Rural Land Circulation Disputes 50, Rural Land Circulation Disputes

The current Rural Land Contracting Law and the Administrative Measures for the Circulation of Rural Land Contracting and Management Rights require that rural land contracting and management rights can be transferred; The transferee of the transfer may be a contracted farmer, or other organizations and individuals permitted to engage in agricultural production and operation in accordance with relevant laws and relevant provisions, and shall have the ability to operate in agriculture; After circulation, the land is used for agriculture; The transfer shall be signed by the transferor and the transferee in writing, and the contract shall take effect on the date of signing the contract between the two parties; Circulation may apply for registration with local people** at or above the county level, and without registration, it must not be confronted against a bona fide third party.

However, the above two laws and regulations were promulgated and implemented after 1992 and cannot be applied to the acts of 1992, and there are no clear laws and regulations on the circulation of rural land contract management rights in 1992, so there are no laws and regulations that can be applied to the circulation of rural land in 1992.

Therefore, the basic principles of civil law can be applied to characterize the circulation behavior. The basic principles of civil law include fairness, equality, voluntariness, good faith, and equivalent compensation. In view of the fact that the land has been cultivated and managed by you, and you have undertaken agricultural taxes, flood control and rescue tasks, etc. (of course, you need to have evidence to prove it, such as the testimony of the villagers, the certificate of the village committee, the bills for paying the contract fee, the bill for paying the agricultural tax, the documents assigned to you for the flood control and rescue tasks, etc.), it can be considered that the transfer act is valid, and you have already enjoyed the right to contract and operate the rural land of the land.

Therefore, the other party cannot demand that you return the rural land contract management right of the land.

The parties may settle the matter through negotiation, or they may request the villagers' committee, township (town) people**, etc. 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.

The land in the rural areas is owned by peasant collectives, and the division of land into households is a management mode of rural household contract management. This policy can mobilize the enthusiasm of farmers to cultivate the land, and through practice, the state has fixed this policy and adhered to it for 100 years, which is conducive to the long-term investment and management of land by farmers. In recent years, with the state's policy toward peasants, not only has land tax been exempted, but also incentives have been given to peasants who persist in growing grain.

Therefore, the peasants feel that the land they have allocated is a valuable piece of land. The conflicts in your family are not unusual, and only by resolving them through negotiation can we get rich together.

Zongheng Legal Network-Henan Longcheng Law Firm-Wu Shuchao lawyer.

Yes, only by coordinating, your family can ask him for all the agricultural taxes and the cost of flood relief tasks, or the cost of managing the land, and then say that it will not be repaid.

Negotiated Settlement Zongheng Legal Network-Henan Yinglun Law Firm-Lawyer Zhang Weimin.

The reasons for disputes over rural land transfer include: the management mechanism is not perfect, and a contract can be signed to bind the rights and obligations of both parties; Farmers lack awareness of rights protection and legal knowledge, so employment training for landless farmers can be strengthened. If the land contracting right is not clear, the property right relationship can be clarified; The abuse of administrative power can be circumvented by improving the compensation and resettlement system for land-expropriated farmers.

[Legal basis].Article 36 of the Rural Land Contract Law.

The contractor may independently decide to transfer the land management right to him by leasing (subcontracting), buying shares, or other methods in accordance with the law, and file it with the contract-issuing party.

Article 40 For the transfer of land operation rights, both parties shall sign a written contract for the transfer.

Hello, if the negotiation is carried out first, if the negotiation fails, you can defeat the ridge and ask Wang to ask the village committee or other relevant departments to mediate, if the mediation fails, you can apply for arbitration or file an administrative lawsuit with the court.

The causes and solutions of rural land transfer disputes are: the management mechanism is not perfect, and a contract can be signed to bind the rights and obligations of both parties; Farmers lack awareness of rights protection and legal knowledge, so employment training for landless farmers can be strengthened; If the land contracting right is not clear, the property right relationship can be clarified; The abuse of administrative power can be circumvented by improving the compensation and resettlement system for farmers who have been expropriated by auspicious hands.

[Legal basis].

Article 36 of the Rural Land Contract Law provides that the contracting party may independently decide to transfer the land management right to the contractor in accordance with the law, and file a search for oranges with the contract issuing party. Article 40 In the case of the transfer of land operation rights, the parties concerned shall sign a written contract for the transfer.

Rural land circulation refers to the retention of all property rights and contracting rights of the remaining brothers of the land, and the change of land management rights (use rights). In the process of land circulation, there are often some circulation disputes between the transferor and the transferee, and the main disputes are:

1. Disputes without a written land transfer contract.

2. Disputes over land transfer that have not been reported for the record.

3. Disputes over unclear land swap terms.

4. Disputes over breach of contract driven by economic interests.

In dealing with these disputes:

1. Disputes without a written land circulation contract: If the two parties do not object to the original oral agreement, and the fact of subcontracting, leasing, swapping or substitution of cultivation has actually occurred, the land circulation relationship between the two parties will be established, as long as the land circulation is between the two parties.

2. Correction of land transfer without filing for the record: The contractor or the party to the exchange requests a judgment to confirm the invalidity of the contract solely on the grounds that the land subcontract, lease or exchange has not been reported for the record, and shall not be supported.

3. Disputes over unclear terms of land swaps: For land swaps without an agreed period of circulation, if one of the parties claims to terminate the swap contract during the period of the rural land contract, it shall not be held by the person who supports it.

