What is the cause of action for disputes over the contracting and operation of rural farms?

I bought the chicks in Zhenjiang City, Jiangsu Province, and the company undertook the whole process of feed, but did not fulfill the contract, and I want to sue.

Legal Analysis: The methods of handling disputes over rural land contracts include: negotiation, mediation, arbitration and litigation.

In the case of a contract dispute, the contract issuing party and the contracting party shall be the parties. The term "contracting party" as used in the preceding paragraph refers to rural households that contract the rural land of their collective economic organizations in the form of household contracting, as well as units or individuals that contract rural land in other ways.

Legal basis: Arbitration Rules for Disputes over Rural Land Contracting

Article 3: The parties to the following rural land contracting and operation disputes may apply to the Rural Land Contracting and Operation Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) for arbitration: (1) Disputes arising from the conclusion, performance, modification, dissolution and termination of rural land contracting contracts; (2) Disputes arising from the subcontracting, leasing, swapping, transfer, or shareholding of rural land contracting and management rights; (3) Disputes arising from the resumption or adjustment of contracted land; (4) Disputes arising from the confirmation of rural land contracting and management rights; (5) Disputes arising from infringement of rural land contracting and management rights; (Liunachang) other disputes over rural land contracting and operation as provided for by laws and regulations. Disputes arising from the expropriation of collectively owned land and its compensation are not within the scope of acceptance by the arbitration commission, and can be resolved through administrative reconsideration or litigation.

Article 4 The arbitration commission shall be established in accordance with law, and its daily work shall be undertaken by the local rural land contracting management department.

Disputes over rural land contracting and management rights are different from land ownership disputes, and disputes over rural land contracting and management rights are regulated by the Rural Land Contracting Law of the People's Republic of China and its relevant regulations, rules and judicial interpretations. Land ownership disputes are regulated by the Land Management Law of the People's Republic of China and its related provisions, and the procedures for handling land ownership disputes are: first settled by the parties through negotiation; If the negotiation fails, the application shall be handled by the people; Those who are dissatisfied with the people's decision may file an administrative lawsuit with the court in accordance with law.

Article 51 of the Rural Land Contract Law of the People's Republic of China stipulates: "If a dispute arises due to land contracting, the parties may resolve it through negotiation, or they may request the villagers' committee or 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.

Litigation here refers to civil litigation, and the court should clearly review the validity of the land contract in accordance with the relevant legal provisions to determine the ownership of the land contract management right. Article 1 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Rural Land Contracting stipulates that: "The following civil disputes involving rural land contracting shall be accepted by the people's courts in accordance with law:

1) Disputes over contracting contracts;

2) Disputes over infringement of contracted management rights;

3) Disputes over the transfer and merger of contracted management rights;

4) Disputes over the distribution of compensation fees for expropriation of contracted land;

5) Disputes over the inheritance of contracted management rights. Where members of collective economic organizations initiate civil litigation because they have not actually obtained the right to contract and operate land, the people's court shall inform them to apply to the relevant administrative departments for resolution. "In the application of this provision, if a party sues a lawsuit that meets the five circumstances provided for in the first paragraph, the people's court shall accept it as a civil case.

Only on the premise that the provisions of the first paragraph are not complied with, and a member of a collective economic organization initiates a civil lawsuit because he has not actually obtained the right to contract and operate land, the people's court shall inform him to resolve it with the relevant administrative department. In trial practice, some people believe that because the parties have not actually cultivated the land, they have not actually obtained the right to contract and operate the land, and they tell them to settle the matter with the relevant administrative departments, and the court should not accept it as a civil case. The author believes that this view is incorrect, and whether or not to obtain the right to contract and operate land should also be premised on the land contract.

The writing of the reply to the rural land contract dispute shall include the following contents: 1the circumstances of the parties; Indicate the name, gender, date of birth, ethnicity, place of origin, occupation and address of the respondent and the respondent in turn.

If the respondent has a litigant or a client, his identity should also be clearly stated. 2.Cause of action and claims, replies or refutations to plaintiffs' claims.

3.the facts and reasons for the defence, including the factual basis; relevant evidence; Legal basis. 4.

Bearing the litigation costs of the case. 5.Respondent's signature and date.

1. How to sue the homeowner for water leakage upstairs.

Contents of the Civil Complaint:

1) Title. 2) Basic information such as the body of the person participating in the lawsuit. If the plaintiff is a citizen, indicate name, gender, age, ethnicity, place of origin, occupation, place of work, and address.

If the plaintiff is a minor under the age of 18, the name of the legal person and the relationship with the plaintiff must be indicated. If the plaintiff is an organ, group, enterprise, public institution, or company, the plaintiff shall write the name and address of the unit. Write the name and position of the legal representative on the next line, and the legal representative should be the main person in charge of the unit.

Whether the plaintiff is a citizen or a legal person, if there is a client, the name, position and relationship between the client and the plaintiff should be clearly stated in the next item of the plaintiff. The matters and writing of the defendant's column are the same as those of the plaintiff's column.

3) Litigation claims. It mainly states the specific issues related to the civil rights and interests dispute requested by the plaintiff in accordance with the law.

4) Facts and Reasons. This section is generally written first with the facts and then the reasons. The facts mainly state the specific facts of the defendant's infringement or the specific content of the dispute between the parties, as well as the responsibilities that the defendant should bear.

After the facts are clearly written, provide sufficient human, physical, documentary and other evidence sufficient to prove that the plaintiff's lawsuit is justified.

5) The name of the people's court to which the complaint was submitted.

6) The signature or seal of the person carrying the complaint, and indicate the date, month and date of submission of the complaint.

7) Appendix. The number of copies of the complaint, the name of the physical evidence, and the name and address of the person in the case shall be indicated in turn.

2. What should be seen in the reply to the state compensation reconsideration.

The contents of the reply after the reconsideration of state compensation:

1. The respondent's identification information, including name, gender, address, **.

2. The identity information of the entrusting person, including name, gender, address, etc.

3. The specific cause of action of the defense and the opinions of the defense.

4. The name of the people's court is stated at the end of the reply, and the signature or seal of the respondent and the legal person shall be prepared.

Article 330 of the Civil Code of the People's Republic of China provides that rural collective economic organizations shall implement a two-tier management system based on household contract management and combining centralized and decentralized operations. Cultivated land, forest land, grassland, and other land used for agriculture owned by peasant collectives and owned by the state and used by peasant collectives shall be subject to the land contract management system in accordance with the law.

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The following is an illegal case of a dispute over a farm transfer contract: [Case Name] Civil Judgment of a Municipal People's Court [Basic Information of the Case] The contract signed by Party A and Party B for the transfer of the farm caused a dispute, and Party A requested to revoke the contract and return the payment. 【Case trial process】After the trial of this case, the court held that the farm transfer contract violated the provisions of national laws and regulations, so the contract was invalid, and Party B was required to return the payment paid by Party A, and bear the relevant liability for breach of contract and compensation.

Case Judgment Result] Party B was dissatisfied with the judgment and appealed. After the trial, the court of second instance upheld the judgment of first instance and ordered Party B to return the payment to Party A, compensate Party A for the losses suffered thereby, and bear the liability for breach of contract. 【Significance of the case】This case shows that the farm transfer contract needs to comply with the provisions of national laws and regulations, otherwise it will be determined that the trapped roll is invalid.

In addition, this case also emphasizes that both parties to the contract need to fulfill the principle of good faith, otherwise they will bear the corresponding liability for breach of contract and compensation.