Investigation report on the trial of rural land contract dispute cases

Investigation report on the trial of rural land contract dispute cases

Abstract: The disputes over rural land issues have become a hot and difficult issue of common concern to the society. Based on the author's court's acceptance of rural land contractual contract disputes in recent years, this paper analyzes the types and causes of such cases in the author's area, and discusses the legal application and some specific problems in the trial of rural land contract disputes. And combined with some cases to put forward some thoughts and experiences.
Keywords: rural land contractual contract land contract management rights dispute

In recent years, with the continuous deepening of rural economic reforms, the number of cases involving disputes over rural land contractual management rights has increased, and the types of cases have become increasingly complex. Farmland contractual contract disputes have become the first of the three major agriculture-related cases. Behind these disputes are conflicts between various conflicts of interest and traditional ideas and modern civilization. Rural land disputes have become a hot and difficult issue for the community. Therefore, rational thinking about land contract disputes in judicial practice and conscientiously summarizing the trial experience of such cases are of great significance for safeguarding the fundamental interests of farmers, stabilizing rural communities, and building a harmonious society. Based on the author's court's acceptance of rural land contractual contract disputes in recent years, this paper analyzes the types and causes of such cases in the author's area, and discusses the legal application and some specific problems in the trial of rural land contract disputes. And based on some cases, I have raised some thoughts and experiences.
I. Basic situation of rural land contractual contract disputes
1. The total number of cases has increased significantly. According to the statistics of the cases accepted by the author's court in recent years, in 2004, our hospital accepted 4 cases of rural land contract disputes. In 2005, 18 cases were accepted. In 2006, only 23 cases were accepted in January-May. The proportion of rural land contracting cases in civil cases has also increased year by year.
2. Increase in class actions and similar litigation. Since the village organization contracted the collective land to others, the villagers sued, demanding confirmation that the contract was invalid, or requesting the contracted land to be re-issued. Such cases often have many plaintiffs, and it is easy to cause group petitions, and the courts are difficult to hear. In 2005, the hospital accepted the disputes between 78 farmers in the Renjia Village 3 of Shitan Township, Hechuan City, and the defendants Li Longfu and Renjiacun 3, respectively. In 2006, they respectively accepted 97 households in Renjia Village 1 to complain to the defendants Li Longfu and Ren Jiacun 1 97 households in the social and Renjiacun 5 community sued the defendants Li Longfu and Renjiacun 5 for two cases of the same type. In addition, in February 2006, the First People's Court of our hospital accepted 3 communities in Taiping Village, Yunmen Town, 5 communities in Jifu Village, 1 agency in Rengou Village and 1 community in Shuiyu Village respectively. The company has a total of 10 cases of the same type. Such disputes are mainly reflected in land contracting other than household contracting.
3. The village community has many defendants. Although there are disputes between farmers in the land contract contract disputes, there are also village groups suing villagers or farmers, but there are more cases in the village group as defendants. In the 18 rural land contractual contract disputes accepted by our hospital in 2005, there were 6 defendants in the village, with a high proportion of 33%. When the defendant raises the contracting fee standard unilaterally in the process of issuing the land, or because the land is multi-packaged, or because the land of the villager is recovered, or because the farmer transfers the contractual management right, the contract is issued separately. Among them, there are both illegal acts that deprive members of rural collective organizations of land management rights, as well as “legitimate” acts of implementing local policies and performing contractual contracts.
4. There is an increase in disputes over compensation fees for land acquisition or land lease. With the acceleration of the urbanization process, the land close to the towns has been requisitioned in large quantities, and how the land compensation fees are distributed fairly and fairly has become a matter of close concern for farmers. The distribution income disputes caused by land acquisition funds have become increasingly prominent. At the same time, many land contract dispute cases, on the surface, may be to continue to perform the contractual contract, or to request the return of contractual management rights, but the essence is to request the distribution of various compensation fees arising from the acquisition or lease of land. Due to the abundant natural resources in the jurisdiction of the court, in recent years, with the construction of Caojie Water Conservancy Project, Fujinba Hydropower Station, Xishi Yucai College, and some small and medium-sized cement plants and ore fields in the jurisdiction, a large number of disputes due to land acquisition compensation fees Or the allocation of land lease fees. Members of rural collective organizations that used to disregard and even give up land management rights because of their unprofitable land were suddenly cherished by their interests.
