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Since forest land is also rural contracted land, the provisions of the Rural Land Contract Law of the People's Republic of China can be applied to seek a solution.
Article 51 of the Rural Land Contracting Law of the People's Republic of China Where disputes arise due to land contracting and operation, the parties may resolve them through negotiation, or may request mediation by villagers' committees and township (town) people.
If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.
Article 52.
If a party is dissatisfied with the arbitral award of a rural land contract arbitration institution, it may file a lawsuit with the people's court within 30 days of receiving the award. If the lawsuit is not filed within the time limit, the ruling shall take legal effect.
Article 53: Where any organization or individual infringes upon the contracting party's right to contract and operate land, it shall bear civil liability.
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Forest land disputes can be resolved by multiple departments, as follows:
1. The Ministry of Natural Resources is responsible for guiding and supervising the mediation of forest land ownership disputes except for forest right contract disputes and contract management right disputes, and the State Forestry and Grassland Administration shall cooperate with relevant work;
2. Disputes over the ownership of forest land shall be handled by the people at or above the county level where the dispute is located, and the competent departments of natural resources at or above the county level shall handle them in conjunction with the administrative departments of forestry and grassland; Where it is necessary to make a disposition decision in accordance with the law, draft a disposition opinion and report it to the people at the same level to make a disposition decision;
3. Disputes over the ownership of forest land between individuals and between individuals and units can be handled by the township people according to the application of the parties;
4. Disputes over the ownership of forest and forest land in national key forest areas shall be handled by the provincial competent department of natural resources in conjunction with the forestry and grassland administrative department where the dispute is located, and if a decision needs to be made, it shall be reported to the provincial people's first decision. After the dispute is settled, if the scope of the original right confirmation registration is changed, the results shall be reported to the Ministry of Natural Resources and the National Forestry and Grassland Administration.
Legal basisArticle 13 of the Measures for the Settlement of Disputes over the Ownership of Trees and Woodlands.
After the occurrence of a forest rights dispute, the parties shall take the initiative, mutual understanding and mutual concession to settle the dispute. If an agreement is reached through negotiation in accordance with the law, the parties shall sign or seal the agreement and the attached drawings, and report to the local forest rights dispute settlement agency for the record; If an agreement cannot be reached through consultation, apply to the forest rights dispute settlement agency in accordance with the provisions of these measures.
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Disputes between villagers in rural areas shall be mediated by the forest rights dispute settlement agency where the forest land is located. If an agreement is reached through negotiation in accordance with the law, the parties shall submit the Application for Settlement of Disputes over the Ownership of Forest Land to the forest rights dispute mediation agency or the forest rights management agency for processing.
If the forest right dispute is mediated by the forest right dispute mediation agency or the forest right management agency and no agreement is reached, the forest right dispute mediation agency or the forest right management agency shall make a written opinion and report it to the people at the same level for decision. If the parties are not satisfied with the decision on the settlement of forest rights disputes made by the people, they may apply for reconsideration or file a lawsuit with the people's court in accordance with the law.
Article 13 of the Measures for the Settlement of Disputes over the Ownership of Forest Trees and Lands provides that after the occurrence of a dispute over forest rights, the parties shall take the initiative, understand each other and settle the land through negotiation. If an agreement is reached through negotiation in accordance with the law, the parties shall sign or seal the agreement and the attached drawings, and report to the local forest rights dispute settlement agency for the record; If no agreement can be reached through negotiation, the application shall be made to the forest right dispute handling agency in accordance with the laws and regulations of the office.
Article 10 of the Measures for the Settlement of Disputes over the Ownership of Forest and Forest Land, the forest rights dispute shall be handled by the common forest rights dispute settlement agency of the parties.
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Legal analysis: (1) The Ministry of Natural Resources is responsible for guiding and supervising the mediation of forest land ownership disputes nationwide, except for forest right contract disputes and contract management right disputes, and the State Forestry and Grassland Administration shall cooperate with the relevant work.
2. Disputes over the ownership of forest land shall be handled by the people at or above the county level where the dispute is located, and the competent departments of natural resources at or above the county level shall handle them in conjunction with the administrative departments of forestry and grassland; Where it is necessary to make a disposition decision in accordance with the law, draft a disposition opinion and report it to the people at the same level to make a disposition decision; 3. Disputes over the ownership of forest land between individuals and between individuals and units can be handled by the township people according to the application of the parties; (4) Disputes involving the ownership of the number of forest lands in the national key forest areas determined by the provincial competent department of natural resources in conjunction with the competent administrative department of forestry and grassland shall be handled by the provincial competent department of natural resources at the place where the dispute is located, and if a decision needs to be made, it shall be reported to the provincial people's ** to make a decision.
After the dispute is settled, if the dispute involves a change in the scope of the original confirmation registration, the results of the handling shall be reported to the Ministry of Natural Resources and the State Forestry and Grassland Administration.
Legal basis: "Forest Law of the People's Republic of China" Article 41 In violation of the provisions of these Regulations, deforestation and seed harvesting or in violation of the operating technical procedures of resin harvesting, digging bamboo shoots, digging roots, peeling bark and excessive pruning, resulting in the destruction of forests and trees, compensation for losses according to law, by the people's forestry authorities at or above the county level shall order to stop the illegal acts, replant the number of destroyed trees 1 to 3 times, and may be fined 1 to 5 times the value of the destroyed trees; If the refusal to replant trees or the replanting does not comply with the relevant provisions of the state, the competent forestry department of the people's government at or above the county level shall organize the replanting on behalf of the people, and the required expenses shall be paid by the violator.
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