Several Provisions of Changle Municipal Government of Fujian Province on Disputes Concerning Confirmation of Rural Land Contract Rights

Dispute Resolution

Article 51 of the "Rural Land Contract Law" stipulates in principle: "If a dispute arises due to land contract management, the two parties may resolve it through negotiation, or If the parties concerned are unwilling to negotiate or mediate, or if negotiation or mediation fails, they can apply for arbitration to the rural land contract arbitration institution or directly file a lawsuit with the People's Court." It stipulates that four ways can be adopted to resolve rural land transfer disputes, namely negotiation between the parties, mediation between the parties, arbitration institution ruling and court litigation.

1. Negotiation between the parties

Resolving disputes through negotiation means that the parties involved in a land transfer dispute should first resolve the dispute on the basis of voluntary mutual understanding and in accordance with relevant legal provisions before resorting to other methods to resolve the dispute. , negotiate directly and resolve disputes between the parties on their own. Of course, in the process of resolving disputes through other means, as long as both parties are willing, they can continue to negotiate and reach an agreement to resolve the dispute. Adopting negotiation methods to resolve disputes can greatly reduce the time, energy and expense expended by both parties in resolving disputes, and is conducive to resolving conflicts in a timely manner and maintaining normal relations between the parties.

2. Mediation between the two parties

In land transfer disputes, the two parties are unwilling to resolve the dispute through negotiation, or the dispute cannot be resolved through negotiation (for example, after negotiation to reach an agreement to resolve the dispute, one party If the parties regret), the dispute can be resolved through mediation. Mediation is a traditional way of resolving disputes among Chinese people. Usually, both parties voluntarily choose a second person whom they both trust as the mediator to understand the situation of the dispute, mediate from it, and persuade the parties to understand each other and make appropriate concessions. Both parties reach an agreement to resolve the dispute.

When using mediation to resolve land contract management disputes, the principle of voluntariness must be adhered to, and mediation must be conducted on the basis of the complete voluntariness of both parties. The mediator can be any organization or individual. Generally, people who are fair and highly respected can become mediators and preside over mediation, and can gain the trust of both parties. The "Rural Land Contract Law" specifically states that parties may apply for mediation by village committees, township (town) governments, etc. to resolve disputes. The main reason is that the village committee, as a villagers' autonomous organization, has the function of mediating and resolving civil disputes according to law. Because the village committee is familiar with the situation and has a certain degree of authority, having the village committee serve as the mediator is conducive to resolving disputes in a timely and reasonable manner. The township (town) people's government is the grassroots political organization of farmers. It is responsible for the basic management of rural land contracting, masters basic information such as contract contracts, and is familiar with the situation of land contracting. When the township (town) government presides over mediation, especially when mediating land contract management disputes between villagers who do not belong to the same village collective economic organization, it has the impartiality and authority that other organizations and individuals do not have. Therefore, generally speaking, land contract management disputes between villagers in the same village or village group can be mediated and resolved by the village committee; land contract management disputes between villagers in different villages or between villagers and other units can be resolved by the township committee. The (town) People's Government mediates and resolves the matter.

If an agreement is reached through mediation, both parties shall be asked to sign a written agreement in a timely manner, and the parties shall be helped and urged to conscientiously perform the agreement and completely resolve the dispute. No matter who presides over the mediation, the mediation agreement reached through mediation has no enforceable legal effect. If both parties perform the agreement voluntarily, the dispute will be completely resolved after the agreement is successfully performed. After reaching a mediation agreement, if one party regrets and is unwilling to perform the agreement, or if the mediation agreement is not reached after mediation, the parties can apply for arbitration at the Rural Land Contract Arbitration Institution, or directly file a lawsuit with the People's Court.

3. Arbitration Institutional Arbitration

If the parties to a land transfer dispute are unwilling to negotiate, fail to reach an agreement through negotiation, and fail to resolve the dispute through mediation, they may apply to the Rural Land Contract Arbitration Institution Apply for arbitration.

