How to deal with disputes over land contracting and management rights

First agreement, if the agreement is not reached, it can be resolved by the court!

Legal analysis: How to deal with disputes over land contracting and management rights shall be handled separately according to the circumstances not listed in the book

1) Where the contract-issuing party does not issue a separate contract for the contracted land, and the contractor requests the return of the contracted land, it shall be supported;

2) Where the contract-issuing party has already separately awarded the contracted land to a third party, and the contractor takes the contract-issuing party and the third party as co-defendants, and requests that the contracted contract signed by the contract be confirmed to be invalid, that the contracted land be returned to the state, and that the losses be compensated, it shall be supported. However, where it is a situation where the contracting party abandons farmland or abandons wasteland, its litigation request for compensation for losses is not supported.

Legal basis: "Full Text of the Judicial Interpretation of the Rural Land Contract Law" Article 6: Disputes arising from the contract-issuing party's illegal repossession or adjustment of the contracted land, or the contract-issuing party's repossession of the contracted land abandoned or abandoned by the contractor, shall be handled separately in accordance with the following circumstances:

1) Where the contract-issuing party does not issue a separate contract for the contracted land, and the contractor requests the return of the contracted land, it shall be supported;

2) Where the contract-issuing party has already separately awarded the contracted land to a third party, and the contracting party takes the contract-issuing party and the third party as co-defendants, and requests that the contracted contract signed by the contract be confirmed to be invalid, the contracted land returned, and the losses compensated, it shall be supported. However, where it is a situation where the contractor abandons farmland or abandons wasteland, its litigation request for compensation for losses is not supported.

Where a third party referred to in item (2) of the preceding paragraph requests the beneficiary to compensate for its reasonable investment in filial piety on the contracted land, it shall be supported.

The dispute over the infringement of land contracting and management rights shall be resolved as follows: the parties may resolve it through negotiation; The parties who cannot reach an agreement through negotiation can resolve the dispute through mediation and reputation; If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration; If they are not satisfied with the arbitration result, they may directly file a lawsuit with the people's court.

[Legal basis].

Article 55 of the Rural Land Contract Law provides that if a dispute arises due to land contracting and operation, the parties may resolve it through negotiation, or may request mediation by the villagers' committee or the township people. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

According to the relevant provisions of the Rural Land Contracting Law, China's rural land contracting and management rights are mainly divided into two types: household contracting and other contracting methods, among which the rural land contracting and management rights in the form of household contracting and the rural households in the collective economic organization belong to a kind of family management rights, and according to the relevant provisions of the inheritance section of the Civil Code of China, inheritance is the personal legal property left by Yuan Fenghao when a citizen dies, while the rural land contracting and management rights do not belong to personal property, so there is no inheritance problem.

This type of business is demanding on the lawyer and requires a lot of care and patience. Domestic disputes are relatively good, such as lawyer Xu Baotong in Shanghai and lawyer Quan Jinzhi in Shenji Fanzhen, their lawyer team is good at hail cover in this regard, and their reputation and ability are very good.

1) Reconciliation. Settlement refers to the negotiation between the two parties to the dispute without the participation of a third party.

2) Mediation. Mediation refers to a method of persuading the parties to exchange opinions, mutual understanding and mutual concession under the auspices and guidance of a third party, so as to resolve disputes according to certain legal norms.

3) Arbitration. If the parties settle and the mediation fails, or they are unwilling to settle or mediate, they may apply to the Rural Land Contract Arbitration Commission for arbitration.

4) Litigation. Litigation refers to the activities of the people's courts, with the participation of the parties and other litigation participants, to resolve disputes over land contracting and operation between the parties in accordance with the law, in accordance with the procedures and requirements prescribed by law.

The acceptance of litigation for land contracting and management rights is as follows: the parties apply to the people's court where the land is located to file a case with their identity documents, land contracting contracts, land contracting and management right certificates, and the complaint of the poor team, and the court examines and issues a notice of acceptance of the case if it meets the requirements for filing a lawsuit, and notifies both parties to accept the case.

[Legal basis].Article 122 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record and inform the other party of the tenant.

Article 126.

In cases that are decided to be accepted, the people's courts shall inform the parties of the relevant procedural rights and obligations in the notice of acceptance of the case and the notice to respond to the lawsuit, or give them an oral notice.

The specific handling method is as follows: negotiation settlement, and the parties can negotiate to resolve the dispute. If a settlement can be negotiated, a settlement agreement can be reached and a written agreement can be signed.

Sue the court, and if it cannot be resolved through negotiation, you can file a lawsuit with the people's court. Disputes over land contracting and management rights shall be litigated in the basic level people's courts, and the county-level people's courts have jurisdiction.

The specific handling method is as follows: settlement through negotiation, and the parties can resolve the dispute through negotiation. If a settlement can be negotiated, a settlement agreement can be reached and a written agreement can be signed.

Sue the court, if it is not possible to negotiate a settlement based on the number of bases, you can file a lawsuit with the people's court. Disputes over land contracting and management rights shall be litigated in the basic level people's courts, and the county-level people's courts have jurisdiction.

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Legal basis: Article 55 of the Rural Land Contracting Law of the People's Republic of China or if a dispute arises due to land contracting and operation before the dust cluster, the parties can resolve it through negotiation, or they can ask the villagers committee and the township (town) people to mediate. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.