Investigation on the trial of rural land contractual contract disputes since Xiushan Court since 2019

Investigation report on the trial of rural land contractual contract disputes since Xiushan Court since 2004

I. The basic situation and situation analysis of the trial of rural land contractual contract disputes since Xiushan Court since 2004
1. Basic situation of the case trial From January 1, 2004 to May 30 this year, Xiushan Court accepted 41 cases of rural land contractual contract disputes, including 10 contractual contract dispute cases and land contractual management rights infringement disputes. 4, land transfer management rights transfer disputes 4, land acquisition compensation fee distribution disputes 4, contracted land management rights inheritance disputes 1 piece. Xiushan Court has concluded a total of 33 cases and has not completed 8 cases. There were 18 judgments in the first instance, 9 cases in the mediation, 5 cases were allowed to be withdrawn, and 1 case was dismissed. There were 4 protest cases, of which 1 was maintained and 3 were changed.
2. Analysis of the situation (1) Types and proportions of cases: The land contractual management rights infringement disputes accounted for 53.6% of all cases, the household land contractual contract disputes accounted for 24.3%, the land acquisition compensation fee distribution disputes and the land contractual management ownership transfer disputes each accounted for 9.7%. The rest accounted for 2.7%.
(2) Analysis of the settlement of the case Among the 33 cases, 18 cases were decided, the judgment rate was 54.5%, 9 cases were settled by mediation, the mediation rate was 27.3%, 5 cases were withdrawn, the rate of withdrawal was 15.2%, and 1 case was dismissed. Accounted for 3%. Among the judgment cases, there were 13 non-response cases, the service rate was 72.2%, the protest cases were 5, the protest rate was 27.8%, the protests were maintained at one, the maintenance rate was 20%, and the change was 4, and the change rate was 80%.

Second, the problems and countermeasures in the trial of land contract cases
1. The confusion of judicial protection of the management rights of married women contracted land.
Article 30 of the Land Contract Law stipulates: "In the contract period, if a married woman marries and does not obtain a contracted land in the new place of residence, the contractor shall not recover its contracted land...". Article 54 of the Law stipulates: "If the contractor has one of the following acts, it shall bear the civil liability for stopping the infringement, returning the original, reverting the original condition, eliminating the nuisance, eliminating the hazard, compensating for the loss, etc., depriving and infringing women according to law. The right to land contractual management ...". The Land Contract Law clearly stipulates that women, as members of collective economic organizations, have equal rights to contract the land of the collective economic organization, and make special provisions on the protection of the land contractual management rights of married women, but there are still difficulties in practical operation. problem. For example, Li Yuexiang, Li Fengyin’s v. Zhuzhuyuan Group, the third person Li Zongwen’s land contractual dispute case, and Zhou Shiying’s and Wen’s fairy v. Liu Daiyun’s land contractual management rights division disputes all have difficulties in protection. Specifically, in the previous case, Li Yuexiang and Li Fengyin illegally adjusted the contracted land to the Li Zongwen in the second round of contracting by the Kuzhuyuan Group, requesting confirmation that the illegal adjustment of the land contractual contract signed by the Kuzhuyuan Group and the third party was invalid and returned. Contracted land. It was found by the court that Li Yuexiang was the father of Li Zongwen and Li Zongwen was the eldest brother of Li Fengyin. After he was married, Li Fengyin did not share the contracted land in his new place of residence and returned to his hometown to live. In the second round of land contracting in 1998, when the two plaintiffs were not at home, Li Zongwen contracted the land including the two plaintiffs on behalf of the whole family. Therefore, the court rejected the plaintiff’s claim and explained that Li Zongwen should be asked to allocate the contract. The ground can be. After the judgment came into effect, except for Li Yuexiang's contracted share of land, Li Zongwen and his support agreement, clarifying that the land was cultivated by Li Zongwen, Li Fengyin deserved the share of the contracted land, and it has not been resolved by the group, the village, and the government. Wen Meixian and Zhou Shiying v. Liu Daiyun's dispute over the division of land contractual management rights. In 1980, Zhou Shiying and Liu Daiyun remarried and did not hold a marriage certificate. Zhou and the female literary fairy and Liu Daiyun lived together. Zhou Shiying has not filed a divorce and asked to split his share of contracted land. Article 34 of the Supreme Court's Provisions on Several Issues Concerning the Trial of Cases Concerning Agricultural Contractual Dispute Cases stipulates: “The contractor is a husband and wife. When the marriage relationship is dissolved during the performance of the contract, the rights and obligations of the contracted operation are not reached. If both parties have the qualifications of the contracting business entity, the people's courts shall, in handling their divorce cases, divide their contractual management rights according to the family population, the support of the elderly, and the maintenance of minor children." This is the only judicial interpretation of the division of land contractual management rights. Zhou Shiying and