Relevant legal provisions for land contract disputes

In order to correctly and timely adjudicate cases of agricultural contract disputes, (Fa Shi 1999 No. 15) Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Agricultural Contract Dispute Cases (Provisional) (Adopted at the 1066th meeting of the Adjudication Committee of the Supreme People's Court on June 5, 1999, promulgated by the Supreme People's Court on June 28, 1999, and effective as of July 8, 1999.) )

These Provisions are formulated on the basis of the provisions of relevant laws, regulations, and policies, and in conjunction with trial practice, so as to correctly and promptly hear cases of disputes over agricultural contracts, to protect the lawful rights and interests of the parties, to promote the continuous improvement and development of the two-tier management system based on household contract management and combining unified and decentralized operations, to ensure the continuous deepening of the reform of the rural economic system, and to maintain the sustained and stable development of agriculture and the rural economy.

The handling department of land contract disputes is the ** land management department or the judicial department. According to Article 16 of the Land Management Law, disputes over land ownership and use rights shall be settled by the parties through negotiation; If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use. Article 16 of the Land Management Law Disputes over land ownership and use rights shall be resolved through negotiation between the parties; If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level. Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

Legal analysis: A land contract is an agreement between the employer and the contractor on the relationship of land rights and obligations. During the term of the land contract, if the contractor changes the use of the land without permission or fails to pay the land rent as agreed, the contract issuing party may file a lawsuit against the contractor in accordance with the land contract agreement signed by both parties and require it to bear the liability for breach of contract; Similarly, if the employer forcibly interferes with the contractor's autonomy in production and operation or forcibly reclaims the land, the contractor may also protect its rights through litigation.

The two parties to the land contract are equal subjects, and in the event of a dispute, they may first mediate, and if the two parties cannot reach an agreement, they may also invite the people's mediation committee or other institutions to assist in mediation. In the event that mediation fails, if there is an agreement on the dispute resolution method in the contract, the settlement method can be selected according to the agreement; If there is no agreement on the relevant matters, it can be resolved by litigation.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations due to property and personal relationships.

Civil Code of the People's Republic of China Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations by the early seller does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

First, at the present stage, China's rural land is under collective ownership, and in essence, this collective ownership system is a kind of community ownership, and the right to contract land management is a right enjoyed by peasants in accordance with the law based on their specific status as collective members. Without the consent of the peasant collective, members outside the community do not enjoy the right to contract and manage rural land, so the right to contract and manage land is a right that is inseparable from the membership of the peasant community, and it is a kind of personal right. Only when community members have obtained the right to contract and manage land can they reflect their status as landowners to a certain extent.

Second, with the deepening of the reform of the rural economic system, the evolution of rural land contract management rights has occurred in a general significance, which is mainly manifested in the following: the contract management right holder has the right to directly occupy, use, benefit and dispose of the contracted land, and the land contract management right has increasingly become the property right basis for rural households to transfer, lease, subcontract, and buy shares, so as to have the general power of real rights. Since China's relevant laws do not have specific and explicit provisions on land contracting and management rights, and peasants' land subcontracting, transferring, leasing, mortgaging, and shareholding lack the necessary legal basis, the land contracting and management rights are not completely self-real rights.

The Land Management Law clearly stipulates that "the land contract period shall be extended by 30 years", so that the term of China's land contract management rights has exceeded the maximum lease period of 20 years stipulated in the General Creditor's Rights Law.

1. Whether the statute of limitations applies to land contract disputes.

The statute of limitations should still apply for the time being.

Since the right to contract and operate land has the nature of a creditor's right, it is necessary to apply the statute of limitations, so as to promote the timely exercise of power by the holder of the right to contract and operate the land, and avoid the long-term disconnection between the legal relationship of rights and obligations and the actual relationship of interests, so as to stabilize the social order. At the same time, it also reduces the cost of proof in litigation, thereby reducing the cost of litigation. This creditor's right attribute is the decisive factor for the application of the statute of limitations in theory, and is also the basis for the application of the statute of limitations in judicial practice.

