Preface
The ridges of the fields are looking forward to the late spring ploughing, and the cadres are rampant and occupy the fields.
Corruption in villages and towns is left unattended, and law enforcement is in turmoil.
Netizens were indignant and denounced, and expert mages reprimanded.
Only when the rule of law promotes clean and orthodox conduct can peasant households cultivate their fields in peace.
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Background to the event
A 4,650-acre piece of land, known as "fertile land", was a barren land in 2004. In that year, Mr. Zhang from Shuangsheng Village, Jianhua Town, Kailu County, contracted this wasteland owned by the village collective and signed a 30-year contract. The contract stipulates that Mr. Zhang can use and operate the land independently for a period of 30 years from 2004 to 2034.
At first, the area was indeed a barren land, but with years of hard work, Mr. Zhang has now transformed this wasteland into a fruitful field with his bare hands. Over the past 20 years, Mr. Zhang has invested a lot of manpower and material resources in this land, and finally made the barren land gorgeous transformation into a fertile land with a fruitful harvest today.
2. Disputes arise
Time flies, and there are more than 10 years left on the contract. Who would have thought that at the beginning of this year, Mr. Zhang received a "sky-high" list from the village committee - a supplementary fee of 200 yuan per mu of land, otherwise the land will be forcibly repossessed. Do you dare to think about this?
A piece of paper tore Mr. Zhang's expectations for the contract with a clear price. Twenty years ago, the contract signed between the two parties clearly stipulated that for a period of 30 years from 2004 to 2034, Mr. Zhang would be able to operate the plot of land on his own without having to pay any other fees to the village committee.
However, the village committee has now issued a "budget list" for the new payment. In this regard, Mr. Zhang is naturally puzzled, obviously you have me, I have you, everyone just abides by each other's agreements, how can they kill such a statement halfway?
What's worse is that the cost demanded by the village committee is not a small amount. 4,650 acres of land, 200 yuan per mu, adds up to an astronomical amount of 930,000 yuan! For an ordinary farmer, who can afford this?
Faced with such an unreasonable demand, Mr. Zhang categorically refused. He believes that a contract is a contract and everyone should abide by each other. But the village committee took a tough stance and insisted that he must pay all the fees, otherwise he would wait to be "confiscated".
3. Illegal conduct by village and town cadres
In the face of Mr. Zhang's reasonable doubts, the village cadres can be described as arrogant and extravagant. When the reporter went to interview, the series of words and deeds of the village party secretary and the village deputy secretary were even more shocking.
The village party secretary faced the reporter's camera and bluntly said something like this: "The land belongs to the village, and I can take it back whenever I want." When asked by a reporter whether it was illegal to do so, he was even more justified: "Then I don't care, I don't understand the law." "
The attitude of the deputy village secretary was even more aggressive, and the arrogance of his rhetoric was simply jaw-dropping. He said word by word: "Say nothing else, if you have an opinion, go to the town, and I will collect money if I am asked to collect money." "
It can be seen that these two village cadres completely regard the legal contract as nothing, and openly flout the laws and regulations. They act by example, taking it for granted that the village collectives should be above the law, and it is difficult to restrain them with one hand.
And the situation did not stop there, and the leaders of the town were also quibbling and arguing. A town leader said: "The land contracted by Mr. Zhang was too cheap back then, but now the land has been improved so well that our town feels that it has suffered a loss, so we have to pay the fee." "
What is ridiculous is that this town leader, who claims to have suffered losses, has also learned the way of village cadres, and is afraid to avoid the law, and bluntly said: "I don't understand the law, don't talk to me about the law." "
The most outrageous thing is Ji Yunhao, deputy secretary of the town party committee. He pointed at the camera, aggressive, absolutely not! This land is no longer under his control, and I asked the village to directly detain his agricultural machinery.
Fourth, the police illegally arrested people
Seeing that the village and town leaders were so arrogant and disregarded the rule of law, Mr. Zhang had no choice but to turn to the police for help. He called the police on 110, hoping to stop the village and town leaders' violations from a legal point of view.
It didn't take long for the whizzing of police cars to ring out at the head of the village. A group of sturdy police officers quickly arrived at the scene. But just when everyone was expecting that the police would uphold the dignity of the law and give a just ruling, a suffocating reversal was staged.
