Shi Long answered: In practice, there are often cases in which the parties claim land rights with the "Land Ownership Certificate" and the "Land and Real Estate Ownership Certificate" issued by the people in the 50s. In dealing with such cases, it is not possible to simply affirm or deny the validity of the above-mentioned documentary evidence and to confirm the ownership of land rights on this basis, but to take into account the historical evolution of land rights.
Since the fifties of the last century, China's land ownership system has undergone a series of evolutionary processes, with rural land changing from private ownership to collective ownership, and urban land changing from private ownership to state ownership. Therefore, before the public ownership of land in the fifties, the relevant people issued a large number of "land ownership certificates" and "land ownership certificates" are valid legal certificates, after the completion of land ownership transformation, the original "land ownership certificate" and "land ownership certificate" on land ownership content has no legal basis, can not be used as a legal certificate of land ownership. If it is agricultural land or unused land, the land ownership belongs to the farmer collective, and if it belongs to the self-reserved land or self-cultivated mountain allocated by the collective, the land use right belongs to the farmer; For other agricultural land, the right to contract and operate the land shall be confirmed in accordance with the land contract. Other persons shall not claim land ownership, land use rights or contract management rights with the "Land Ownership Certificate" and "Land Property Ownership Certificate" they hold; If it is used for construction land, if it is the holder of the "Land Ownership Certificate" and the "Land and Real Estate Ownership Certificate" that have been used until now, the right to use the construction land shall be confirmed in accordance with the law; If the holder of the "Land Ownership Certificate" and the "Land Property Ownership Certificate" have not been used, but are approved by the people in accordance with the law, the land use right should belong to the current user, and the holder of the "Land Ownership Certificate" and "Land Property Ownership Certificate" claim the right to use the land, should not be supported.
In addition, in the early nineties of the last century, China carried out a comprehensive census and registration and issuance of certificates for construction land, especially homestead houses and land, and almost all old certificates were withdrawn or invalidated, and replaced by county, district-level people's ** real estate integration one certificate or real estate certificate, land certificate two certificates. Except for special circumstances, such as ownership disputes, personnel serving prison sentences, historical problems, etc., the "Land Ownership Certificate" and "Land and Real Estate Ownership Certificate" for construction land in the 50s cannot be renewed or recovered, and the rest should hold new certificates. Of course, we should respect history, and if the certificate has not been renewed for various reasons, the legal ownership will be determined if the facts are true. 