Taking into account the certain particularity of labor disputes and rural land contract disputes, Article 77 of the "Arbitration Law": "The arbitration of labor disputes and agricultural contract disputes within agricultural collective economic organizations shall be dealt with separately. Provisions.”

This clarifies that the provisions of the Arbitration Law do not apply to land contract management disputes within rural collective economic organizations.

Land contract management is a special kind of economic arbitration, which is different from the general commercial arbitration stipulated in the Arbitration Law. Article 51 of the "Rural Land Contract Law" stipulates: "Any party involved in a land contract management dispute may apply for arbitration. There is no clear distinction between land contracts within rural collective economic organizations and land contracts for units and individuals outside collective economic organizations." At present, the country has no unified legislation on the arbitration of rural land contract management disputes. "In actual operation, various regions mainly make rulings based on local regulations and rules formulated by provinces, autonomous regions, and municipalities directly under the Central Government. The specific methods are generally the same, but there are also differences. Articles 51 and 52 of the "Rural Land Contract Law" make principle provisions on the arbitration of rural land contract management disputes, providing legislative basis and principles for the formulation of national unified rural land contract arbitration methods. Relevant departments are formulating specific measures for rural land contract arbitration.

IV. Court Litigation

In a land transfer dispute, if the party concerned is dissatisfied with the ruling, he or she may file a lawsuit with the people within 30 days from the date of receipt of the ruling, with the other party as the defendant. The court files a civil lawsuit to protect its rights and interests through litigation.

The people's court that accepts the case shall hear the case and ascertain the facts in accordance with the provisions of the Civil Procedure Law and the Rural Land Contract Law, with reference to relevant judicial interpretations and policy documents on rural land contracting , make a judgment in accordance with the law and safeguard the legitimate rights and interests of both parties. After accepting the case, the People's Court shall directly make a judgment in accordance with the law, rather than revoking the award and requiring the arbitration institution to re-arbitrate. That is to say, if a party is dissatisfied with the ruling and files a lawsuit in the People's Court, the ruling will automatically lose its legal effect, and the People's Court will make a judgment to resolve the dispute.

To sum up the above

It should be pointed out that among the aforementioned four ways to resolve land contract management disputes, litigation is the final solution. Negotiation and mediation between the parties are not a prerequisite for applying for arbitration by a rural land contract arbitration institution or a necessary procedure before filing a lawsuit. Theoretically, parties can directly apply for arbitration without consultation or mediation; at the same time, consultation, mediation, and arbitration are not prerequisites for filing a lawsuit in the People's Court. After a land contract dispute occurs, the parties may directly file a civil lawsuit with the People's Court without going through consultation, mediation, or arbitration procedures.

But in practice, consultation, mediation, and arbitration are closer to farmers. The procedures are simple, convenient for the people, timely and effective, and are welcomed by the farmers. Therefore, most disputes can be resolved through negotiation, mediation, and arbitration, and there are not many land contract cases brought to the People's Court.

Notice of the People's Government of Changle City, Fujian Province on the issuance of the work plan for the confirmation, registration and certification of rural land contract management rights in Changle City

Changzhengzong [2014] No. 223

The township people's governments, sub-district offices, and relevant municipal departments:

The Changle City Rural Land Contract Management Rights Confirmation, Registration and Certification Work Plan formulated by the Municipal Agriculture Bureau has been studied and approved by the municipal government. It is now issued to you, please implement it conscientiously.

November 4, 2014

Channgle City’s work plan for confirmation, registration and certification of rural land contract management rights

In order to thoroughly implement the Party’s The Central Government, the State Council, the Provincial Party Committee and the Provincial Government have made decisions and arrangements to actively and steadily promote the confirmation, registration and certification of rural land contract management rights in our city. Work Notice" (Min Government Office [2014] No. 113), this plan is formulated based on the actual situation of our city.

