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Must a case of land confirmation be subject to administrative reconsideration before it can be litigated?

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Must a case of land confirmation be subject to administrative reconsideration before it can be litigated?


        

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  • 2024-06-12 21:00:57

    Must a case of land confirmation be subject to administrative reconsideration before it can be litigated?
    The case of land ownership confirmation does not have to go through administrative reconsideration before litigation, because Article 16 of the Land Administration Law of the People's Republic of China stipulates that "disputes over land ownership and use rights shall be settled through consultation by the parties concerned; if consultation fails, the people's government shall handle them. If a party refuses to accept the decision of the people's government concerned, he may bring a suit in a people's court within 30 days of receiving the notification of the decision. " This can be litigated without administrative reconsideration. Administrative Reconsideration Law of the People's Republic of China The first paragraph of Article 30 stipulates that: "If a citizen, legal person or other organization considers that the specific administrative act of an administrative organ infringes on the ownership or right to use of natural resources such as land, mineral resources, water flows, forests, mountains, grasslands, unreclaimed land, beaches and sea areas that it has acquired according to law, it shall first apply for administrative reconsideration. If it is not satisfied with the decision of administrative reconsideration, it may bring an administrative lawsuit to the people's court according to law." This can only be litigated after administrative reconsideration.

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