Case Concerning Litigation Supervision of Administrative Ruling regarding Forest and Mountain Land Ownership and Administrative Reconsideration of Villagers' Groups of Village X vs. the People's Government of X County and the People's Government of X City in Hunan Province
(SPP Guiding Case No. 234)
Key words
Supervision of final administrative judgments; Administrative adjudication; forest land ownership; Investigation and verification; New evidence; Procuratorial protest
Summary
In handling administrative litigation supervision cases involving forest land ownership disputes, the people's procuratorates shall examine whether the evidence of forest land ownership provided by the disputing parties sufficiently supports their respective claims. Where an administrative adjudication on forest land ownership made by the people's government is factually unclear or lacks sufficient evidence, and a final judgment of the people's court upholds such administrative adjudication, the people's procuratorate shall conduct investigation and verification in accordance with the law. If new evidence demonstrates that the final judgment is clearly erroneous, the people's procuratorate shall exercise supervision in accordance with the law.
Relevant provisions
Article 91 of the Administrative Procedure Law of the People's Republic of China
Articles 58, 59, and 60 of the Rules for the Supervision of Administrative Proceedings by the People's Procuratorates
Article 63 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Proceedings
Articles 1, 3, 4, 6, 7, 8, 9, 10, 11, and 12 of the Measures for the Handling of Forest Land and Tree Ownership Disputes (Promulgated by Decree No. 10 of the Ministry of Forestry of the People's Republic of China on October 14, 1996)
Articles 2 and 21 of the Measures for the Investigation and Handling of Disputes over Land Title (Promulgated by Decree No. 17 of the Ministry of Land and Resources on January 3, 2003) (now Articles 2 and 21 in Rev. 2010)
