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林地权属纠纷比较复杂,特别是省际、地区际和县际权属纠纷处理的难度更大。审理林地权属纠纷案件应掌握的基本原则是:以宪法和民事法律规范为依据,以1981年定权发证确定的权属为准;定权发证发生争执的,以1962年“四固定’(编者注:“四固定”内容见本刊第六期“四固定的由来及作用”)时确定的权属为准;“四固定”未确定权属的,参照合作化和土地改革时确定的权属;同时,要维护由于体制的变动或其他原因,经协商确定、政府处理决定或人民法院裁决的权属合法变动,本着有利于生产生活,有利于经营管理发展林业,有利于团结的原则,坚决维护林地国有和集体所有制。
The ownership dispute of forest land is more complicated, especially the interprovincial, inter-county and inter-county ownership disputes are more difficult to deal with. The basic principle that should be grasped when hearing the dispute about the ownership of forestland is that based on the constitutional and civil law norms, '(Editor's Note: “four fixed” see the sixth issue of this issue, “four fixed the origin and role”) to determine the ownership shall prevail; “four fixed” not determined ownership, with reference to the cooperation and land reform At the same time, to maintain due to changes in the system or other reasons, determined through consultation, the government decided to deal with decisions or people's court ruled that the ownership of a legitimate change, in favor of production and life, is conducive to the management of forestry development, is conducive to Unity principle, resolutely safeguard the forest state-owned and collective ownership.