1 rural land disputes
For a long time, China's research on land law and land rights and the summary of judicial practice experience are not enough, and there are few writings on land rights, especially the compilation of typical cases and judgments on land rights disputes. Although before and after the promulgation and implementation of the Property Law, China strengthened the research on property rights, and also published many books on property rights, land rights and related civil and commercial disputes. However, they are only a part of land rights, or just simple reading materials about land rights disputes. Most of the selected cases are not representative, divorced from real social life and judicial practice, and the breadth and depth of land rights disputes involved are insufficient, so people cannot get authoritative and pertinent answers and appropriate guidance from them. Therefore, strictly speaking, there is still a lack of authoritative selection of typical cases of land rights disputes and books on referee guidance in China. This is seriously out of proportion to the status of land rights as the most important property rights of the people and land rights disputes as one of the most important cases in China. This is a great pity! The publication of this book tries to fill this gap.
2. Ways to deal with rural land disputes
1. The invalid award of land exchange shall be returned.
2. Going back to work in my hometown without signing a land contract was refuted.
3. Is it protected by national laws to subcontract the subcontracted land to a third party without authorization?
4. Adjudication of rural land contract dispute cases in Jiutai City, Jilin Province
5. There are "preconditions" for whether the contracted land will stay or not.
6. Award of the Arbitration Commission for Rural Land Contract Disputes in Pengxi County, Sichuan Province on the case of Liang Dunguang and Liang Dungang in Majiagou Village, Gaoping Town.
7. Village Committee of Outpost Village, Luoting Town, Lijin County, Dongying City, Shandong Province v. Shao Yunyong and Cui.
8. The appellant Liao Shenhua and the appellee Liao rural land contract dispute case.
9. Economic Society of Changmei Village Committee, xinqiao town, Wenchang City, Hainan Province v. Zhou.
10, the contractor has the right to reclaim the land for farming.
1 1. The contractor has the right to take back the contracted cultivated land.
12. Orchards can be subcontracted with compensation during the contract period.
13, a rare land contract dispute case
14, Xiang Huijin v. People's Government of Pengkou Town, Liancheng County, Fujian Province (case of infringement of land contractual management right)
15, Chen Xiaozhu won the case of land contract dispute.
16, the land contract is invalid, who will bear the responsibility?
17. Disputes over land contracting rights in "rural to non-agricultural"
18. Does the plaintiff in this case have the right to contracted management of land?
19, the conflict between law and custom from a land acquisition dispute
20. Ten lawsuits caused by land disputes.
2 1, dispute over agricultural contract between Lu Zhaoru, Lunjiao Street, Shunde District, Foshan City and Shixiacun Stock Cooperative.
22. Analysis of a rural land contract dispute case.
Release date: June 2 1, 2004 Source: Farmers Daily Author: Zhang Aimin.
A few days ago, the Arbitration Committee of Rural Land Contract Disputes in Fengxian County, Jiangsu Province ruled that the contracted land of eight farmers, including Shi Shuhua and Zhang, should be restored to its original state and returned.
1994, Shi Shuhua, as a family contractor, signed a land contract with the village committee of the employer, and obtained the land contractual management right of village west 127 meters, north and south 14.2 meters, with an area of 2.62 mu, which has been used in agricultural production and operation.
On April 6, 2004, the county government reissued the Certificate of Rural Collective Land Contracted Management Right for Shi Shuhua, which indicated that the certificate was valid until August 3, 2027. Later, Shi Shuhua obtained 0.5 1 mu of agricultural production land, covering two plots.
In July 2003, eight people, including Shi Shuhua and Zhang, reached an oral agreement on their own, and the 3. 13 mu of contracted land operated by Shi Shuhua in the village was to be used by nine farmers, including Shi Shuhua, but the building procedures were not completed. Moreover, the oral agreement reached by Shi and Zhang and other 8 households was reported to the employer for the record without the consent of the village Committee. However, after the agreement was reached, eight farmers, including Zhang Aiduo, carried out production and operation on Shi Shuhua's land. Shi Shuhua asked for the return of her contracted land and compensation for the loss of 300 yuan, but failed, so she applied to the county rural land contract dispute arbitration committee.