Second, the main types of rural land contractual contract disputes The rural land contract disputes accepted by the Court, mainly contract disputes and infringement disputes, generally have the following categories:
1. Confirm whether there is a dispute over the right to land contractual management. Mainly due to disputes caused by changes in the birth, death, marriage, agricultural conversion, and participation in work of members of the collective economic organization. Including: If there is no contracted land, whether there is land contractual management right; after marriage, if the account is not moved out, whether the land contractual management right should be retained; after death, whether the land contractual management right exists with the contracted land; after obtaining the contracted land, Ascending to school, entering the city, etc., the household registration is also moved out, whether the land contractual management right exists with the contracted land; the contracted land is automatically abandoned, and the business enterprise is entered into the city, but the account is still in place, and the land contractual management right exists.
2. Disputes over the transfer of management rights. Due to the introduction of the national “three rural” preferential policies, rural land has become more and more popular. Due to the incomplete and unsupported procedures for rural land transfer, land contracting disputes caused by irregular land transfer behavior frequently occurred. The first is subcontracting transfer disputes. Before the tax reform, the benefits of farming were not high. Some farmers gave the land to others for contracting, and the taxes and fees were also borne by the recipients. At present, not only the land tax is free, but the state also subsidizes the subsidy. The original contractor claimed that the subcontracting request was returned to the contracted place by the transferor, and the receiving household claimed that the transfer was unwilling to retreat, and the two parties had a dispute. The second is the dispute over generations. In the past, many peasants abandoned the wasteland, went out to work and do business, and did not bear taxes and fees. In order to prevent the taxation from falling, the village cadres will let other farmers substitute for farming and substituting for farming, and they will fulfill the tax and fee obligations, and the area of ​​cultivated land will be included in the taxable area of ​​the farmer. Now the original contractor has returned, and the founding farmer or the village group collectively demanded to recover their contracted land.
3. Disputes over the allocation of land compensation fees. As mentioned above, with the acceleration of urban development and construction and the rapid development of urban and rural construction, disputes over land acquisition or land lease compensation fees have increased year by year. It should be noted that such disputes include not only the contractor who has been expropriated according to law, but also the contractor who has received the compensation for all kinds of compensation fees, and also the disputes over the land compensation fees that the original land contractor has requested to return to the actual farmer. It also includes a surface protest. Please return to the land contractual management right. In essence, it is not possible to return the land compensation fee due to the return of the land. The first two cases are purely payment claims, while the latter need to first determine whether the plaintiff has the right to land contractual management and whether its contractual management rights have been violated.
4. Contractual contract disputes. First, the dispute caused by the contractor’s breach of contract. Including in the performance of the contractual contract, the contractor owes the contracting fee and the contractor arbitrarily changes the way the land is used. The former accounted for the vast majority of such disputes. Some of the contractors had opinions on the contractor’s performance of the contractual obligations. Some of them were unclear about the time limit for the contract to pay the contract fees, some were due to poor management, and some were deliberately not paying the contract fees. Second, the dispute caused by the contractor’s breach of contract. For example, in the term of the agricultural contract, the contractor will withdraw the farmer's contracted land at will. Such disputes are both breach of contract and infringement. Third, the contract was contracted to invalidate the interests of third parties outside the contract. The "Li Longfu" series of cases mentioned at the beginning of this article.
5. Infringement disputes over management rights. Illegally recover the contracted land for “agriculture to non-agriculture”. After the farmer enters the small town, the collective economic organization recovers its land. Infringe on the right to land contractual management enjoyed by women in accordance with the law. At the time of contracting, a discriminatory land contracting policy different from that of men was implemented for women; the contracted land for married women was forcibly recovered during the contract period. Force the contractor to transfer the land contractual management right. In order to engage in political achievements such as returning farmland to forests, the grass-roots government has given up the majority of forced contractors to abandon the land contractual management rights, and has forced the recovery of farmer contracted land, and the village community has organized other forms of contracting.
