Lihong Xiu Xie group of mothers holding land certificates, land contract rights disallowed confused<br>Peasants have been born after decades of Sheito court took back the rural land contract and management rights, and get the contractor to be requisitioned compensation.<br> <br>Hard to cultivate the same piece of land has been a decade of Xie group and , rural land contract was eventually court judgment invalid, Ganzhou Yudu County government awarded to their land certificate was invalid. However, before the court decision, Yudu County Lingbei town government has issued Xie group and land compensation.<br> <br>Two make up a very strange place, in opinion of local people, which is understood to want to quell this from land disputes.<br> <br>"Rural Land Contract Law" stipulates that the contractor the family moved to a small town settled, should it wishes to retain land rights. And this clause sparked controversy in recent years continue, because rural land is collectively owned by the village, the village does not belong to a collective organization of people, their land contract and management rights reserved why can? Before, there were deputies in the country "two sessions" on the proposal, this provision be modified.<br> <br>After the land was re-contracting of Peasants<br> <br>Students of origin under Sheito Yudu Lingbei town Wo Creek Estates bucun group of villagers, the contractor of the group of old, foot ridge, the old dam,piumini woolrich sito ufficiale, a few sub-pit and outer plate river five, the 1992 signing of the contract, contracted land area of 1.81 acres.<br> <br>Xiedong Xi (when he was under the estates team leader) said that between 1997 and 1998, Sheito students repeatedly found him and the mayor at the time, said no arable land, no longer willing to pay "public grain." The expression of the will of the background of this is that the whole family Sheito born in 1997 into non-agricultural household, and moved out where the collective economic organizations, settled in the town head back ridge high school (after moving tribute Town Yudu County city living far) .<br> <br>August 10, Xiedong Xi recalled Tanabe big tree in a village team, Sheito students had found,http://bowling.s52.xrea.com/i/epad/epad.cgi?res=4640, he said, did not want to cultivate their land name. Xiedong Xi has said that land arrangements do not go, no one wants, but Sheito born called if next year (1999) also arrange land in his name, but also allowed to cross, "public grain", would beat him.<br> <br>"I want to make next year you do not recover the land", this sentence so Xiedong Xi impressive. In 1998, he was born according to the wishes of Sheito land recovered its name.<br> <br>Xiedong Xi intends to recover land to arrange another villager Xiepu Sheng name, the Xiepu Sheng represents not so much farming, so Xiedong Xi points out again in turn part of the land to the villagers Xie group contract farming, have signed the rural land from 1998 to 2028 in contract.<br> <br>Thereafter, Sheito students left the countryside, his family moved to town to live tribute. And after Xie village group group and obtain land contracting, in the best farming obligation, but also to pay at the time of the "three mentioned five reunification", "three food five."<br> <br>Land acquisition compensation cited right of land contract dispute<br> <br>In 2008, the town government land to build roads, Xie contracted land base and in which the two received a total of nearly 40,000 yuan compensation.<br> <br>After the two get compensation, Sheito students insisted that, when contracted voluntarily surrendered land not their own. Now he wants to take back the land, to get their own land compensation.<br> <br>Sheito birth denied then do not pay "public grain," one said, he has always been called themselves pay obligations until 2001. Afterwards, as the family lived in the county, inconvenience contract farming, the group will consult with Xie and cultivate it. Until 2008 the town government land requisition compensation, he found his own original contract land somehow becomes a group and Xie land contractual management.<br> <br>"Said team leader to be given to our species." August 10, the group of mothers Lihong Xiu Xie said her home village group contracted land is the land contract,woolrich outlet, but with the original contractor Sheito students and not directly related.<br> <br>But she knew, chief of the village claim regarding the surrender of land to and when Wo Creek bucun before Sheito students, and has repeatedly said to her:. "Now is your kind of place you go to pay grain tax it."<br> <br>Lihong Xiu considered land compensation let Sheito born that year changed the argument.