How to Resolve the Dispute over Forest Rights of "One Land, Two Owners"

2023-05-31

There are actually two forest ownership certificates in the same forest land, leading to continuous disputes among neighbors. Not long ago, the Linxi County Procuratorate of Inner Mongolia Autonomous Region successfully resolved a lawsuit supervision case caused by forest rights registration by actively performing its duties, completely resolving the issue of forest land ownership. The supervision applicant Ding also submitted a withdrawal of supervision application to the procuratorial organ. Zhao and Ding are both villagers of a village in Linxi County. In the 1980s, the two of them respectively contracted for a portion of the forest land behind Sun's house in the same village, and obtained forest ownership certificates numbered 171504 and 171505 in 1999. It was recorded that all four directions reached Sun's house in the east, Dao in the south, Gou in the west, and Sun in the north. After the reform of the forest ownership system in 2010, Linxi County carried out unified forest ownership confirmation work. Due to Zhao's constant absence from work and lack of knowledge about the land ownership and certificate renewal work, Ding independently obtained the forest land use right of the disputed plot and obtained the forest ownership certificate issued by the real estate registration department of Linxi County. In September 2020, Zhao sued the real estate registration department of Linxi County and Ding on the grounds that the forest ownership certificate obtained by Ding infringed on his forest land use rights. After trial, the court found that the real estate registration department of Linxi County did not announce Ding's application for forest rights registration, and the registration process was illegal. On November 23, 2020, the court ruled to revoke Ding's forest rights certificate. After the first instance judgment came into effect, Ding applied for a retrial to the Chifeng Intermediate Court, which ruled on November 24, 2021 to reject Ding's retrial application. Ding applied for supervision to the Linxi County Procuratorate on February 8th this year. After examination, the procuratorial organ found that Zhao had no knowledge of the unified issuance of forest property rights certificates when he went out to work all year round. After learning that the registration authority was responsible for Ding's administrative act of forest property rights registration, the lawsuit did not exceed the statutory deadline for filing a lawsuit. The real estate registration department of Linxi County did not publicly announce Ding's registration application, resulting in illegal registration procedures; The original judgment was not inappropriate, and Ding's application did not meet the supervision conditions. Originally, the prosecutor's office could directly make a decision not to support the supervision application based on this, but due to Ding and Zhao obtaining forest ownership certificates with the same scope, it is now impossible to determine the specific scope of their forest land use rights. Failure to resolve the dispute will affect neighborhood harmony. In order to alleviate the burden of litigation and resolve administrative disputes in a substantive manner, the Linxi County Procuratorate decided in April this year to organize a public hearing on the case, inviting representatives of the National People's Congress, people's supervisors, and others to participate in the hearing. The hearers unanimously recognized the decision of the procuratorial organ not to support the supervision application, but both parties still hold their own opinions and do not compromise, both believing that the forest land is their own. In response to this situation, after the hearing, the Linxi County Procuratorate took the lead in organizing a working group composed of personnel from the town government, judicial office, village committee, litigation administrative agency and other units where the parties were located to resolve the dispute multiple times, but the progress was not smooth. Zhao and Ding are both elderly people who are nearly 70 years old and live in the same village. Why are they not giving way to each other in this dispute? With doubts in mind, the handling prosecutor visited the two elderly people's homes multiple times to have a heart-to-heart conversation, and found that they were not very concerned about the forest dispute itself, but there were mostly angry elements caused by daily trivialities and inappropriate language. After identifying the root cause of the problem

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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