Prosecution procedure of land dispute court

(a) general land disputes must be in accordance with the provisions of article thirteenth of the land management law, first by the local land authorities for administrative mediation. If a party refuses to accept administrative mediation, it can be settled in accordance with regulations and judicial procedures. Courts without administrative mediation will not accept it. (2) Before the dispute over land ownership and use right is settled, neither party shall change the status quo of the land, destroy the attachments on the land, affect production, or build buildings or change the attachments on the disputed land. (3) Agreements and agreements have been reached in history, or rural rules and regulations have been formulated, and if these agreements and agreements do not violate national laws, decrees and policies, they should be maintained, and unreasonable parts can be appropriately adjusted. (four) the disputes caused by the past free possession or leveling should be analyzed in detail according to the current party policy. Through careful investigation and study, listen to opinions from all sides. Distinguish the party's principles and policies at all stages, put forward reasonable suggestions according to specific conditions, and avoid using simple, arbitrary and general solutions. (5) Disputes caused by free possession or transfer in the past should be protected according to the current party's policy spirit and legal provisions. (6) If the status quo cannot be maintained in accordance with the provisions of paragraph 5 of Article 13 of the Land Administration Law before the dispute over land ownership or use right is resolved, the land administration organ has the right to designate temporary users to use and protect the disputed land, and both parties to the dispute must obey, and shall not destroy the land and its attachments under an excuse, incite the masses to make trouble, or forcibly occupy the land by other illegal means.

Legal objectivity:

Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.