Liu Daiyun are de facto marriages. Zhou did not advocate divorce. If the share of split contracted land is proposed, it is not subject to the provisions of the preceding provisions, and the objection to the interpretation is applicable. That is to say, if no divorce is proposed, the court will contract the contracted business of the husband and wife. The division of power is not treated. In other words, the division of contracted land has not been included in the court's case, and the court ruled that Zhou Shiying's lawsuit was dismissed. In the same way, Wenmeixian is the stepdaughter of Liu Daiyun. The first round of land contracting has been allocated a corresponding share of contract space in Liu's household. The second round of land contracting is the extension of the first round of land, and the text is married in the new residence. The land was not allocated to the contracted land, and in 1999, the cohabitation relationship with the "qifu" was lifted. The article asked the stepfather to fail to subcontract the land several times, and filed a complaint with the mother to the court, requesting the division of the contracted land. It was also because the dispute over the management of the split contracted land among family members was not included in the court's case, and the court also dismissed the lawsuit. And explain two points: First, if the contracted land of the article is still in the Liu Daiyun household, Wen can ask the contractor to independently contract the land, and the contractor will handle the procedure according to the “Land Contract Law”; second, the contractor In the second round of land contracting, the land was not adjusted, and the son of Liu Daiyun was married and separated into households. The share of Liu Jiangwen was distributed to his son, and his son separately applied for the rural land contract certificate. The text could be issued to the defendant, and the son of Liu was The third party, requesting confirmation, contracted the contracted share of the article to the third party and requested the return of the contracted land. However, there is doubt in the proposal. The text is to marry a woman, and Liu Daiyun is the head of the household. Only the head of the household can represent the contractor to confirm the lawsuit for adjusting the invalidation of the contracted land. Liu Daiyun adjusted the land to his son in the house, and he could not file a lawsuit. There are procedural obstacles in this kind of method. After the ruling in this case was dismissed, the problem of Wenmeixian requesting the corresponding share of the contracted land was also solved by the group, the neighborhood committee and the town government. So far, what is the way to realize the right to marry the woman contracted land?
The "Land Contract Law" protects the contractual management rights of married women's land, but the way to realize their rights is not extensive. The land of a woman's daughter is illegally adjusted. A household has confirmed that the contractor has signed a contract with a third party. In this case, the illegal adjustment of the contracting party is invalid and the land can be returned. This kind of problem has been solved. However, the two cases examined in this court lack legal norms and have not been resolved. The reason is that the trial system does not set an access system for disputes over the division of land contractual management rights, and it is not included in the court's case. Otherwise, the problem will be solved. If the right to land contractual management belongs to the nature of property rights, the property rights should be separable and included in the scope of the case. Why not? It only increased the workload of the court to a certain extent and expanded the scope of the case.
2. Judicial interpretation The provisions of the land contractual management rights of the farmers of different collective economic organizations are in conflict with the reality. Article 40 of the Land Contract Law stipulates: “The contractors may be the same for the convenience of farming or their respective needs. The land contractual management rights of collective economic organizations are exchanged.” This provision solves the problem of the management rights of interchangeable contracted land among farmers within the same collective economic organization. However, the law does not provide for the exchange of land contractual management rights between farmers in different collective economic organizations. It is only Article 15 of the Supreme Court's Provisions: “When the contractor transfers the contract, subcontracts or exchanges the contracted business, the land in violation of the Land Administration Law of the People's Republic of China on the collective ownership of the peasant is owned by a unit other than the collective economic organization or If the individual contracted to operate, it must be approved by more than two-thirds of the members of the village meeting or more than two-thirds of the village representatives, and the people's court shall determine that the transfer, subcontracting, and exchange activities are invalid. The regulations.
Our county is located at the junction of the three provinces of Hunan, Hunan and Anhui. Different collective economic organizations have the right to exchange contracted land management rights, often between groups, between villages, between towns, and even between provinces, for historical reasons. The geographical scope of the villagers' groups often cross each other, causing inconvenience to farmers to cultivate the land, and exchanging the contracted land can save the farmer's manpower and material resources to a certain extent and improve production efficiency. This is undoubtedly a good thing.