1. Objectives and tasks

Carry out the confirmation, registration and certification of rural land contract management rights, based on the existing land contract contracts, management rights certificates and collective land ownership confirmation and registration results. Based on this, we need to use scientific and effective measurement methods to find out the area and spatial location of the contracted plots, establish and improve the land contract management rights registration book, and properly solve the problems such as inaccurate area of ??the contracted plots, unclear space, unclear spatial location, and incomplete registration books. To solve the problem, we should realize the "four consistency" of contracted land area, contract contract, management right registration book, and management right certificate, and the "four-in-one" contracted land area, four boundaries, contract contract, and contracted management right certificate, so as to empower farmers more fully and effectively in accordance with the law. Guaranteed land contract management rights. Establish a land contract management right information management system, improve the land contract management right registration system, improve rural land contract management rights files, and strengthen the property rights protection of land contract management rights.

2. Work Arrangement

In accordance with the principle of “pilot first and steady advancement”, Qianzhong Village of Yutian Town and Dongping Village of Heshang Town were arranged to take the lead in carrying out pilot work in 2014 and by the end of 2015 The pilot tasks have been basically completed; in the first half of 2015, other towns (subdistricts) and villages will be arranged to be fully launched, and the work of confirming, registering and issuing certificates for the city's rural land contract management rights will be basically completed by 2017.

3. Working principles

1. Operate in accordance with laws and regulations. Strictly implement laws and regulations such as the Property Rights Law, the Rural Land Contract Law, the Land Management Law, and the Provisions of Fujian Province on Several Issues in the Implementation of the Rural Land Contract Law of the People's Republic of China, and earnestly comply with the Rural Land Contract Law of the Ministry of Agriculture. "Measures for the Management of Operation Rights Certificates" (Ministry of Agriculture Order No. 33) and "Rural Land Contract Management Rights Registration Pilot Work Procedures (Trial)" (Nongbanjing [2012] No. 19) document requirements adhere to the "provincial level coordination and municipal level supervision" "Guidance, the county level takes overall responsibility" and carry out land contract management rights confirmation and registration in accordance with legal registration contents and procedures, so as to ensure that there are no violations, no items are missed, no items are incorrect, no damage to the legitimate interests of farmers, and no sequelae are left.

2. Confirm rights by account and maintain stability. The system of collective land contracting by family units is the foundation for the confirmation, registration and certification of rural land rights. The confirmation, registration and issuance of rural land contract management rights must be based on the signed second-round land contract contract and the issued land contract management right certificate, while maintaining the stability of the existing land contract relationship and not affecting normal agricultural production and operation. Under the premise, the land area will be calibrated based on the latest contracting relationship before this registration and the results of the second national land survey, and rights will be confirmed by household. It is strictly prohibited to take the opportunity to illegally adjust and take back farmers' contracted land.

3. Respect history and face reality. Adhere to proceeding from reality, not only respecting history and farmers' wishes, but also taking into account reality. Based on the actual situation of village groups, on the premise of stabilizing rural land contract relations and not violating legal provisions and current policies, we should properly solve the problem according to the classified disposal method. Legacy issues.

4. Democratic consultation, fairness and justice. It is necessary to fully respect the dominant position of the farmers. Major matters such as inventory, confirmation, and registration in the confirmation, registration and issuance of rural land contract management rights should be discussed and decided by the member conference of the collective economic organization, so that the content, procedures, methods and As a result, the "Four Disclosures" effectively guarantee farmers' rights to know, participate, and supervise the work of confirming, registering, and issuing certificates for land contract management rights.