Third, the cause of rural land contractual contract disputes
1. Historical reasons have caused the current situation of rural land in China to be chaotic, which is the historical source of disputes. Since the founding of the People's Republic of China, China's land policy has undergone many changes and has been in a state of constant instability. In just over 50 years, it has experienced two major stages of peasant land ownership and collective ownership of land, which has led to great confusion in the relationship of rural land property rights. The land reform movement at the beginning of the founding of the People's Republic of China realized the "farmers have their fields" that Chinese peasants dreamed of, thus establishing the peasant land ownership system, followed by the mutual aid group movement. The primary cooperative movement began in 1953, and the peasants' land shares were collectively operated, 1956. The year rose to a senior cooperative, depriving the peasants of land ownership, and subsequently establishing a people's commune system throughout the country. Until the reform and opening up, the implementation of the household contract responsibility system and the separation of land ownership and management rights have become an important milestone in the evolution of China's rural land property rights system, achieving “collective public ownership and farmer management”. However, due to the limitation of the scope of management rights and the Chinese characteristics of "regardless of politics and agriculture," the farmers' autonomy in the implementation process is severely restricted. The historical reasons have caused the chaos of the status quo of rural land in China.
2. The uncoordinated connection between law and policy is the legal source of disputes. From January 1983, the Central Committee of the Communist Party of China issued "Several Issues Concerning Current Rural Economic Policies", to the "Law of Rural Land Contracting Law of the People's Republic of China" in March 2003 and the Supreme People's Court of July 2005 on the trial of disputes involving rural land contracting. The implementation of the interpretation of the applicable legal issues in the case, after more than 20 years of development, China has resolved the disputes arising from the contracting of agricultural land, and has relied mainly on policy adjustments to focus on policy adjustments and legal adjustments. It is a process of policy adjustment and legal adjustment that until now relies mainly on legal adjustment. The variability and flexibility of laws and policies are in conflict with the slow process and lag of land change. For example, after the implementation of the household contract responsibility system, China has promoted the “two-field system”. After the system was determined by the state to be detrimental to the long-term use of land, many regions are still actively implementing the policy. Out of touch with the law. In addition, the local implementation of policies, the inconsistency between the township regulations and the central government policy, sowed the seeds of contradiction in practice. For example, in Hechuan City, for the purpose of “improving land contracting and invigorating land contractual operation and use rights”, the No. 43 of the Joint Commission, No. 50 of the Joint Commission, and No. 28 of the Agricultural Commission, and all the second rounds of contracting in Hechuan City On the land use right certificate, the contractor has the right to take back the land under the circumstances of “agriculture to non-agriculture”, foreign marriage, and wasteland. This practice has long been banned by Guofa [1992] No. 52. Although the Rural Land Contracting Law and [2005] Act No. 6 have expanded the peasants’ land disposition rights, land contracting has remained unchanged for at least 30 years, but because of historical and policy reasons, the law and reality are out of touch, making good Legal policies cannot be actually operated benign. Since land policies have not been adjusted in time according to changes in national laws and central policies, land disputes such as illegally recovering farmers' land have been generated in large numbers. The words of the secretary of Da Miao Village, Caojie Town, Hechuan City, tell the truth and helplessness. "We strictly follow the government's regulations. Even if it is wrong, it is also the fault of the government."
3. The differentiation of farmers' interests is the structural source of disputes. With the continuous deepening of the reform of the rural economic system, the state and the government are gradually increasing investment in agriculture. The policies involving rural areas and agriculture are gradually tilting toward the interests of farmers. Therefore, the value of rural land has increased over a long period of time. Be inevitable. However, the contradiction between people and land in China is very prominent, so the dispute has its inevitable structural factors. In recent years, the price of land contracting has risen very sharply. In the past few years, the contract price of one mu of land was tens of yuan or even a dozen yuan, a few yuan, and now it has risen to a few hundred yuan per mu. When the land is not issued at the initial stage, there is no protest or wasteland development. No protests were raised. Later, after the development of land conditions became better or the prices of agricultural products planted increased, the land contractors gained greater benefits. The members of the village collective organizations in the land caused disputes due to psychological imbalances.