Once such disputes are brought to the court, the following problems will exist in the trial: First, the exchange of land farmers are not handled in accordance with the provisions of Article 15 of the Regulations, violating the provisions of Article 15; Second, “must pass the village meeting More than two-thirds of the members or two-thirds of the villagers’ representatives agree to report to the township people’s government for approval, either in advance consent or afterwards. In general, farmers in different groups exchange land contractual management rights. The team leader and other farmers generally do not object. Each farmer also believes that the exchange behavior of others has not harmed their own interests. After the dispute occurs, whether or not they agree to exchange may affect both parties. Relationship, do not express opinions. Is this class of exchange behavior invalid? It is difficult to handle. The court is reviewing the case of Wen Shaojun v. Zhou Shengxue and Zhou Yunbu confirming the invalidation of the contractual management rights swap agreement. The father of Wen Shaojun will build a 0.8 mu of land and a different group of defendants after the first round of contracting. In the exchange, the defendant bakes the wine in the exchange after the second round. When the second round is contracted, the land of the wine room is included in the plaintiff’s land contract management certificate. After that, the plaintiff goes out to work, and the defendant builds the house after the building formalities. The plaintiff is now requesting confirmation that the swap agreement is invalid. This exchange shall be in violation of Article 15 of the Regulations and shall confirm that the agreement is invalid and return to the contracted land. If the defendant’s building damage is caused by the fault of both parties, it shall be borne by both parties. If the referee is so, the defendant’s losses are huge, and the plaintiff is also facing difficulties in compensation.
The establishment of the legal system is to better protect the rights of right holders. In the case, the defendant’s behavior of building a house was approved by the group, the village, and the township. The corresponding formalities were handled and should be considered legal. The part of the building should be considered for non-return. The rest of the land should be returned. In the trial of the case, the above ideas were proposed for the study. However, the construction of the house was approved by the group leader and the village director of the exchanged land. The defendant built the house and took the financial resources of the whole family. According to the invalid treatment, the loss was huge, and even the conflict was intensified. The court must be between the two. Make a choice of referee.
In response to the problems existing in the case, and in conjunction with Article 15 of the Regulations, it is proposed to add: exchange of land between different collective economic organizations. If the legal representative of the collective economic organization agrees, it should be determined that the exchange is effective, but does not change the ownership of the land. nature. If it is necessary to change the nature of land ownership, it must be approved by more than two-thirds of the members of the village meeting or more than two-thirds of the representatives of the villagers. In this way, to facilitate the "circulation" of the land, safeguard the interests of both parties. Article 15 of the "Regulations" is too strict. None of the types of such disputes that have been tried have complied with the provisions, indicating that the provisions are not posted to the people's production and life. If the type of land exchanged is therefore invalid, it is clear that there are unstable factors in the system setting. If farmers want to comply with your regulations, they must be universally accepted by the people. Otherwise, the provisions of the regulations are ineffective. Only such disputes in disputes are subject to judicial adjustment. Such exchanges that exist in large numbers will continue. presence.
3. There are general problems in rural land contracting contracts.
There are more than 140,000 rural households in our county, and the proportion of disputes arising from rural land contract is extremely low. However, the problems in the rural land contract can not be ignored. Otherwise, it will exist for a long time, but it will only lead to disputes at different times. Specifically, the following general problems exist in rural land contracting contracts:
The first and first round of land contracting occurred in 1980 and 1981. Although it became history, at that time, China’s land contracting office was in the initial stage of exploration. A large number of rural households contracted in our county, no land contracted household inventory, no land contract .