3. Rural land dispute mediation cases
After finding out the above facts through trial, Fengxian Rural Land Contract Dispute Arbitration Court held that Shi Shuhua had the legal management right to the contracted land of 3. 13 mu obtained according to law and should be protected by law. Eight farmers, including Shi Shuhua and Zhang, verbally exchanged contracted land in order to change the purpose of land contracting. The transfer behavior violated the law and the agreement was invalid. Although the applicant Shi Shuhua has the right to claim her legal contractual management right, as one of the nine households planning to build a house, she is also at fault and should bear certain responsibilities. Zhang and others have no right to occupy or force others to transfer the contracted management right of land obtained according to law, and the contracted land occupied and used by them shall be restored to its original state and returned according to law.
Therefore, Fengxian Rural Land Contract Dispute Arbitration Commission ruled that the respondent should restore the contracted land exchanged with the applicant to its original state within seven days after the ruling came into effect, and the applicant's claim for compensation was not supported.
Working without signing a land contract and returning to my hometown was refuted. Release date: June 22nd, 2005 Source: China Agricultural Economic Information Network.
Two farmers did not sign a land contract with the village committee in the second round of land contract of 1998 because they went out to work. This year, they returned to their hometown to ask for continued land contracting, but failed, so they took the village committees of their respective villages to court. Recently, the Harbin Intermediate People's Court made a judgment and rejected their claims.
Dong and Sun are villagers in Fushan Village and Xinxing Village, Yanshou County, Harbin respectively. Because of going out to work, I didn't sign a land contract with the village Committee in the second round of land contract of 1998. At the beginning of 2004, the two returned to their hometown and asked to continue to contract land. However, at this time, the land they originally contracted has already been subcontracted to others. Dong and Sun took their village committee to court and demanded that the village committee return their land contractual management right. After trial, the court of first instance held that Dong and Sun did not sign a land contract with the village committee in the second round of land contract, and the two sides did not form a relationship of rights and obligations. When they go out to work and return to their hometown to ask for land contract, they should adjust from the existing floating land through democratic consultation, and their appeal was rejected. The two refused to accept the appeal and appealed to the Harbin Intermediate People's Court.
After hearing the case, the Harbin Intermediate People's Court sentenced the two cases in court, upheld the first-instance judgment and rejected their appeals. Is it protected by national laws to subcontract the subcontracted land to a third party without authorization?
Arbitration Letter of Arbitration Committee of Rural Land Contract Disputes in Gongjing District, Zigong City (2005) Gongjing TuzaiziNo.. (1) Applicant: Yu Baihai Gender: Male Age: 63 years old.
Occupation: address of farmer: Group 3, Shizhao Village, Wubao Town, Gongjing District Applicant: Zeng Zhiliang Gender: Male Age: 35 Occupation: address of farmer:
Group 2, Shizhao Village, Wubao Town, Gongjing District
On August 20, 2005, the applicant Yu Baihai applied to the Arbitration Committee of Land Contract Disputes in Gongjing District of Zigong City for arbitration of land transfer disputes. After examination, the Arbitration Commission decided to accept the case.
Applicant's reason: 8 people from my family contracted 6.374 mu of land to Wubao Town, Gongjing District from June 196 to August 3 1 according to Shi Cun Group 3. On August 5, 2000, Yu Baihai signed a land subcontract with Zeng Zhiliang without the consent of the whole family's land contractor. Later, Zeng Zhiliang planted grapes on the subcontracted land, and some land was poorly managed and abandoned, resulting in a large number of soil erosion, which led to unclear boundaries and addresses of subcontracted land and serious decline in land quality. Moreover, Zeng Zhiliang subcontracted the subcontracted land to a third person without filing with the land contracting party and the rural agricultural contract management department, and charged a land subcontracting fee of 100 yuan for each contracted land. The 6.374 mu of land contracted by the applicant belongs to the national basic farmland. Over the past year, due to Zeng Zhiliang's above-mentioned behavior, the applicant demanded to recover the subcontracted land, and Zeng Zhiliang ignored the laws, policies and contract provisions. Forced action without facing up to the changes in objective reality leads to disputes. After many mediations in towns and villages, we applied for arbitration to the Arbitration Committee of Land Contract Disputes in Gongjing District, Zigong City.