In the governance of rural areas on the mainland, villagers' committees are grass-roots mass autonomous organizations that are responsible for assisting the government in managing village affairs and safeguarding the rights and interests of villagers. In order to let you see it clearly, then the chief lawyer Shi Xining of Beijing Jingkang Law Firm will talk to you about it.
1. The contracted land shall not be taken back without permission
According to Articles 27 and 28 of the Rural Land Contract Law of the People's Republic of China, "during the contract period, the contract issuing party shall not take back the contracted land or adjust the contracted land. ”
Before the contract period has expired, the village committee, as the contract issuing party, cannot take back the contracted land as long as the contractor does not voluntarily return the contracted land. If the village committee must forcibly take back the villagers' contracted land, it is not impossible, but it cannot be recovered with just one sentence, and the resumption of the contracted land requires the villagers' input and output on the contracted land to be assessed and compensated before it can be recovered. In a word, the village committee cannot forcibly take back the contracted land that has not yet reached the contract period, even if the villagers who have settled in the city and no longer live in the village, they cannot take back the contracted land without compensation.
2. The contracted land that has not yet reached the contract period cannot be arbitrarily transferred
Transfer to other members
Article 57 of the Rural Land Contract Law of the People's Republic of China restricts the rights of village committees as contract issuers.
Peasant households enjoy the right to occupy, use, and benefit from the contracted land and dispose of it under certain conditions, that is to say, only the contracted peasant households themselves have the right to decide whether and how to transfer the contracted land. During the contract period, any land transfer without the consent of the contracted peasant households is illegal, and the village committee must respect and safeguard the peasant households' right to contract and manage the land.
If it is necessary to carry out land transfer, the contracted farmer household shall voluntarily submit an application and go through the relevant formalities in accordance with the legal procedures to ensure that the transfer is legal and effective, and effectively protect the land rights and interests of the farmers from being infringed upon.
3. Daughters who marry outside must not be deprived
The right to contract and operate land
Article 57 of the Rural Land Contract Law of the People's Republic of China restricts the rights of village committees as contract issuers.
Mainland law strictly protects rural women's land rights and interests, and village cadres may not deprive them of the right to contract and manage land. Regardless of whether a woman is married or divorced, and has land in her original place of residence, but does not have land in the village where she resides, the village cadres of the village where she originally resides may not forcibly take back the woman's land on the grounds that her household registration is not in the village;
4. The contractor shall not be compelled to sign a contract
Unreasonable terms of the contract
Article 57 of the Rural Land Contract Law of the People's Republic of China restricts the rights of village committees as contract issuers.
In a land contract, if the village cadres agree on terms that are seriously inconsistent with the facts of the land, contrary to the will of the contractor, or in violation of laws and regulations, and force the contractor to sign such a contract, the relevant contract terms signed will be deemed invalid.
5. Houses and buildings in rural areas cannot be identified
for illegal construction
Illegal demolition and relocation of villagers without confirmation is an infringement of farmers' rights. Villagers' committees do not have the right to appraise illegal buildings, and if there is a real need for compulsory demolition, villagers' committees should cooperate with the government in accordance with legal procedures, and cannot make compulsory demolition decisions on their own. The broad masses of peasants must conscientiously safeguard their legitimate rights and have the courage to defend against illegal demolition and relocation by village committees.
To sum up, the role of the village committee should be that of a service provider and supervisor, rather than an intervener or expropriator, during the term of the rural land contract. Only in this way can we ensure the effective operation of the rural land contract system in the mainland, protect the fundamental interests of rural households, and promote the steady implementation of the rural revitalization strategy.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.