4. Disputes over breach of contract driven by economic interests: let the parties to the dispute fully understand the basic content of land contract laws and regulations, improve farmers' legal awareness and legal concept, and educate villagers to consciously abide by the law. It is also necessary to comprehensively grasp the relationship between land circulation from different situations such as the time and background of the signing of the contract, and the current situation of land operation, and cannot rigidly and rigidly deduct the provisions of the contract, so as to resolve disputes with flexible and effective measures.

Article 37 of the Rural Land Law stipulates that the right to contract and operate land shall be transferred by subcontracting, leasing, swapping, transferring or other means, and both parties shall sign a written contract.

Where the transfer is adopted, the consent of the contract issuing party shall be obtained; Where subcontracting, leasing, swapping, or other methods of circulation are employed, it shall be reported to the contract-issuing party for the record.

The contract for the transfer of land contracting and management rights generally includes the following clauses:

1) The names and addresses of both parties;

2) the name, location, area, and quality grade of the land in circulation;

3) the duration and start and end dates of the circulation;

4) the use of the land to be transferred;

5) the rights and obligations of the parties;

6) Circulation price and payment method;

7) Liability for breach of contract.

Hello, on the question of "rural land circulation contract disputes", my answer is as follows: an invalid rural land circulation contract refers to a circulation contract that violates laws and regulations and has no legal effect. An invalid circulation contract is not protected by law from the moment it is concluded.

However, the parties should bear the legal consequences arising therefrom. Although the Regulations on the Administration of Rural Collective Economic Contracts in Hubei Province stipulate the confirmation of invalid contracts in six aspects, they do not include the handling of invalid contracts for the circulation of rural land in many aspects. In the investigation, we found that the reason why there are so many land disputes in rural areas is that the circulation contracts signed by the parties do not meet the requirements of laws and regulations, and the characteristics can be summarized as follows:

1. The subject of the land transfer contract is illegal. The main body of rural land circulation is the contractor. Article 34 of the Rural Land Contract Law clearly stipulates that "the main body of the circulation of land contract management rights is the contracting party, and the contracting party has the right to decide independently whether and how the land contract management rights are transferred in accordance with the law."

However, it is very common for the subject of land transfer to be unclear in rural land transfer contracts.

Hello, regarding the dispute over the transfer of rural land management rights, when the parties encounter it, they can first negotiate, if the negotiation fails, they can request the village committee or other relevant departments to mediate, if the mediation fails, then apply for arbitration or file a lawsuit with the court.

The reasons for the difficulty of rural land transfer disputes are as follows: 1The right to land contracting is not clear.

In the process of land transfer, disputes between peasant households can be reduced to economic disputes caused by unclear contracting rights. Farmers lack awareness of rights protection and legal knowledge. In life practice, most farmers are not familiar with the way of land transfer, and most of them use the form of oral agreements, and lack the necessary written form.

3.Administrative interference and abuse of power erode the interests of peasants. Many rural land disputes arise because of the abuse of power by village-level organizations and functional departments, which harms the interests of farmers.

4.The management mechanism is not perfect. The solution to disputes over rural land transfer is as follows:

1.Clarify property rights and coordinate interests. A clear property right relationship and a clear definition of the scope of rights and obligations of various property rights subjects are the necessary prerequisites for the realization of pure rural land circulation.

Improve the compensation and resettlement system for land-expropriated farmers, and improve the minimum livelihood guarantee system. Improve the compensation and resettlement system for land-expropriated farmers in the process of non-agricultural conversion of farmland, and formulate reasonable and feasible compensation standards for farmland. 3.

Strengthen employment training for landless peasants and enhance their ability to find new jobs. 4.Carry out appropriate job placement and stabilize the contracting relationship.

Legal basis: Rural Land Contracting Law of the People's Republic of China Article 37: For the transfer of land contracting and management rights, the parties shall sign a written contract. Where subcontracting, leasing, swapping, or other methods are employed to transfer land contracting and management rights, it shall be reported to the contracting party for the record.

The methods for handling disputes related to rural land contract circulation are as follows: 1In the event of a dispute arising from land contracting, the parties may resolve it through negotiation.

2.Conciliation. The parties may resolve the dispute through mediation, and if the parties are unwilling to mediate, they may apply for arbitration or file a lawsuit directly with the people's court.

3.Arbitration. 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.

4.Lawsuit. Consultation, mediation and arbitration are not necessary procedures for litigation, and 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.

1. What should I do if my own land is planted by others?

In accordance with the provisions of relevant laws, if a dispute arises between the parties due to land contracting and believes that the other party has infringed upon their legitimate rights and interests, it can be resolved through mediation by villagers' committees, township people, etc. The state protects the legitimate rights and interests of collective landowners and protects the land contracting and management rights of the contractor, and no organization or individual may infringe upon them. In 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 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 apply to the people. If a party is dissatisfied with the arbitral award of a rural land contract arbitration institution, it may file a complaint with the people within 30 days from the date of receipt of the award. If it fails to do so within the time limit, the award shall take legal effect.

Any organization or individual that infringes upon the contracting party's right to contract and operate land shall bear civil liability.

Second, how to deal with homestead disputes.

Homestead disputes are handled in the following ways:

1. Negotiation, the two parties to the dispute due to the rural homestead can resolve it through negotiation;

2. Mediation, the parties can resolve the air damage dispute through mediation;

3. In arbitration, if the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the arbitration institution for arbitration;

4. Litigation: Directly file a lawsuit with the people's court according to the content of the dispute.