4. Work steps

(1) Preparation stage

1. Establish an organization. The municipal government established a leading group for the confirmation, registration and issuance of rural land contract management rights, with the mayor as the leader and the leader in charge as the deputy leader. The municipal agricultural office, land and resources, agriculture, finance, forestry, water conservancy, supervision, justice, The heads of relevant departments such as the Legal Affairs Office, Letters and Calls, and Archives are members. The leading group has an office affiliated with the Agricultural Bureau and is responsible for coordinating and guiding the work to be carried out to ensure that the work is progressed in a positive, steady and orderly manner. Each township (sub-district) must establish a corresponding leading group to be responsible for formulating specific implementation plans for the confirmation, registration and certification of rural land contract management rights, and organize the implementation; villages must establish a team composed of village and group cadres, veteran party members and villager representatives. The working group and "council" shall do a good job in the specific work in the process of confirming, registering and issuing certificates for rural land rights.

2. Formulate a plan. The Municipal Leading Group Office for the Confirmation, Registration and Issuance of Rural Land Contract Management Rights formulates a work plan for the confirmation, registration and issuance of rural land contract management rights; each township (sub-district) people's government (office) is responsible for formulating the confirmation and registration of rural land contract management rights The specific implementation plan for the certificate issuance work will be reported to the Municipal Leading Group Office for the Certification, Registration and Issuance of Rural Land Contract Management Rights at the end of November.

3. Propaganda and mobilization. Cities, towns (subdistricts), and villages should widely publicize laws and regulations such as the Rural Land Contract Law and the Party’s current rural policies through radio, television, Internet and other channels, hold meetings, print and distribute propaganda slogans, and carry out rural land contracting. The significance, content, methods and steps of confirmation, registration and issuance of operating rights to create a good working atmosphere.

4. Carry out training.

The Municipal Leading Group Office for the Confirmation, Registration and Issuance of Rural Land Contract Management Rights organizes training for the business backbones of towns (subdistricts) who carry out the confirmation, registration and issuance of rural land contract management rights; each township (sub-district) organizes training for rural land contract management rights at the village level. The specific staff responsible for the confirmation, registration and issuance of land contract management rights shall conduct relevant laws, regulations, policies and business training to improve the policy level and professional quality of the staff and ensure the quality of work.

(2) Investigation stage

1. Investigation stage. Each township (sub-district) must organize staff to carry out the work one by one based on the results of the second national land survey, existing land contract contracts, management rights certificates and collective land ownership confirmation and registration results based on villages and groups. Each household should find out the name, location, area, four dimensions, property rights, land type and management method of each piece of land. And fill out the "Fujian Province Rural Land Contract Management Rights Registration Form". Time requirements: Qianzhong Village in Yutian Town and Dongping Village in Heshang Town will be completed in the near future, and other towns (subdistricts) and villages will be completed before March 2015.

2. Make a base map. According to the actual situation of our city, aerial photography and mapping of cultivated land should be carried out in towns and villages; at the same time, on the basis of making full use of the second national land survey and existing aerial photography results, 1:1000 scale aerial photography should be the main one, supplemented by on-site measurements, and production should be carried out in compliance with The working base map of the local actual scale will be completed first and the working base map of the pilot unit will be produced, and the plots will be drawn on the working base map. At the same time, it is necessary to strictly comply with the "Regulations on the Scope of State Secrets in Surveying and Mapping Management" of the State Bureau of Surveying and Mapping and the State Bureau of Secrecy, and do a good job in keeping confidential the information related to the confirmation, registration and issuance of land contracting and management rights, especially the cadastral information, to ensure that confidentiality is not lost and no Leak.

(3) Inventory stage

1. Implement inventory. On a group basis, each village enters the information table on a household-by-household basis based on the area of ??the second national land survey of the land and resources management department and the contracting information of the second-round land contract contract or rural land contract management certificate. On this basis, villagers who are familiar with the situation are organized, and under the arrangement of professional surveying and mapping personnel, the farmers' contracting relationships, plots, areas, spatial positions and other information are plotted on the map, and the plot numbers are marked. Sketch. For areas where it is impossible to use existing map data to outline the map, and where the boundaries of the land parcels are unclear or other areas that require on-the-spot investigation, on-site investigation, survey and mapping must be carried out in a timely manner. After completing the inventory, the information form must be submitted to the contractor for confirmation. For farmers who cannot confirm in place, they can be confirmed in the form of entrustment to form results recognized by the farmers. The final plot survey map and plot survey form information should be consistent.