<br> <br>Land contract and management rights belong sentence "origin"<br> <br>In June 2009, Sheito students will Wo Creek bucun under house group and villagers Xie group, respectively Xiepu Sheng court.<br> <br>Xie group and believe that their land is cultivated by the village group contract in 2006 also made the land certificate issued by the county government,http://www.scopesys.com/cgi-bin/today2.cgi, and how the government withdraw Sheito raw land nothing to do with them, not to tell them raw Sheito .<br> <br>But in the village group opinion, Sheito born in 1998 the family had relocated, does not belong to the village group of villagers, they are not entitled to the land contract rights.<br> <br>Xiedong Xi said that the resumption of land re-contract to the group and Xiepu Sheng Xie farming, also in line with prevailing policies.<br> <br>September 1998, in both the county,http://tennisshop.jp/cgi-def/admin/C-002/bulletinboard/visit/main.pl, the county government documents mentioned, the agricultural population to non-agricultural population, its individual no longer belongs to the members of the rural collective economic organizations, therefore, in the "small adjustments" in the collective should be recovered its contracted prior contract.<br> <br>Xiedong Xi that, according to the Government this document, was not even born Sheito initiative to hand over the land, the village team also entitled to recover his land. The "Rural Land Contract Law", "the contractor must submit a written application by the voluntary surrender" requirement, let there is unspeakable, leaving no more regret before any written evidence that the voluntary surrender of land Sheito students.<br> <br>Due to inability to prove Sheito raw voluntary surrender of land, according to "Rural Land Contract Law" Article 26 stipulates: "the contract period, the contractor of the family moved to a small town settled, in accordance with the wishes of the Contractor shall retain their land contract and management rights or allow it to transfer land contract and management rights in accordance with law. contract period, the contractor the family moved to the city divided into districts, to non-agricultural accounts,piumini moncler sito ufficiale, should be contracted farmland and grassland returned Employer. Contractor not returned, the Employer may recover contractor farmland and grassland, "Yudu County People's Court and Xiepu Sheng Xie group and village groups have signed land contract is invalid,http://genie-alimentaire.com/spip.php?article124/, the county government issued land certificates invalid, Sheito students still enjoy the original land contract and management rights.<br> <br>Villagers expressed frustration final judgment<br> <br>Xiedong Xi sighed, many villagers can testify, is no longer arable land offered to students after Sheito Peasants, then do not know to submit a written application, nor the villagers held a meeting of members of collective economic organizations in accordance with law, by contract discussions Program.<br> <br>April 30 this year, Ganzhou City Intermediate People's Court dismissed the group and Xiepu Sheng Xie's appeal and upheld the Yudu County People's Court.<br> <br>It is understood that the supreme law in July 2005 has published an "explanation on cases involving rural land contract disputes applicable legal issues," Article VI said,http://www.alg-a.org/spip.php?article1888, "because the Employer to recover illegal, readjust the contracted land, or because the Employer Contractor recover abandoned, fallow contract disputes generated according to the following situations, dispose :( a) the employer is not contracted to separate contract, the contractor requests the return of contracted land should be supported; (b) Employer has been contracted to a third party prior contract, the Contractor to the Employer and the third party co-defendant, requesting confirmation of the contract they signed invalid, the return of contracted land and compensation for losses and should be supported,woolrich outlet milano, but belongs to the contractor abandoned tillage, fallowing circumstances, their claims for damages, not support. "But because Xie group, Xiepu Sheng Xie FIG raw land farming in a timely manner, can not prove Sheito survive in abandoned, fallow, so many villagers to The final judgment also feel very helpless.<br> <br>Flat contradiction send two land compensation<br> <br>After two court judgments, Sheito students took nearly 40,000 yuan of compensation, even though the group had Xie and has got the same compensation.<br> <br>In Xiedong Xi and local villagers opinion, anyway, the land has been expropriated, the results of the just compensation to whom. Although Xie group and Xiepu Sheng lost in this lawsuit, but fortunately they still get the corresponding compensation. They believe that this is from the town government to quell this land dispute,http://zassi-backnumber.seesaa.net, only after the payment of compensation once again give Sheito raw copy.