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人民法院对民事案件的裁定、判决或调解,经常涉及对土地使用权的查封或实体处理,实施方式是向国土部门送达协助执行通知书。对土地使用权的执行和协助执行,目前主要是依据《民事诉讼法》、《关于依法规范人民法院执行和国土资源房地产管理部门协助执行若干问题的通知》(以下简称《通知》)等法律法规进行操作。但在实践中,因法律法规的不尽完善,存在诸多操作上的问题。
The ruling, judgment or mediation of civil cases by the people’s court often involves the seizure or substantive treatment of the land use rights, by way of serving notice of assistance in execution to the land and resources department. At present, the implementation and enforcement of the right to land use are mainly based on laws and regulations such as the Civil Procedural Law, the Circular on Regulating the Implementation of People’s Courts according to Law and the Assisting and Execution of Some Issues Relating to the Real Estate Management Departments of Land and Resources (hereinafter referred to as the Circular) Operate. However, in practice, due to the imperfect laws and regulations, there are many operational problems.