How to deal with disputes over rural land use rights?

Article 16 of the Land Administration Law of the People's Republic of China stipulates that land disputes can be settled by the parties through consultation. Negotiations must follow the following principles: 1. Voluntary. That is, the two sides are willing to negotiate and reach an agreement. Neither party, whether it is a unit or an individual, is allowed to impose its will on the other party. No unit or individual may illegally interfere. 2. legal. The agreement reached by both parties must be legal, and shall not violate national laws and regulations, and shall not harm the public interests and the legitimate rights and interests of others. This method is suitable for disputes over land ownership and use right caused by unclear land ownership, unclear scope and unmarked land boundary. After consultation, both parties shall sign the ownership boundary agreement. Both parties to the dispute shall submit it to the land and resources management department of the local people's government for examination and filing. If the parties to administrative mediation fail to negotiate, they shall apply to the administrative department of land and resources of the people's government for mediation. The administrative departments of land and resources shall conduct mediation on the basis of equality and voluntariness of both parties. When mediating, we should do this: 1. Find out the facts, distinguish right from wrong, and clarify responsibilities. 2. Persuade patiently in accordance with laws, regulations and policies, and explain the interests. 3. It should comply with laws and regulations and be principled and flexible. 4. Strive for the cooperation and support of relevant departments. The agreement reached voluntarily by the parties under the auspices of the administrative department of land and resources shall be examined and agreed by the administrative department of land and resources and sealed by both parties. Once the mediation document is served on the parties, it will take legal effect and become the basis for both parties to fulfill the law. If the parties are unwilling to mediate or refuse to accept mediation, or repent before the mediation agreement is served after mediation is established, they may directly request the people's government to deal with it according to law. You can't have your own feelings during mediation, you can't make a decision without adjustment, and you can make a decision for a long time. The longer the mediation time, the more trouble and passivity it will bring to the administrative department of land and resources. When administrative mediation fails, it is necessary to enter the processing stage in time. The people's government's handling of the people's government is called administrative handling. Article 16 of the Land Management Law stipulates that disputes between units shall be handled by people's governments at or above the county level; Disputes between individuals and between individuals and units shall be handled by people's governments at or above the township level. Land disputes handled by township people's governments are mainly land ownership disputes in which one or both parties are individuals. The scope of the dispute is small, the number is small, and the situation is not too complicated. In order to solve land disputes in time and facilitate the masses, such disputes should be handled by township people's governments. However, if the situation is complicated and the ownership dispute has a great influence, registration and certification will be involved after handling. Because the township people's government has no right to register and issue certificates, it should be handled by the county people's government. However, the people's governments at the township level can undertake the acceptance work. Administrative treatment is a form of arbitration, which can be carried out with reference to the relevant provisions of the Arbitration Law. The administrative department of land and resources shall handle the case in accordance with the procedures stipulated in the Measures for the Investigation and Handling of Land Ownership Disputes of the Ministry of Land and Resources. First, it shall carefully review the application, defense and relevant evidential materials submitted by both parties to the dispute. Investigate facts, verify evidence, consult relevant historical materials and original vouchers, and may ask relevant departments to assist in the investigation or on-site investigation. After the basic facts of the dispute are investigated clearly, a decision shall be made according to the relevant laws and regulations on land management. After settlement, a land dispute settlement decision shall be made, and the following items shall be stated: 1. Names and addresses of the applicant and the respondent, and names and positions of agents and representatives. 2 reasons for application, disputed facts and requirements. 3. Deal with the facts, reasons and applicable laws identified. 4. Processing results. 5. Remedial measures for treatment, etc. When dealing with land disputes, the administrative departments of land and resources shall pay attention to the examination of the application form and relevant evidential materials submitted by the applicant. If the following problems are found, the accepting organ shall make a written notice of rejection according to law within 7 working days after receiving the application form: 1. The applicant has no direct interest in the disputed land. 2. The specific requirements of the application do not meet the legal requirements. 3. There is no specific processing request and factual basis. There are 4 cases of administrative boundary disputes, land violation cases and rural land contractual management rights disputes accepted as disputes. If the accepting organ finds that the above problems still enter the processing procedure, it may put itself in an embarrassing position. If the specific case-handling personnel have an interest with the parties concerned, they should withdraw as soon as possible. If a party refuses to accept the decision on handling a land dispute, he may bring a suit in a people's court within 30 days from the date of receiving the decision, or bring an administrative reconsideration to the people's government at a higher level within 60 days. The right of action is one of the basic rights of citizens. Any unit or individual has the right to request the state to protect the legitimate land use rights when they are infringed. As a method to deal with land disputes, litigation has three forms, namely, civil litigation, administrative litigation and criminal litigation. Civil litigation of land disputes. Infringement as stipulated in the Land Administration Law is a civil action if there is no serious personal accident and no serious damage to life and property. Although this kind of civil litigation cases have been mediated by the land administrative department, this kind of behavior is carried out at the request of one or both parties. The land administrative department is only a mediator, not a participant or related person in the lawsuit, so it does not participate in the lawsuit. The litigants are still both parties to the original dispute. The purpose of administrative handling of such cases by land administrative departments is to solve land disputes faster and better, reduce litigation, protect the legitimate rights and interests of the parties in time and calm down the troubles. Administrative litigation of land disputes. If both parties to a land dispute are dissatisfied with the handling by the people's government, they may bring an administrative lawsuit to the people's court within 30 days from the date of receiving the decision on handling, that is, the party who refuses to accept the handling is the plaintiff and the people's government is the defendant. The Supreme People's Court's "Notice on Accepting Real Estate Cases" stipulates that citizens, legal persons or other organizations may bring an administrative lawsuit to the people's court according to law if they are dissatisfied with the decision of the people's government or its competent department on land ownership or use right, or with the decision of administrative punishment made by the people's government or its competent department on real estate issues, and the administrative court of the people's court where the real estate is located shall accept it according to law. Article 16 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China stipulates: "Rural land contract operators and other land-use rights holders may file a lawsuit in their own name if they are not satisfied with the administrative organ's action to dispose of the rural collectively owned land they use."