and regulations; There are no provisions in laws and regulations, and if there are provisions in this Ordinance, it can be implemented with reference to the provisions of this Ordinance.

Fifty-fourth problems in the specific application of these Regulations shall be interpreted by the provincial people's government.

Article 55 These Regulations shall come into force on June 1 65438+1October1day, 2008.