Second, the second round of land contracting carried out in 1998, which occurred before the publication of the Land Contract Law, was essentially an extension of the first round of contracted land, a signed household land contract, and a symposium. The following questions were raised: 1 The contracting party is filled out by the staff of the village committee where the collective economic organization is located, and even the signature of the contractor is filled out by the staff; 2 When the second round of land contracting, the contracted land has undergone minor changes, such as The farmers in the first round of land contracting are now divided into two households. The land for the dead land, the marriage and the married population, and the newly added population are adjusted by the collective economic organization according to the policy provisions, but the contractor’s actual contracted land is lacking. Confirmation; 3 The second round of land contracting occurred in 1998. Our county took the start date of July 1 of the current year as the starting point of contracting. After completing the contract, the “Land Contracting Management Right Certificate” issued to the farmers was slow, and some The farmer only got the certificate after a few years; 4 the contract of the contract was not made by the farmer at the time when the contractor and the contractor entered into it, but in the land contract The contract of management right is attached to the contract. After the farmer holds the certificate, he knows the scope and rights and obligations of his contracted land. 5 The rural reserved land is not included in the contracted land contract area. The reserved land and the feed land are the large rural collectives. For each household, the first round of land contracting was not included in the contracting scope. The second round of land contracting was not issued as contracted land. There are a large number of disputes in rural areas, because there is no contract and no certificate, and such disputes are more difficult to deal with; 6 a small number of rural areas in our county have not signed the second round of land contract, and the “Rural Land Contract Management Right Certificate” has not been issued. The existence of the above factors will mean that rural land contract disputes still exist in large numbers, and the trial tasks of rural land contract dispute cases will be very arduous.
4. A large number of disputes over land acquisition compensation fees may occur in transit highways and other construction land acquisitions.
The expressway crossing section of the expressway from Chongqing to Changsha is 48 kilometers long. The land acquisition has been fully carried out, and the relevant departments are earnestly doing the compensation for land acquisition of the expressway. After the land acquisition compensation fee is implemented, disputes over the allocation of land acquisition compensation fees will be triggered among the farmers due to the contracted land, forest land, wasteland, forests, land reserved, and the unclear boundaries of the houses. Such disputes may even occur between the internal members of the farmers. It may also lead to administrative cases of land acquisition compensation.
Articles 22, 23, and 24 of the Supreme Court’s Interpretation on the Application of Laws Concerning the Trial of Cases Concerning Rural Land Contract Disputes clearly stipulate the nature of compensation fees for land acquisition, but it is difficult for government departments to The above provisions are implemented.
According to the spirit stipulated in the Interpretation, there are three compensation fees for land acquisition. First, the attachment fee and the compensation for young crops are compensation for the loss of the object. The compensation for young crops is only the actual input to the contractor or young crop, and the compensation for attachments. Replenishing the owner of the attached crop; Second, the resettlement compensation fee is the compensation for the contractor’s loss of the land contractual management right, and may be intercepted by the contractor; third, the land compensation fee is the compensation for the owner. For collectively owned land, the land compensation fee shall be vested in the collective. During the discussion, the participating comrades proposed such a situation: (1) Paying the compensation fee for land acquisition of the farmer, only the name of the land compensation fee, not divided into three levels according to the interpretation; 2 paying the land compensation fee to the farmer , whose contracted land is requisitioned, all the expenses incurred shall be attributed to the contractor of the requisitioned land. In the future, the collective economic organization may request the case that the land compensation fee is collectively owned; 3 double land or farmer land contract management There is a cross-section between the right certificate and the forest tenure certificate, and disputes arise when the land acquisition department makes compensation. Such disputes should be based on the clear ownership, which means that there is a government department to deal with the disputes over forest land rights and land use rights. After the contract of the contract has been decided by the court, the compensation for the land acquisition will be distributed.
The occurrence of disputes is often caused by non-compliance with norms and rules. The land acquisition department and farmers must widely publicize and learn policies, laws and interpretations before they can comply. Otherwise, disputes will arise. The court should strengthen communication with government departments, increase the intensity of interpretation and propaganda, and strive to prevent problems before they occur, and minimize disputes.
In the past few years, Xiushan Court has conscientiously implemented the spirit of the "Land Contract Law," "Regulations" and "Interpretation", fully utilized the judicial functions, disputes over rural land contractual contracts, land contractual management rights infringement disputes, contracted land transfer disputes and Cases such as land acquisition compensation disputes were actively intervened and adjusted, and the protection of land contractors’ rights, women’s land contractual management rights, and contractual management rights equally enjoyed by members of collective economic organizations were realized. There are not many cases and no experience, but there are many problems encountered in trial practice. Among them, the land for migrant workers has been recovered by the contractor, and now the farmers return to their hometowns. Generally, there are problems in the lawsuit, and the highest court, Xin Zhengyu There is no understanding of the statute of limitations, because there is no specific judicial interpretation, there are difficulties in the trial, and I will report it to the Supreme Court for judicial interpretation as soon as possible to facilitate the operation. This paper intends to put forward some ideas and methods to solve the problems encountered in the trial practice and some issues related to land contracting, and report to the High Court, hope to get a higher level of solution.