Coal mining subsidence area refers to the subsidence area left after coal mining, when the minerals are mined, the original mechanical equilibrium state of the rock mass around the mining area has been destroyed, so that the rock layer has moved, deformed and destroyed. In addition to causing serious damage to the national land and ecological environment, the coal mining subsidence area will inevitably cause damage to the ground buildings and other rights in the subsidence area. The narrator of this episode of the program is carrying out normal business activities such as factory construction and captive livestock on the land he has contracted, but due to the over-exploitation of the coal company, the factory collapses, resulting in the death of cattle and sheep, the cracking of the enclosure, and the damage of the factory, and he cannot operate. Moreover, the subsequent compensation and redress have been put on hold for various reasons, what is the story in the middle?
Normally contracted land construction and operation, but due to the overexploitation of coal mines, huge losses have been caused
According to the narrator, Mr. Li, and the materials he provided, Mr. Li contracted 200 acres of barren mountains in the village for a period of 60 years. It is used to create land for the construction of farms, the construction of mountain villas, etc. to create family farms and farms. In 2017, an agricultural development limited company was registered and established, a breeding farm was established, and it began to operate, with considerable benefits.
In January 2019, due to the subsidence of the underground mining coal mine of a subsidiary of a coal mining group, Mr. Li's plant collapsed and the ground cracked, resulting in the death of cattle and sheep, cracking of the enclosure, damage to the plant and cracks in the ground, and the company could not continue to operate and stopped production for nearly five years. It is impossible to estimate the actual losses and other losses such as additional resources such as some undeveloped land. According to the narrator, the follow-up matter was shelved due to various reasons, and there has been no perfect result so far.
Mr. Li argued that his houses, machinery, livestock, etc., on the land had been extensively damaged due to the ground subsidence, and the machinery and other machinery could not be put into use and work normally, and the livestock had also been injured or injured, resulting in cost damage, and the coal mining company should pay according to his claim.
Experts deeply analyze the legal truth behind the case
In mainland China, if land subsidence occurs due to coal mining, what is the process of compensation and remedies for the land and the injured person? Should the narrator claim liability for breach of contract or liability for infringement of rights and interests? What is the scope of compensation for land subsidence and damage caused by coal mining? How should the amount of loss be determined? In the second half of the program, law professor Zhang Jing and legal commentator Pang Hongbing respectively analyzed the case, and at the same time gave suggestions on the way that the narrator, Mr. Li, could protect his rights and interests in the future.
Professor Zhang, a professor of law, believes that from the "Agreement on Contracting and Managing Wasteland (Mountain)" involved in the case, the village committee of Party A has established a 60-year land contracting and management right for the narrator in the form of a contract. The local village committee did not breach the contract in the subsequent performance of the contract.
However, according to the narrator, Mr. Li, the mining activities of the relevant coal mining company predate the narrator's contracting activities, so it is necessary to investigate whether the local village committee has known about this for a long time, and if the village committee is aware and aware of the possibility that the land involved in the case will collapse in the future, and deliberately conceals it when the contract is concluded, it is at fault and needs to bear a certain proportion of responsibility.
In addition, the first paragraph of Article 265 of the Civil Code of the People's Republic of China stipulates that collectively owned property shall be protected by law, and any organization or individual is prohibited from encroaching, plundering, privately dividing or destroying it. Article 267 stipulates that the lawful property of private individuals shall be protected by law, and no organization or individual shall be allowed to embezzle, plunder or destroy it. In view of the fact that the land collapsed during the coal mining process by the coal mining company in this case, which caused property losses to the narrator, the main direction of the lawsuit is still compensation for the infringed damages.
In this case, the narrator and the village committee signed the Agreement on Contracting and Managing Wasteland (Mountain), and the two parties were based on a contractual relationship. The land subsidence caused by the mining activities of the coal mining company caused property damage to the narrator is an infringement of rights and interests, and the two cannot be confused. From the perspective of the infringement of rights and interests of the coal mining company, this case constitutes a lawsuit for infringement of rights and interests, and the narrator can use this as the basis for the claim to claim compensation for the infringement of rights and interests.