4. The misplacement of local government functions is the institutional root cause of disputes. In the period of social transformation, the phenomenon of misalignment of government functions and misconduct of behaviors has occurred from time to time. In the relationship between the government and the peasants, the performance is as follows: Some grassroots government behaviors are not standardized, and there are too many interventions for farmers' self-management rights. When they have the power to deal with rural specific contractual contracts, the interference with contracting contracts such as forests and ponds is particularly prominent. Even for the performance of political achievements, the peasants are forced to withdraw from the land they live in, occupying a large amount of cultivated land and farmland, and infringing on the peasants’ interests; some township governments are not in place, lacking the necessary administrative guidance of villages and town cadres, resulting in rural contractual contracts. Unnecessary mistakes in the establishment and performance and the issuance and management of land use certificates lead to disputes.
5. The weakening of social control at the grassroots level is the social root cause of disputes. During the period of social transformation, the human society gradually moved toward a rational society. From the dependence on people, it gradually turned to dependence on things. The sense of identity and belonging of people gradually faded, and the social control of grassroots organizations was obviously weakened. This is particularly prominent in rural areas. The grassroots organizations in rural areas are not self-disciplined, and the awareness of democracy and the legal system is weak. The behaviors that harm the interests of the people often occur, and the appeal, cohesiveness and persuasion of the people are greatly weakened. According to the survey, many disputes over the transfer of land use rights, the expropriation of agricultural land, and the distribution of rural collective economic income are all due to the fact that the major decisions implemented by the grassroots organizations in the village did not operate in accordance with the provisions of the Organic Law of the Villagers Committee. The way in which the General Assembly conducted democratic resolutions was jeopardized by the peasants’ democratic rights and property rights. Once the interests of the people are damaged, it is difficult to solve them in the regional organizations, and it has become a universal choice for people through legal channels.
4. The main problems and legal application in the disputes of rural land contracting contracts are based on the existing legal norms, including more general principles of civil law, contract law, rural land contracting law, judicial interpretation of the Supreme Court, and different periods of the central government. Rural policies, in addition, villagers' organization law, land law, agricultural law, inheritance law, guarantee law, marriage law and other norms are also involved. How to apply relevant norms in judicial adjudication and solve the problem of retroactivity to clarify the judicial confirmation of contract signing, performance, effectiveness determination, legal or reasonable behavior, dispute resolution, etc., to ensure the reasonable resolution of disputes is our Questions that need to be carefully studied. In line with the scientific attitude of respecting history and respecting reality, we should coordinate the conflicts that may arise in the application of law. In accordance with the law, reference policies, and in accordance with the spirit of the law, we aim to stabilize and promote development, and use them comprehensively. Various specifications.
1. About the scope of acceptance. Article 51 of the Law on Rural Land Contracting stipulates: "If a dispute arises over the contracting of land, ... can also be directly brought before the people's court." In order to further clarify the scope of acceptance of the people's court, [2005] Article 1 of Law The specific circumstances in which the court has jurisdiction are enumerated, and two types of situations that are not admissible are excluded. It can be seen that the breach of contract caused by contract breach or the infringement dispute caused by the infringement of others and the inheritance dispute of contractual management rights are suable, and the law has clearly stipulated.
