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Hello. If the issuance of the land contracting and operation right certificate is a specific administrative act carried out by the administrative entity, and if the act of the administrative organ has caused damage to the legitimate rights and interests of your mother, you may file an administrative reconsideration or administrative lawsuit in accordance with the law to revoke the land contracting and operation right certificate made illegally. Hope the above helps.
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If it is forged, it must be illegal.
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Of course it's illegal!
A lot of cases.
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In accordance with Article 1 of the "Rural Land Contracting Law of the People's Republic of China", in order to stabilize and improve the rural land contracting relationship, safeguard the land contracting and management rights obtained by the contracting party in accordance with the law, and strengthen the management of rural land contracting and operation certificates, the "Rural Lianghui Land Contracting Law of the People's Republic of China" is formulated.
Article 2: Rural land contracting and management rights certificates are legal documents that the State lawfully confirms that the contracting party enjoys the right to contract and operate land after the rural land contracting contract takes effect.
Rural land contracting and operation certificates are only available to the contractor.
Legal basis. Article 1 of the Rural Land Contracting Law of the People's Republic of China is formulated on the basis of the "Rural Land Contracting Law of the People's Republic of China" in order to stabilize and improve the rural land contracting relationship, safeguard the land contracting and management rights obtained by the contracting party in accordance with the law, and strengthen the management of rural land contracting and operation certificates.
Article 2 of the Rural Land Contracting Law of the People's Republic of China The rural land contracting and management right certificate is a legal document for the State to confirm the contracting party's enjoyment of the land contracting and management right after the rural land contracting contract takes effect.
Rural land contracting and operation certificates are only available to the contractor.
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Legal Analysis: It's just a general civil contract fraud.
Legal basis: Civil Code of the People's Republic of China
Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.
Article 146:Civil juristic acts where the actor and counterpart use false intent to express the actual chain are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the provisions of the relevant laws.
Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.
Article 154:Civil juristic acts where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.
Article 505: The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter VI of Part 1 of this Law and the relevant provisions of this Part, and the invalidity of the contract shall not be confirmed solely on the basis of exceeding the scope of business.
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Falsification of contracts is legally a crime of contract fraud. The crime of contract fraud refers to the use of deceptive means such as fabricating facts or concealing the truth to defraud the other party's property for the purpose of illegal possession, in the process of signing or performing a contract, and the amount is relatively large.
Article 24 of the Law of the People's Republic of China on Criminal Macro Files, in any of the following circumstances, in the course of signing or performing a contract, for the purpose of illegal possession, defrauds the other party's property, and the amount is relatively large, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property: (1) signing a contract with a fictitious unit or fraudulently using the name of another person; (2) Using forged, altered, or invalid bills or other false property rights certificates as security; (3) Where there is no actual ability to perform in a disorderly manner, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract; (4) Fleeing after receiving goods, payment, advance payment or secured property from the other party; (5) Using other methods to defraud the other party's property.
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