Legal commentator Pang Hongbing believes that in terms of the scope of compensation, in view of the large gap between the two parties' negotiation intentions on the amount of compensation, the narrator can consider asking the other party to restore the land, enclosures, and houses to their original state, and demand compensation for the part that cannot be restored.
If the narrator in this case files a lawsuit, he should file a lawsuit on a third-level cause of action, i.e., a dispute over liability for damage caused by highly hazardous activities. The determination of the cause of action is directly related to the basis of the claim and the application of relevant laws in this case, so from the perspective of the cause of action of the dispute over liability for damage caused by highly hazardous activities, the right to claim compensation for damages is applicable in this case. Disputes over liability for infringement of rights and interests are different from disputes over breach of contract, and the losses protected by the Contract Part of the Civil Code include the expected benefits of contract performance, but the Liability for Infringement of Rights and Interests section applies the filling rule and can only claim direct losses.
Next, the two teachers gave the narrator advice on the next steps in addition to litigation. Professor Zhang believes that from the perspective of these circumstances, the narrator's behavior of protecting his own rights and interests must be carried out in the track of the rule of law. The narrator can negotiate compensation with the coal mining company through mediation by the government (county, city). If the problem cannot be resolved, it is necessary to further protect its own rights and interests through litigation. Professor Zhang said that the legal approach can definitely solve the relevant demands of the narrator step by step.
Legal commentator Pang Hongbing added that the resolution of Mao Dun disputes in China has always been diversified and three-dimensional. In recent years, governments at all levels, courts and other judicial systems have successively established relevant diversified mediation organizations, through the intervention of a third party, so that the parties can sit down and talk, and then reach a settlement. The narrator's case involves the competent department of land and resources, and it is hoped that relevant channels can be used to intervene in the negotiation. The follow-up can also depend on whether the relevant departments of the local government can be treated fairly based on the facts and give the narrator a corresponding and suitable business environment for private enterprises.
Finally, the two teachers provided some suggestions on related issues such as barren mountain contracting. Professor Zhang believes that before contracting barren mountain land, it is necessary to have preliminary research and investigation, and have a full grasp and understanding of the land contracted by oneself, so that when oneself encounters land-related problems in the later stage, it has the ways and means to fully protect one's own rights and interests;
The relevant legal provisions involved in this case
[Civil Code of the People's Republic of China]
Article 265:Collectively owned property is protected by law, and it is forbidden for any organization or individual to encroach upon, plunder, privately divide or destroy it.
Where decisions made by rural collective economic organizations, villagers' committees, or their responsible persons infringe upon the lawful rights and interests of collective members, the injured collective members may request that the people's courts revoke them.
Article 266:Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.
Article 267:The lawful property of private individuals is protected by law, and it is prohibited for any organization or individual to embezzle, plunder, or destroy it.
Article 1165:Where perpetrators cause harm by infringing on the civil rights and interests of others due to their fault, they shall bear responsibility for violating rights and interests.
Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear responsibility for infringing rights and interests.
Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed rights and interests or the benefits obtained by the infringing rights and interests as a result;
Article 1186:Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties are to share the losses in accordance with the provisions of law.
[Civil Procedure Law of the People's Republic of China]
Article 58: The organs provided for by law and relevant organizations may initiate litigation in the people's courts against conduct that harms the societal public interest, such as polluting the environment or infringing on the lawful rights and interests of many consumers.
In the course of performing their duties, people's procuratorates may initiate litigation in the people's courts if they discover conduct that harms the public interest, such as damage to the ecological environment and resource protection, or infringement of the lawful rights and interests of many consumers in the field of food and drug safety, where there are no organs and organizations provided for in the preceding paragraph, or where the organs and organizations provided for in the preceding paragraph do not initiate litigation. Where the organs or organizations provided for in the preceding paragraph raise a lawsuit, the people's procuratorate may support the prosecution.
Disclaimer:
The purpose of reprinting this article is to convey more information, and does not represent the views and positions of this website.
The content of this article is for informational purposes only and does not constitute investment advice. Investors act accordingly at their own risk.