Who knows the State Council's original document (1984)95?

The full text of the State Council approved the report of the Ministry of Forestry, the Ministry of Civil Affairs and other departments on mediating inter-provincial forest rights disputes, and notified Guo Fa [1984] No.95.

The State Council agreed with the Ministry of Forestry, the Ministry of Civil Affairs, the Ministry of Public Security, the Ministry of Justice and the State Ethnic Affairs Commission "Report on Inter-provincial Forest Right Dispute Mediation", which is hereby printed and distributed to you, please follow it.

All regions should put this work on the important agenda, strengthen leadership and make specific arrangements. Neighboring provinces should take the initiative to contact, coordinate their actions, cooperate closely, do a good job together, and handle the existing forest right disputes in the next two years, so as to enhance the unity of the people of all ethnic groups in the border areas and promote the development of construction.

Inter-provincial forest right dispute mediation report

In recent years, the forest right disputes between provinces are very prominent, which have caused serious losses to people's lives, property and forest resources and affected stability and unity. To this end, we have conducted in-depth investigations in key areas and studied solutions with some provinces and regions. The report is as follows:

one

Since the Third Plenary Session of the Eleventh Central Committee, the CPC Central Committee and the State Council have attached great importance to solving the problem of forest rights. 198 1 in March, the Central Committee of the Communist Party of China and the State Council issued the Decision on Several Issues Concerning Forest Protection and Forestry Development, requiring all localities to do a good job in the implementation of forest right and responsibility system for forestry production and actively resolve forest right disputes. 1982 10, the Central Committee of the Communist Party of China and the State Council once again stressed the need to deal with this problem in their emergency instructions on stopping deforestation. Over the past three years, all localities have conscientiously implemented the spirit of the instructions of the CPC Central Committee and the State Council, and paid close attention to the mediation of forestry "Sanding" forest rights disputes. According to statistics, more than 400,000 disputes have been settled in China. However, most inter-provincial forest rights disputes have not been resolved. Up to now, there are more than 1360 disputes in China, with an area exceeding1400,000 mu, and there are more disputes in southern provinces. The main reason for the inter-provincial forest rights dispute is: (1) the forest ownership is unclear. In some areas, the forest right has changed, and the work is very rough, which leads to the confusion of ownership. (2) The administrative boundary between provinces and districts is not clear. In some places, provincial boundaries and district boundaries have not been drawn or drawn in the past, and the provincial boundaries and district boundaries of administrative divisions mastered by both parties to the dispute are inconsistent, and they are competing for maps and mountains and forests. (3) Some cadres and the masses are influenced by anarchism, selfish departmentalism and feudal clan thoughts.

For a long time, there has been no unified policy and action in the mediation of inter-provincial forest rights disputes, which has led to a long delay in many disputes. In many places, forest occupation and deforestation often occur, and even lead to large-scale fighting, which not only causes serious losses of life, property and forest resources, but also undermines the stability and unity of border areas and affects production and construction, and needs to be properly resolved.

two

To mediate inter-provincial forest right disputes, we must proceed from being conducive to stability and unity, national unity, forest protection and development, people's production and life, and the four modernizations, educate cadres and the masses, carry forward the * * * production style, overcome selfish departmentalism, make mutual understanding and accommodation, and solve problems through consultation. In mediation, we should master the following policy principles:

(1) According to the relevant provisions of the Land Reform Law of the People's Republic of China, the old contract before liberation cannot be used as the basis for determining the ownership of mountain forests.

(two) the ownership of forest trees should be based on the ownership determined during the land reform, with the land certificate issued by the people's government as the main certificate; If there is no land certificate, you can refer to the land inventory at the time of land reform. Where mountain rights are allocated during the land reform, their ownership will not change.

The trees distributed by both sides for many times during the period of land reform, where conclusive evidence can be presented, should be settled through consultation in line with the principle of benefiting production management and taking into account the interests of both sides; If negotiation fails, in principle, it will be divided into two parts according to the natural terrain. However, for the newly-built plantation after the land reform, no matter who owns the forest right, it will still be handled according to the principle of 50-50 split.

If the four sides of the forest recorded in the land certificate are inconsistent with the area, the ownership shall be determined on the basis of the four sides; Four inaccurate negotiation solutions.

Neither side has carried out land reform, or the forest that has been reformed but cannot be certified,

Disputes between state-owned units, such as the administrative boundaries of provinces and districts, are bounded by administrative boundaries, and the provinces or districts where forests are located will be owned by them; It is a dispute between collective units or between state-owned units and collective units, and the mountain rights and forest rights of all plantations are owned by the afforestation party; Natural forests and barren hills and wasteland should be settled through consultation according to the history and current operating conditions, taking into account the interests of both sides.

