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Southern Rural News reported, "the lawsuit played so many years, we won twice, but still can not get ownership of two pieces of land." April 24, the northern slope of the town of Zhanjiang Suixi village frame frame Tian Tian order so Tsai Village group of villagers Li Yang holding court verdict said. Li Yang said the two pieces of land situated rack Tin Tsai Village orders, rack Luo Wancun the east, an area of about 28 acres, is the holder Tin Tsai village groups and make Suixi County Forest Experiment years of controversy woodland.
But stand Tin Tsai village group thinks so, the land in dispute was only lend Suixi County Forest Experiment Station Nursery management frame fields make use, land ownership is still vested in the village at all. A written March 12, 1959, stamped with "Suixi County Forest Experiment Station," the official seal of IOU villagers show: "In order to greening the motherland,louboutin uomo, seedling production and other needs, is to stand Tin Tsai Village make a case by land , place names: Large groups ridge, high village Chai Ling, wild boar quiet east ridge, you stand Tin Tsai Village masses when you want to make, I returned to the nursery (Ho) is. "
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In 2006, aircraft Tin Tsai village groups so dissatisfied Suixi Suixi County People's Government to issue administrative action Forest Experiment Station, "state-owned land use right certificates," the administrative proceedings to Suixi County People's Court, requesting revocation of the certificate.
That is to borrow
However, until August 25, 2011, Suixi county governments before making a "town on the northern slope of Suixi frame field to make the village, so Tsai Tian frame of villagers, rack Luo Wancun people group with Suixi Forestry Research field controversy woodland decision "(hereinafter" the decision "), confirmed two controversial land owned by the state, using all ownership Suixi Forest Experiment Station.
After the controversial founding of wasteland to woodland. November 22, 1959, state-run farms and plains of North County recorded under mine field make people's commune brigade frame (frame field that is now so village) signed a "deal with land rights agreement", containing the disputed land, including 4735 acres of land allocated to the management and use of state-owned farms plains.
For Suixi County People's Government to make the above-mentioned "decision" to make shelf Tin Tsai village group pleaded administrative proceedings to Zhanjiang City Intermediate People's Court. March 22,[url=http://www.lujuding.com/news/html/?3082.html]Im5H1mNHI7, 2012, the Intermediate People's Court of Zhanjiang City Lianjiang City People's Court ruled that the jurisdiction of the trial. May 8, 2012, Lianjiang City People's Court "(2012) William Law No. 7 line early word" executive decision, upheld the Suixi County People's Government to make "decision" on August 25,4SsQNkI0ah, 2011 the administrative act .
For the villagers said, "do the right land power in the hands of Suixi County People's Government, to whoever they want to determine to whom indeed," saying, Ye Chun has denied. He said that the dispute involved woodland located in Suixi County jurisdiction, according to the "Guangdong Province forest forest land ownership dispute mediation approach" Article: "Governments at all levels responsible for the administrative areas of the law to mediate disputes on forest property" "Power to the frame so that Tsai Tian village groups and Suixi County Forest Experiment Station land ownership dispute is really in the hands of Suixi County People's Government, but certainly do not want to give whoever is indeed correct to whom, are carried out according to the law. "
After the state plains state farms incorporated Qianjin Farm. August 1, 1963, forward Farm and Suixi County Forestry Bureau signed a "breakout Long live the plains on the receiving housing land transfer book",air max nike, agreed to the above-mentioned 4735 acres of land, 165 square meters houses handed over to Suixi Forestry nursery farm management frame fields make the same month on the 15th to complete the handover. Since then, the land from the Forestry Research Institute of Suixi frame field nursery field management to make use of. Accordingly, Suixi County Forest Experiment Station believes that the land in dispute all to himself.
The villagers said that since 1972, they repeatedly asked Suixi County Forest Experiment Station Nursery frame field to make restitution, but the latter has not to be returned, "1977, 1978, frame Tian Tian order nursery field and frame make Aberdeen Village also in respect of the land dispute had been consulted. "
County before determining ownership
It should be said, in this were the case, whether it is the court, or the government,[/url], are in their duties, no one has crossed the line, but why farmers still clinging walking in the road rights Have to say, the role of dislocation forest dispute mediation body is one of the root causes. Just Suixi county government in this matter is difficult to get rid of stakeholders,[url=http://www.nakagawa-j.com/hpgen/KEIJ/light.cgi]1tW7aW27JW, regardless of their dispute mediation to decide how to make the evidence, it is difficult for farmers convinced.