However, the difficulty in trial practice is to confirm the issue of land contractual management rights. It has been concluded earlier that the dispute over whether or not to enjoy land contractual management rights is one of the main types of land contract disputes accepted by the court. It should be noted that such disputes often do not directly propose a confirmation, but rather a complaint for infringement. When the court hears the case, it is found that confirming whether the plaintiff has the right to contract management is the key to solving the case. The problem of confirmation of rights has caused problems in civil trials. The understanding among judges is not uniform, and the uncertainty of referees is highlighted. In practice, the land contractual management right of the parties is determined, and some are caused by the contradiction between the ownership certificate and the administrative registration or contracting contract, and some are caused by the membership of the collective organization. What should the court do with this type of dispute? One opinion is that a substantive examination of the certificate or contract or inventory registration or qualification should be carried out to confirm whether the plaintiff has the right to operate; one opinion is that the confirmation of the land contractual management right should be stipulated in Article 16 of the Land Administration Law. It can be resolved through administrative reconsideration or administrative litigation.
The author believes that for such cases that require the recognition of the right to contractual management, the court can accept the case and cannot generalize. From the spirit of the speech by the Vice President of the Supreme Court, Huang Songyou, at the press conference on [2005] Acts No. 6, the substantive meaning of judicial interpretation should contain two meanings, that is, there is no management right and the original right to operate. There were two situations in which disputes later occurred. For those parties who have never had the right to contractual management, if they file a lawsuit that substantially confirms the right to operate, the provisions of Article 16 of the Land Administration Law and the first paragraph of Article 1 of the Judicial Interpretation shall be applied, and the lawsuit shall not be accepted or rejected. . The People's Court shall accept the case that the contractual management right has been previously enjoyed, but whether the management right is still retained due to various reasons such as the move of the household, the marriage, and the adjustment of the land.
2. The legal ownership of rural land contractual management rights.
Regarding the legal attributes of land contractual management rights, there have been two disputes between the theory of property rights and the theory of credit rights in the academic session, as well as in judicial practice. The property right said that the "Land Contracting Law" protects the land contractual management right as an absolute right, that is, the property right; the creditor said that the contract of the joint production is a creditor relationship. At present, the classification of land contractual management rights into the category of usufructuary rights is the mainstream view. "This is a new type of usufructuary right." First, from the perspective of the usufructuary right, it is generally considered to be the dominance of the use value of the object, and the main purpose of the land contractual management right is more important in terms of its social security value, so that the contractor may lose the source of life. The contractual management right should be absolutely protected; secondly, from the perspective of power, generally speaking, the usufructuary right does not include the right to dispose of the object. As the land contractual management right, except for the land purchase right, the other powers are almost equivalent. In terms of ownership; third, from the perspective of the independence of rights, the contractual management rights are separated from the form of rights establishment; fourth, this right has certain personal dependence. 1 Land contractual management rights on the one hand reflect the operation of collective land, on the other hand reflect the distribution of land interests by farmers. We believe that the definition of property rights can better protect the interests of contractors. However, in the trial of disputes involving land contractual management rights, the contract law and property rights adjustment should be applied. The first is to distinguish between household contracting and other forms of contracting. The property contracted land shall be protected by property rights, and the land contractual management right shall remain unchanged for at least 30 years. The contractor shall not adjust the contracted land except during the contract period. The contractor shall not recover the contracted land. The contents of the contractual management right shall be transferred and transferred according to law. The exchange of shares and shares shall be clearly stipulated by the law, and the parties shall not change them through the contract. Therefore, for illegally reclaiming land that has been moved into a small town or a land for labor and a married woman, the defendant’s defense of the right to terminate the contract cannot counter the property rights of the land contractual management right. As for other forms of contracting, the contractor’s subject qualification is not restricted because it does not involve the content of the membership. The rights and obligations between the parties should be adjusted by the contract. Of course, if the parties are willing to make their contractual management rights a long-term stable property right, they can set the property rights through registration. The second is to distinguish between contractual relations and transfer

1 Li Chunlin et al.: Research on the Legal Application of Rural Land Contractual Dispute Cases, China Court Network.
Package relationship. The land contractual relationship has a long term and should be stable. Therefore, it should be materialized. However, for the subcontracting relationship, in general, the set subcontracting period is short, and there is no need to make it a property right. This relationship can be regarded as a simple debt relationship. In short, the protection of contractual management rights is mainly based on the relief of property rights, but the remedy of the contract is also an important way to protect its interests.