Of course, in judicial practice, because many areas have not signed a written land contract contract, it is difficult to determine the starting point of the statute of limitations for the infringement of land contract and management rights, etc., which is not conducive to protecting the legitimate rights of land contract and management rights holders. However, when the land contract management right is fully realized, the owner of the land contract and management right can use the protection method of the property right to exercise the right of claim in rem, which can avoid this situation that is unfavorable to the owner of the land contract and management right, because the right of claim in rem is usually applicable to various continuing infringements such as the right to contract and manage land. However, this is subject to more explicit provisions in the law, and at present, it is still appropriate to apply the statute of limitations to disputes over land contracting and management rights.

Legal analysis: During the contract period, if the cultivated land and grassland contracted between individual farmers need to be appropriately adjusted due to special circumstances such as serious damage to the contracted land due to natural disasters, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization, and shall be reported to the township (town) people** and county-level people** for approval by the competent departments of agriculture and rural affairs, forestry and grassland. Where it is stipulated in the contract that adjustments must not be made, follow those provisions.

Legal basis: Article 23 of the Land Contract Law of the People's Republic of China states that the contract shall take effect from the date of establishment. The contracting party shall obtain the right to contract and operate the land when the contract takes effect.

1. What is the method of resolving disputes over land contracting and operation contracts?

The settlement of disputes over rural land contracting and operation follows the principle of "rural mediation, county-level arbitration, and judicial guarantee". After a dispute occurs, the parties may settle on their own, or they may request the villagers' committee, township people's ** and other organizations to mediate. If the conciliation or mediation fails or is unwilling to reconcile or mediate, they may apply to the county rural land contract arbitration commission for arbitration, or they may directly file a lawsuit with the people's court.

II. What is included in the scope of mediation and arbitration of land contracting and operation disputes?

1. Disputes arising from the conclusion, performance, modification, rescission and termination of rural land contracts;

2. Disputes arising from the subcontracting, leasing, swapping, transfer, and shareholding of rural land contracting and management rights;

3. Disputes arising from the resumption and adjustment of the 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;

6. Other disputes over rural land contracting and operation as stipulated 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 Rural Land Contract Arbitration Commission, and may be resolved through administrative reconsideration or litigation.

III. The conditions that shall be met when applying for arbitration of land contracting and operation disputes.

1. The applicant has a direct interest in the disputer;

2. There is a clear respondent;

3. There are specific arbitration claims, facts and reasons;

4. It is within the scope of acceptance by the Rural Land Contract Arbitration Commission.

4. How to determine the parties to the arbitration.

Article 6 of the Rules for the Arbitration of Rural Land Contracting and Operation Disputes stipulates that the applicant and the respondent in the arbitration of rural land contracting and operation disputes shall be the parties to the arbitration.

5. The consequences of breach of contract in the operation of the land contractor.

1. If there is an agreement on the amount of liquidated damages in the land contract, such agreement shall prevail, but the agreed liquidated damages shall not exceed 30% of the actual losses caused by the breach of contract;

2. If there is no agreement on the amount of liquidated damages in the land contract, the actual losses caused by the breach of contract shall prevail and the liquidated damages shall be paid. Article 577 of the Civil Code provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

When we have a dispute in the land contract operation, the first thing is to seek legal help, not to punch and kick.

Article 13 of the Land Administration Law stipulates that the contract issuing party and the contracting party shall conclude a contract in accordance with the law, stipulating the rights and obligations of both parties. Units and individuals who have contracted the land of the Aoqin Camp shall have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.

In the event of a dispute arising from a rural land contract: (1) the two parties shall first settle it through negotiation between the two parties; (2) It is also possible to request the villagers' committee, township (town) people, etc. to mediate to resolve the ethnic dispute; (3) If the negotiation or mediation with the imitator fails, it may apply for arbitration or directly file a lawsuit with the people's court. 2. Legal basis:

Article 55 of the Rural Land Contract Law of the People's Republic of China.