<br> <br>Lingbei town party secretary pipe Weiping respondents said that since the court sentenced Sheito born to own land, it is certainly quest for compensation.<br> <br>Tube Weiping introduction, then adjust the land, it is to follow who's who kind of gave the principle, and the local villagers far more than Peasants born Sheito example, there are a lot of Peasants of the villagers, then require the return of the land, no one He wrote a written application and who has yet to return to the land of the case,http://www.scs-uda.com, who have no interest to fight land. He said because the government imposed a land, with compensation, was directed at the individual interests of the villagers come to return to the land.<br> <br>Tube Weiping said at the time of the village secretary have proved Sheito birth year proposed to hand over the land is no longer cultivated. "In the end by the return of land to cultivate it or village group, party idea. If the town does not levy,http://r-cube.ritsumei.ac.jp, he would not come to the land."<br> <br>Tube Weiping said the government issued land certificates to the group and Xiepu Sheng Xie, the fault does not exist. If indeed you made a mistake, back to that.<br> <br>Before court, the town has been involved in mediation, but to no avail,louboutin femme, that led to the two now have a piece of land out of the money situation. Tube Weiping said, is supposed to be issued to recover compensation after Xie and group, but not to say that recovery will be able to recover, you need to do ideological work, because Xie group and in farming process, but also to pay for years of "public grain" .<br> <br>As for the land certificate is invalid court decision, pipe Weiping said, not the government sent the wrong land certificate, the town and did not land certificate issued to the group and Xiepu Sheng Xie hands, but has been placed in the village group, do not know how they got The land certificate.<br> <br> denied this statement, he said that the land certificate in hair down after 2006, it sent directly to the hands of the villagers, and did not inform higher authorities detain persons, by contrast, is based on the higher level of land contracting, issuing land certificates to households.<br> <br>National People's Congress proposed to amend the legal provisions<br> <br>It is reported that around the "Rural Land Contract Law" Article 26 of the Law, in recent years, controversial, and villagers in the opinion of many experts, this provision somewhat unreasonable, because the villagers Peasants, who does not belong to the village collective (village groups) organization, which in turn belongs to the village collective rural land (village groups) to organize all, one does not belong to the village collective (village groups) who organized their land contract and management rights reserved why can?<br> <br>NPC deputy Zhao found that this provision is not reasonable in the research that since the "Rural Land Contract Law" promulgated in the actual implementation process did reveal some urgent problems to be solved. He believes that the land contract and management rights as a basic social security in rural areas, whether in contract Employer period to recover, you can enjoy the urban social security on the basis of whether the contractor the family, rather than on the basis of whether or not to move into the city divided into districts, and whether to non-agricultural accounts.<br> <br>Therefore, early in 2006 the country "two sessions", Zhao proposed in respect of the relevant provisions amended as follows: the contract period, the contractor moved the family settled in the town, and enjoy social security for urban workers, the employer can recover contracted farmland and grassland .<br> <br>Jiangxi law firm reported that Xiao Wenjun lawyers believe that the fundamental purpose of RLCL legislation is to give farmers a long-term and guaranteed land use rights, safeguard the legitimate rights and interests of rural land contracting parties. In China Property Law expressly provides land contract and management rights for the Property in usufruct, not only emphasizes the stability of property rights, but also stressed that the full utilization of the land. Therefore it is necessary to specify in the law of land contract and management rights of property, and in accordance with the relevant laws to deal with.<br> <br>Text / Chart reporter Yin Jian<br><br>
DavidCadogan.ca Forums » DavidCadogan.ca
he said that the land certificate in hair down after 2006
(1 post)-
Posted 10 years ago #
Reply
You must log in to post.