Case Concerning Litigation Supervision of the Right to Use Homestead Land of Zhi X Lan vs. the Natural Resources and Planning Bureau of X City in Shandong Province
(SPP Guiding Case No. 207)
Key words
Supervision of final administrative judgments; Registration of the right to use homestead land; Legal interest; Protection of the right to sue; Administrative protest
Summary
Where an individual who is not a member of the relevant village collective economic organization occupies rural homestead land on the basis of inheritance and joint acquisition of house ownership with members of that collective economic organization, and the real estate registration authority, acting upon an application by members of the rural collective economic organization, issues a collective land-use certificate that infringes on the individual's lawful rights and interests, that individual shall be regarded as an interested party as provided by law. Where a final administrative ruling of a people's court dismisses the individual's lawsuit on the ground that the individual is not a member of the collective economic organization to which the land belongs and is therefore not entitled to the right to use homestead land, the people's procuratorate shall exercise supervision in accordance with the law.
Relevant provisions
Article 25 (1) of the Administrative Procedure Law of the People's Republic of China
Article 1 of the Provisions of the Supreme People's Court on Several Issues Involving Administrative Cases Involving Rural Collective Land
The Opinions on Certain Issues Concerning the Confirmation, Registration, and Certification of Rural Collective Land Rights of the Ministry of Land and Resources, the Office of the Central Leading Group for Rural Work, Ministry of Finance, and Ministry of Agriculture