2. Announce the list. The village group shall be the unit to announce the results of the inventory and verification to the villagers in a timely manner. The announcement time must be more than 7 days, and a village representative meeting shall be held to collect the opinions of the contracting households; the problems discovered during the inventory shall be carefully sorted out, and measures to solve the problems shall be proposed in accordance with the law. specific measures and methods. Only after the inventory and verification are publicized and there is no objection, can the rights confirmation registration be carried out; for disputes, they will be resolved through negotiation between the parties and village mediation in accordance with the law; if an agreement is still not reached, arbitration, litigation and other means can be used to resolve them.

(4) Registration and certification stage

1. Review and registration. The inventory situation should be further reviewed, a plan map of the location of the contracted plots should be prepared, a land contract management rights registration book should be prepared, and the villagers' group should be used as a unit to summarize the farmers' contracted land parcel maps and other rights confirmation registration materials, and carry out land contract management rights Confirm rights registration. If rural land is contracted through bidding, auction, public consultation, etc., the parties concerned shall apply for registration of land contract management rights and shall handle registration in accordance with the relevant provisions of the "Rural Land Contract Management Rights Certificate Management Measures".

2. Issue certificates. In accordance with the requirements of the "Measures for the Management of Rural Land Contract Management Rights Certificates", the land contract management rights registration book shall be improved and completed, and the "Rural Land Contract Management Rights Certificates" shall be uniformly issued by the municipal government on an administrative village basis.

3. Data archiving. All towns (subdistricts) must organize the archiving of land contract management rights registration documents, enter relevant data, establish a rural land contract management rights database and management system, and implement information management. At the same time, under the guidance of the archives management department, it is necessary to promptly organize the transfer of land contract management rights registration documents and materials to the national comprehensive archives at the same level for centralized storage in accordance with regulations.

(5) Summary and acceptance stage

Taking the village as a unit, in accordance with the principle of "complete one, check and accept one", each township (street) will contract the management rights of rural land in batches The work of confirming, registering and issuing certificates shall organize self-inspection and acceptance, and report the inspection and acceptance results to the office of the Municipal Leading Group for Confirmation, Registration and Certificate Issuance of Rural Land Contract Management Rights. The municipal government will organize random inspections and acceptances based on the reports from each township (street).

5. Work Focus

(1) Organize and carry out the cleaning and archiving of land contract files. In accordance with the "Opinions of the Ministry of Agriculture and the State Archives Administration on Strengthening the Management of Rural Land Contract Files", we will comprehensively organize and clean up land contract files on a village-by-village basis, focusing on solving the problems of incomplete types of land contract plans, contract contracts, and contract ledgers, and inadequate management. Standardization and other issues, and based on this, collect and organize land contract management rights registration information. At the same time, in accordance with the principles of hierarchical management and centralized storage, we have established and improved systems for organizing files, classifying archives, safe storage, and public access.

(2) Find out the area and spatial location of the contracted plot. On the basis of a thorough investigation of the land contract situation, taking the results of the second national land survey as a reference, taking the signed land contract contract, the issued land contract management right certificate and the collective land ownership confirmation and registration results as a basis, measures should be taken according to local conditions. Carry out land contract management rights ownership surveys and actual measurements. The results of inventory and actual measurements must be as accurate as possible and must be recognized by the farmers. After the actual measurement results are publicized and confirmed on a village-by-village basis, they serve as the basis for confirming, changing, and canceling the land contract and confirming, changing, and canceling the land contract management rights. From this, the spatial distribution map of the contracted land in the village is drawn and included in the contracting files.