Surprisingly, after the police learned what happened, instead of restraining the illegal acts of the village and town leaders, they directly detained Mr. Zhang's family!
The scene was undoubtedly extremely chaotic and shocking. The family was a victim of injustice, but suddenly they were treated like criminals and were brutally pushed to the ground by the police officers one by one.
During the whole process, the police officers' actions seemed so rude and so unbearable. The way they treated the Zhang family was as if they were dealing with some social cancer and criminals, completely ignoring the fact that the Zhang family was obviously the one who was bullied.
The most speechless thing is that these police officers who have illegally arrested people are clearly supposed to be the guardians of the rule of law, but what they have done has become an ugly example of aiding and abetting abuse and violating the law.
5. Echoes of public opinion
As this incident fermented on the Internet, it aroused widespread attention and heated discussions. Soon, the comment area of Kailurong media was drowned out by the accusatory voices of netizens.
"With such a business environment, which entrepreneur would dare to come?" "Cadres at both the town and village levels claim that they don't understand the law, and the police station even arrests people illegally, so why are such cadres still not fired?" "The investigation should be carried out as soon as possible, and it will be delayed for half a year, so that the peasants' land does not need to be planted. "If you don't make decisions for the people, it's better to go home and plant sweet potatoes, such village cadres have completely forgotten their original intentions.
The comments of netizens were heart-wrenching, and they severely denounced the illegal acts of village and town cadres and police in the incident. They questioned whether the local legal environment was still qualified to attract enterprises to invest and set up businesses, and denounced those leading cadres who claimed to "do not understand the law" and should be immediately dismissed from their posts.
Some netizens pointed out that if the investigation team delays too long, then in the spring plowing season, the poor farmers will completely lose the opportunity to work in their own fields.
In the face of such condemnation, the Kailu county government also had to respond. On April 22, Kailu Rong Media issued a circular, saying that "the county attaches great importance to the relevant information released by the media, and a working group has been set up to carry out an investigation, and the results of the investigation will be announced to the public as soon as possible." "
However, this coping notice is tantamount to running counter to the doubts of netizens. Soon, the comment section of Kailurong's media was bombarded as a "fallen zone" - all kinds of doubts and discontents were surging there.
6. Legal Analysis
For this incident, legal scholars also gave their own professional analysis and judgment. He Wenjie, director of the China Legal Sociology Research Association and doctor of law, spoke out on this:
"There is no justification for what the town is doing. He Wenjie bluntly criticized, "These lands were originally wasteland, not naturally formed fertile land, but after years of hard work and investment by Mr. Zhang, it has become what it is now." "
More importantly, the term of the contract signed by the two parties was clearly stated to be 30 years, and the town was absolutely not entitled to charge Mr. Zhang any more fees during the validity period of the contract.
Dr. Ho's words shone with the afterglow of jurisprudence. According to the relevant provisions of the Contract Law, neither party has the right to unilaterally change or terminate the contract signed by both parties during the validity period of the contract, which is the most basic rule of law.
On the other hand, the practice of Jianhua Town, Kailu County, first violated the original contract agreement of 30 years without price increase, and forcibly required farmers to pay high fees; then confidently and openly declared that he "does not understand the law" and ignores the law; In the end, he even instigated the villagers to exercise "self-reliance" and illegally seize other people's property.
From beginning to end, their various deeds are a flagrant violation of and contempt for the "Contract Law" and the "Rural Land Contract Law," which seriously undermine the authority of the rural land contract system and will also greatly weaken the peasants' enthusiasm for land management.
epilogue
This land dispute incident has severely exposed the stubborn problems in law enforcement in some grassroots localities. It is sad that the legal right to contract land has been so arbitrarily overridden, and the dictatorial power of the countryside has been raging in the sun. Village and town cadres openly preach that they "do not understand the law" and lack basic reverence for the legitimate authority of contracts. They act in bureaucratic ways, demand rent in violation of regulations, and blatantly ignore the law. What is even more tragic is that the police, as law enforcers, have instead become a member of the abusive force, and instead of upholding the rule of law, they have arrested people in violation of the law. In the face of doubt, they are justified and have no intention of humility and self-reflection. Even when public opinion condemns, the government only issues notices in response to it, lacking a real sense of accountability.
What do you think about this?