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Anonymous users2024-02-07Collect evidence, report to the police or prosecute for resolution.
Rural Land Contract Law of the People's Republic of China
Article 9: The State protects the lawful rights and interests of collective land owners and protects the contracting party's right to contract and operate land, and must not be infringed upon by any organization or individual.
Article 53: Where any organization or individual infringes upon the contracting party's right to contract and operate land, it shall bear civil liability.
Article 54: Where the contract-issuing party commits any of the following acts, it shall bear civil liability such as stopping the infringement, returning the original property, restoring the original state, removing the obstruction, eliminating the danger, and compensating for losses
1) Interfering with the contractor's lawful autonomy in production and operation;
2) Violating the provisions of this Law to recover or adjust the contracted land;
3) Forcing or obstructing the contracting party to carry out the transfer of land contracting and management rights;
4) Carrying out the transfer of land contracting and management rights under the pretext that the minority obeys the majority and compels the contracting party to give up or change the land contracting and management rights;
5) Recovering the contracted land for bidding and contracting on the grounds of dividing "ration fields" and "responsibility fields";
6) Recover the arrears of the contracted land;
7) Depriving or infringing on women's lawful rights to contract and manage land;
8) Other acts that infringe on land contracting and management rights.
Tort Liability Law of the People's Republic of China
Article 2: Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law.
"Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.
Article 3: The infringed party has the right to request that the infringer bear the tort liability.
Article 4: Where the infringer shall bear administrative or criminal responsibility for the same conduct, it does not affect the tort liability in accordance with law.
Where tort liability, administrative liability, or criminal liability shall be borne for the same act, and the infringer's property is insufficient to pay, the tort liability shall be borne first.
Article 5: Where other laws have other special provisions on tort liability, follow those provisions.
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Anonymous users2024-02-06If it occupies you, see if it can divide the bonus, and if it occupies yours, there is no dividend. Then submit it to his previous department. It won't work out after a while.
Then send it to the news and attract social attention. The more attention is paid to it, the faster the efficiency of the relevant departments will be.
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Anonymous users2024-02-05Legal analysis: You can apply to the superior department for administrative reconsideration or file a lawsuit with the court to protect your legitimate rights and interests. In the absence of the peasants' signature, if the land is forcibly expropriated and collected, the expropriation is not legal.
The expropriation of land shall be compensated according to the original use of the expropriated land, and the land compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.
Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where the State expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with the procedures for blocking and determining. If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders.
Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing. The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.
After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.
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Anonymous users2024-02-04In the event of a dispute arising from land contracting, the parties may resolve it through negotiation, or may request mediation by the villagers' committee or the township (town) 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.
Legal basis: Rural Land Contract Law of the People's Republic of China
Article 9: The State protects the lawful rights and interests of collective land owners and protects the contracting party's right to contract and operate land, and no organization or individual may infringe upon it.
Article 53: Where any organization or individual infringes upon the contracting party's right to contract and operate land, it shall bear civil liability.
Article 54: Where the contract-issuing party commits any of the following acts, it shall bear civil liability such as stopping the infringement, returning the original property, restoring the original state, removing the obstruction, eliminating the danger, and compensating for losses
1) Interfering with the contractor's lawful right to independently file and travel for production and operation;
2) Violating the provisions of this Law to recover or adjust the contracted land;
3) Forcing or obstructing the contracting party to carry out the transfer of land contracting and management rights;
4) Carrying out the transfer of land contracting and management rights under the pretext that the minority obeys the majority and compels the contracting party to give up or change the land contracting and management rights;
5) Recovering the contracted land for bidding and contracting on the grounds of dividing "ration fields" and "responsibility fields";
6) Recover the arrears of the contracted land;
7) Depriving or infringing on women's lawful rights to contract and manage land;
8) Other acts that infringe on land contracting and management rights.
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Anonymous users2024-02-03Paragraph 2 of Article 18 of Article 4 of Qinglu: Land expropriation shall be paid in full and in a timely manner in accordance with the law, as well as compensation fees for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers shall be arranged.
According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.
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