(3) Establish and improve the land contract management rights registration book. The municipal rural land contract management department shall, in accordance with the "Measures for the Management of Rural Land Contract Management Certificates", establish a land management system based on existing land contract contracts and certificates, combined with registration information such as contracted plots, area and spatial location confirmed in accordance with the law. Register of contract management rights. The rural land contract management department can assign basic farmland to each household based on the relevant information on basic farmland provided by the land and resources department and mark it on the land contract management right registration book and certificate.

(4) Carry out changes and deregistration of land contract management rights. On the basis of establishing and improving the land contract management rights registration book, carry out timely changes, terminations of land contract contracts and changes and cancellations of land contract management rights, etc., and improve the land contract management rights certificates, change or replace the land contract management rights. Certificate of authority.

(5) Strengthen the informatization construction of rural land contract management. All towns (subdistricts) must strengthen the management of rural land contracting and the transfer of land contracting and management rights. Relevant departments must establish rural land contracting and management rights databases and rural land contracting and management rights management information systems in accordance with the principle of unified registration of real estate to realize rural land contracting and management rights. Information management of contract contracts, land transfer contracts, land contract management rights certificates, and land contract management rights registration books. Equipment for storing land survey and surveying and mapping data should be dedicated to dedicated aircraft and strictly prohibited from being connected to the Internet to prevent online leaks.

6. Work measures

(1) Strengthen organizational leadership. The main leaders of each township (sub-district) must personally grasp and take overall responsibility, and the leaders in charge shall grasp the implementation and implementation. Relevant departments shall divide labor and cooperate to promptly study and solve the difficulties and problems encountered in the work to ensure that the work is progressed in a positive, steady and orderly manner. Members of the two committees of each village must concentrate their efforts to ensure that the power confirmation work is carried out in an orderly manner.

(2) Clarify departmental responsibilities. All relevant departments must strengthen communication and coordination, work closely together, and work together to achieve effective results. Townships (subdistricts) are responsible for the formulation and implementation of implementation plans within their respective jurisdictions; the agricultural department is responsible for coordination, policy and business guidance; the financial department is responsible for funding guarantees for the confirmation, registration and issuance of land contract management rights; the land and resources department is responsible for providing the second national land free of charge Survey and existing aerial photography-related results and information, and provide technical guidance for surveying and mapping work; the petition department is responsible for the implementation of the petition responsibility system and resolves petition issues in the process of confirming, registering and issuing certificates; the legal department should confirm the rural land contract management rights Provide relevant legal and regulatory services for the registration and issuance of rights to rights; the archives management department is responsible for the guidance of the archiving of documents and materials for the registration and issuance of rural land contract management rights. Other departments should cooperate with the work related to the registration and certification of rural land contract management rights according to the division of responsibilities.

(3) Implement work funds.

The funds for the confirmation, registration and certification of rural land contract management rights are included in the municipal fiscal budget, and the municipal finance arranges special funds for aerial photography and surveying, construction of municipal information systems, household surveys, personnel training, daily work guidance, etc. cost. At the same time, it is necessary to ensure that special funds are used exclusively, and special audits must be conducted after the confirmation, registration and issuance of certificates for rural land contract management rights.

(4) Strengthen inspection guidance. The municipal government has incorporated the confirmation, registration and certification of rural land contract management rights into the annual target responsibility system assessment of towns (subdistricts). The Municipal Leading Group for the Registration and Issuance of Rights will regularly and irregularly organize working groups to conduct follow-up inspections in various villages, promptly summarize and promote good experiences and practices, study and solve new situations and problems that arise in the work, and promptly report at each stage work situation. Townships (subdistricts) must also regularly and irregularly organize personnel to carry out supervision, inspection and guidance. For those who cause mass incidents due to untruthful work, improper measures, violation of policies, etc., the relevant responsible persons must be seriously held accountable. After the work of confirming and issuing certificates for the rights of each township (street) is started, the progress of the work should be reported to the office of the municipal leading group for the confirmation, registration and issuance of certificates of rural land contract management rights at the end of each month, and any major problems encountered should be reported in a timely manner.