During the period of land reform and cooperation, in order to help ethnic minority communes develop production, the Han nationality communes were placed under the mountain forest of ethnic minority communes, and the ownership remained unchanged.

(three) after the land reform and before the cooperative transformation, the trees that have been moved, married or given away by the receiving party after going through the formalities of joining the cooperative belong to the receiving party collectively; Those who have not gone through the formalities of joining the club are still owned by the original team. After the transformation of the cooperative, the forest ownership that has been moved, married or given to others still belongs to the original commune and brigade collective.

(4) After liberation, the plantation that is planted on the other side's land across the border shall be settled through consultation in accordance with the principle that the mountain right remains unchanged, the forest right belongs to the forest owner and the interests of the mountain right party are properly taken care of.

(5) Where the administrative boundaries of provinces and districts are disputed, they shall be determined by both parties through consultation in accordance with the relevant provisions and with reference to the historical situation and natural terrain after liberation, and the approval procedures shall be handled in accordance with the relevant provisions on the change of administrative areas.

(six) the two sides of the forest right dispute between provinces have reached an agreement, or have been ruled by the higher government and judicial organs. Both parties shall maintain the original agreement and award, and shall not unilaterally modify or overturn it under any pretext. If there are several agreements or rulings on the same dispute, the last agreement or ruling shall prevail.

(7) In case of inter-provincial forest right disputes, both local parties should take the initiative to resolve them through consultation, or report to the higher government or relevant departments for mediation. Before the dispute is resolved, the status quo must be maintained, and no party may enter the disputed area to cut down trees or engage in capital construction or other production activities; It is also not allowed to issue forest right certificates, and all those that have been issued are invalid.

Once the two sides reach an agreement through consultation or the superior department mediates the ruling, there must be an agreement or ruling on drawing the mountain forest location map, and the county (city) people's government where the mountain forest is located will issue the mountain forest ownership certificate accordingly, and the two sides will jointly establish a permanent landmark.

(8) In areas where there are inter-provincial forest right disputes, both parties may, in accordance with the above-mentioned policy principles and combined with local actual conditions, negotiate and formulate bilateral provisions to resolve disputes. The agreement signed by both parties to the dispute through consultation according to their own actual conditions shall also be deemed valid.

The above policy principles are only applicable to inter-provincial forest right dispute mediation, and inter-provincial and inter-regional disputes are still handled according to their original regulations.

three

Inter-provincial forest right dispute mediation is a work with wide coverage and strong policy, so it is necessary to strengthen organizational leadership and adopt correct working methods. (Note: Inter-provincial forest right dispute mediation shall be implemented in accordance with the relevant provisions of1Forest Law of People's Republic of China (PRC) promulgated on September 20th, 984. )

(1) Insist on active consultation between the two sides, and the superior will help solve the grassroots disputes. Inter-provincial forest right disputes are actually disputes between grass-roots units in two provinces and one district, which should be mainly resolved through consultation between the two parties to the dispute. If the two sides fail to reach an agreement through repeated consultations, they shall be submitted to the county people's government or judicial organs for mediation; If the two counties can't really solve it, the provinces, autonomous regions or administrative offices and autonomous prefectures shall assist in handling it. If mediation at all levels cannot solve the problem, the provincial and district people's governments shall submit their specific opinions and plans on the dispute to the competent department of the State Council for coordination. If the coordination fails, the competent department shall put forward opinions and report them to the State Council for decision. All localities should pay attention to give full play to the role of inter-provincial forest protection joint defense organizations in mediation work.

(two) do a good job in the ideological work of cadres in disputed areas and strictly enforce the law and discipline. In the mediation work, the relevant leaders of both sides should take the overall situation into consideration, set an example, educate their own cadres, act in strict accordance with relevant state policies and laws, and resolutely oppose selfish departmentalism, anarchism and feudal clan ideology. Those who forge, tamper with evidence or deliberately create disputes or obstruct the settlement of disputes under other excuses should be dealt with severely. Those who are directly responsible for provoking fights, destroying forests and causing serious losses to people's lives and property should be investigated for responsibility, and those who violate the criminal law should be punished according to law.

(3) Strengthen organizational leadership. Most of the forest right disputes between provinces include administrative boundaries and other resource disputes, and some also involve ethnic relations. It is suggested that the people's governments of provinces and regions where there are many disputes over forest rights between provinces organize forestry, civil affairs, public security, justice, ethnic affairs and other relevant departments to coordinate their actions, do a good job in mediation and promote dispute resolution.

If there is nothing wrong with the above report, please forward it to all localities for compliance.