3. The effectiveness of contractual contracts in other ways. In judicial practice, since contracts contracted in other ways often occur between the contractor and the personnel outside the village, and most or all members of the rural collective organization are interested, the contractor or most villagers request confirmation of the validity of the contract, or The validity of the contract needs to be confirmed in the trial of the relevant case. For such contracts, the above arguments have been clarified in the property rights attribute argumentation of family contract management rights, which should be subject to contract law and creditor theory adjustment.
Our country's laws stipulate the principle of democratic agreement on important contracting matters. According to Article 14(2) and Article 15 of the Land Administration Law, Article 19, paragraph 2, item of the Organic Law of Villagers' Committee, Land Contract Law Article 18, paragraph 2, Article 27, paragraph 2, Article 48, paragraph 1, if the contractor violates the above mandatory provisions, and the power is issued, the people's court shall determine that the contract is invalid [2005] Act 6 Although the number does not involve the villagers' request to confirm the invalidity of the contract, Articles 2 and 25 of the 1999 Supreme Court Regulations on Several Issues Concerning the Trial of Agricultural Contractual Contract Disputes stipulate that the contract shall be signed for one year or not. One year, but the contractor has actually made a large amount of investment, the people's court does not invalidate the contract due to the democratic agreement principle of the contractor's violation of the law, and confirms that the contract is invalid. Therefore, according to the provisions of the current law and judicial interpretation, we believe that, in principle, as long as the form of the contract is legal, the validity of the contract should be determined. In particular, the village committee that acts as the contractor generally does not support the invalidity of the contract. Secondly, due to the violation of the principle of democratic agreement, the villagers’ group claims that the contract signed by the village committee and others is invalid. If the contractor has made a large amount of investment and planted for more than one year, it will not be supported in principle; if the contractor has planted less than one year, In principle, it is considered invalid; if the investment is not large, it can be properly compensated; if there is a large amount of investment, it is mainly for the contracting fee, and if necessary, the contracting period is adjusted. After confirming that the contract is valid, if the contractor advocates an increase in the contracting fee, the principle of fairness and the principle of changing the situation may be introduced as appropriate.
V. Reflections on the trial of rural contract disputes and the realization of land issues are the core of China's agricultural, rural and peasant issues. Proper handling of disputes over rural land contractual management rights requires us to continuously summarize trial practices, give full play to legal wisdom, and explore more sophisticated trial techniques. Here, through several cases examined by the court, the author talks about some experiences.
1. Questions concerning the application of evidence in the trial of the case. Common evidences in such cases are the following: rural land contract management certificate, contract, land inventory, payment bills, transfer agreements, village committee certificates and witness testimony. However, most of these evidences have problems such as ambiguity and contradictory evidence. When identifying evidence, each individual evidence should be placed in the context of all evidence to examine its authenticity, legitimacy and relevance to the case and the supporting role of the evidence. It is forbidden to ignore other evidence by a single evidence. Determine the facts of the case. What is to be emphasized here is the investigation and evidence collection work of the judge. Under the premise of not violating the relevant provisions of the Evidence Regulations, the necessary investigations should be conducted in accordance with the authority. In short, as far as possible, the evidence is used in accordance with the objective reality. In the case of Wu Youjian's farmer appealing to Tang Xiaoyi, the judge visited the disputed land on the spot, visited the village committee and the public, and finally restored the basic facts of the case. The issue of responsibility naturally comes to the fore. This requires us to conduct a more targeted exploration of the theory of civil evidence on the basis of the Supreme People's Court's "Several Provisions on Evidence in Civil Litigation".