In a sense, the Suixi county government to come forward to make mediation shelf Tin Tsai village groups and the county Forest Experiment Station of woodland and determining land ownership disputes, more like a "athlete and when the referee," the bizarre game. Whatever Results are difficult to eliminate onlookers booed. Because 30 years ago, it Suixi county forest land is indeed the right to refer a dispute to the Suixi County Forest Experiment Station; 30 years later, although often lost in the administrative proceedings, but let Suixi county government revoked what they have awarded out that Zhang Shanlin warrants, easier said than done. The reason does not lie in whether the self-denial Suixi county courage and wisdom, and more importantly, the dispute mediation process,Xjb1qO3JeK, Suixi county government has been very difficult solitude independent, impartial third party can become a constant sound of hammer .
In this regard, Suixi forest dispute mediation Office Ye Chun said that to solve the dispute forest rights is indeed a long process. Under the current laws, the villagers made by the Government if the forest is indeed the right decision made, may apply for administrative reconsideration and, if they refused to accept the administrative proceedings may be the people's court, "If the court decision the government needs to make a new administrative act, the government will be under dispute new evidence raised by the further verification. "" Like shelf Order Tian Chai village groups and Suixi County Forest Experiment Station this age-old forest rights dispute verification takes a long time, some eight or ten years forest rights dispute can not be resolved. "Yechun said.
However, in 1982, Suixi Suixi County People's Government to make Forest Experiment Station Nursery frame field No. 0,005,256 issued a "Suixi forest warrants,kVE7gsGG37," said the dispute to the first ridge with a large group of names registered in the permit third column. In 1992, Suixi Suixi County People's Government gave Forest Experiment awarded including the above land, including "then the country with the word [1992]" No. "state-owned land use right certificates."
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May 18, 2007, aircraft Tin Tsai village groups make mention again Suixi County People's Court administrative proceedings, requesting an order Suixi county government land in dispute shall be given the right to do. Suixi County People's Court in the year to June 12 "(2007), Law No. 16 then line early word" executive judgment, judgment Suixi County People's Government in the decision within 60 days of the entry into force of the rack Tin Tsai Village make land tenure indeed the right decision to deal with the application.
Land ownership and uncompromising
■ Editor
Although once again won the case, but the rack Tin Tsai village still so happy. Some villagers said that as the disputed land is indeed the right power in the hands of the county government, "county government when the disputed land ownership to Woodland, we can only seek legal ways, but the court can not directly do the right land We even Gao Ying, the best result is indeed the right to re-sentence the county; and when the government will once again land is indeed the right to forest, farmers and had to seek legal remedies "Some villagers worry,2h1pO67u54, so on ad infinitum, their. rights is already caught in a bandy among "so that we may never have to not return land, but only in vain to catch the time and money."
The so-called third party, should be the event itself has no interest, no interest in the subject demands. On the surface,air max nike pas cher, Suixi County can indeed take on such a role, but its premise without notice, on to Suixi Forest Experiment Station, including the controversial land issue, including the "state-owned land use right certificates," has its ability to allow people to uphold the position in this dispute mediation from the mountains, and had doubts. This kind of "deficiencies", and has been strengthened in the current forest dispute mediation mechanisms. Since the forest dispute mediation is considered an administrative function, although farmers may rival in the county court, but disputed land ownership to determine the weight firmly in the hands of a reality in the county, so that the villagers efforts ultimately embarrassing predicament .
Illegal procedure
In view of this, the future of the forest dispute mediation,nike tn femme, they can try to land ownership by the special powers of arbitration or on a people's government. After rationalize the procedural issues, the mountains of fair mediation of disputes before they have the basic logic of the premise.
Subsequently, the frame Tin Tsai village groups make appeal to Zhanjiang City Intermediate People's Court. September 13, 2012, Zhanjiang Intermediate People's Court made "(2012) and France row Cham final word No. 101" final judgment: First, remove Lianjiang City People's Court (2012) No. 4 line early word inexpensive method, first 7 administrative decision; second, the revocation of the appellant Suixi County People's Government on August 25, 2011 to "town on the northern slope of Suixi frame field to make the village, so Tsai Tian frame of villagers, the people stand 罗湾村Suixi County Forest Experiment Station Group and woodland dispute the decision, "the specific administrative act, limit appellee Suixi County People's Government to re-specific administrative act.
State-owned land certificate is revoked
Suixi County People's Court that Suixi County People's Government awarded to Suixi Forest Experiment Station of "state-owned land use right" without the notice, certification procedures illegal. October 17, 2006, Suixi County People's Court "at the beginning (2006), then French Line No. 25" executive judgment, withdrew "then the country with the word [1992] No." "state-owned land use right certificate."
Suixi county might "tactful"
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發表於 2015-7-8 17:04:01
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