2. Issues concerning the protection of women's legitimate rights and interests. Judging from our investigations, the current problem of rural women’s land contractual management rights has occurred from time to time. However, based on traditional moral concepts and farmers’ legal awareness, as well as people’s vague understanding of villager autonomy, this phenomenon has not changed. Even women themselves feel "taken for granted" of such violations. In addition, women's awareness of self-protection is not strong. From the relevant cases accepted by the court, there is only one case for litigation due to the recovery of the contracted land for married women. With regard to the protection of women’s land contracting rights, the land contracting law has been regulated as an important issue. Article 30 of the Law on the Protection of Women's Rights and Interests also has clear provisions. However, these national laws protecting women's land contracting rights are also seriously challenged by “civil law” in many places. Even some local governments have issued policies based on “invigorating land management and use rights” that are contrary to national laws and central policies. Therefore, as the last barrier to safeguarding justice, the judiciary needs to make efforts to protect the legitimate rights and interests of women in the judicial field.
3. The issue of interpretation rights. The acceptance of the case shows that in some cases of land contract disputes, the plaintiff was finally dismissed because of the lack of certain litigation skills. Combined with Qing Mingyun of the court, v. 2, Shajin Village, Taihe Town, Hechuan. It should be said that the court's decision is correct, but whether it has reached the end of the case is worth exploring. In this case, the essence of the plaintiff’s lawsuit is to require the payment of land acquisition compensation fees. According to Article 33 of the Land Contract Law and the central government's "land transfer must adhere to the principle of law, voluntariness and compensation", it is possible to claim certain land compensation funds. If, in the trial, the court can fully exercise the right of interpretation and inform the parties to change the claim, the plaintiff’s purpose can be achieved. For many cases where the request to continue to perform the contract, the court should also exercise the obligation to explain if it cannot be supported. Even if the parties disagree with the change after the interpretation, they need to dismiss the claim, and they should also inform the loss part of the litigation in the judgment section. In some cases, the parties may not be able to grasp the relevant legal relationship well, but the purpose of his litigation should be clear. If the law is applied mechanically in the judicial process, it may not produce good social effects.
4. Introduce the principle of changing the situation. Introduce the principle of changing the situation, respect history, face reality, define the rights and obligations of the parties fairly, and enhance the social effects of the trial. In the rural environment, before 2000, the land was unprofitable. Farmers who chose to stay in the village to continue farming, especially those who contracted others to waste land, not only contributed to food production and protection of cultivated land, but also assumed Additional obligations and risks, if they do not consider their interests, are neither fair nor in line with the principle of “equal risk and return” and “consistent rights and obligations”. Therefore, the contract caused by historical reasons or policy reasons cannot be declared invalid by simply signing the contract not fully complying with the law and the imbalance of rights and obligations, resulting in high-cost after-treatment work, which should promote production and convenience. The principle of implementation is to maintain the status quo of land investment without interruption or damage to land production. In order to relieve the imbalance of rights and obligations in the contract, the fairness principle in the contract law is applied, and the situation can be changed to the reason, the contract period is adjusted, and the amount of the contract is changed to resolve the contradiction and eliminate the dispute. In the trial of the Li Longfu series of cases, the Court used the principle of change of situation very well. On the basis of fairness, it not only took care of the huge investment that the defendant had made and the status of the land has been planted, thus maintaining the effectiveness of the contract. Taking into account the loss of village land, the contracting fee will be increased, and the national welfare policy will be implemented to the villagers.
5. Focus on mediation. In rural relative cities, the social structure is relatively stable. Most of the farmers in the same village are separated from each other or are neighbors for several generations. Therefore, mediation work is more conducive to resolve conflicts and calm disputes. In the process of handling, it is advisable to insist on mediation leading litigation, do more persuasive education and guide the work, and strive for the parties to jointly seek solutions to disputes in friendly negotiations and equal negotiations. We can give full play to the educational and guiding role of the excellent traditional culture in rural areas, and use the strengths of the old elders, old party members, and veteran cadres to participate in supporting mediation and resolve disputes with flexible and effective measures. In addition, in the face of some group litigation cases, there is an urgent need to resolve sharp realities. In addition, in the trial of relevant cases, it should also carry out multi-faceted communication and coordination with government departments, and strive to use various forces to resolve various types of land contract disputes and promote social harmony. In judicial practice, litigation mediation has shown its unique trial effect and social effects in solving rural land disputes.