Just after the rain in the valley, it was supposed to start the spring ploughing season, but I didn't expect that there was a strange "supplementary contracting fee" in Kailu County, Inner Mongolia, the peasants wanted spring ploughing, but they were stopped from allowing spring ploughing, and the peasants were required to pay a large amount of "supplementary contracting fees" first, and they could not plough the fields if they did not pay, what is going on?
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(Video source: Phoenix Weekly)
According to the reporter's understanding, the term of the 5,600 mu of land contracted by the farmers is 30 years, from March 20, 2004 to March 20, 3034, which is now within the contract period.
Moreover, the contract fee has been fully settled in 2022, and the farmers feel that they have paid all the 30-year contract fees and should be protected by the law.
We can see this double victory ranch map, out of a total area of 6,000 acres, only 110 acres are cultivated land.
Villagers told reporters that they contracted the land to raise cattle and grow forage. At that time, most of this land was saline-alkali wasteland, and there was no package of 5 yuan/mu.
In order to grow pasture grass on this land, local farmers have made various efforts to bulldoze, fill in pits, and fertilize the soil, and gradually change this saline-alkali land in 20 years. Before, this piece of land was a pit under one foot, and cars could not enter, so farmers bulldozed, filled the pit, and fertilized the soil, and transported the soil little by little to raise it, and the deepest place was 6 meters.
The contracted farmers put in all their efforts, 10,000 yuan per mu of land, this land was turned into arable land in 2018, and now it is finally time to return it, but the village committee requires the farmers to pay millions of "supplementary contract fees".
Farmers said that now that it is time for spring ploughing, they have already bought seeds, fertilizers and other means of production, and they have already spent their money on it, and they will have to pay 1 million at once, which is really unaffordable!
Yang Hua, secretary of the party branch of Shuangsheng Village, Jianhua Town, Kailu County, said that 20 years ago, this land was indeed a sand pit, with uneven potholes, puddles, and water conservancy facilities.
The secretary of the village branch replied that the money paid was the money for the new watered land, saying that the farmers had to pay for the grassland at the beginning, but now that it has become watered land, they need to pay money.
The reporter asked who gave the notice to the village, and the secretary of the village branch responded that it was a notice from the town, and the village should listen to the town.
Village officials said the farmers now say they have two options: pay the money or terminate the contract. The reporter asked, now is the duration of the contract, the right to operate the land belongs to the contractor, there is no reason for the village to directly terminate the contract, the village party secretary responded: "It doesn't make sense, then I don't understand other laws."
The Land Contract Law stipulates that during the contract period, the contract issuing party shall not take back the contracted land. Obviously, this practice in the village is contrary to the land contract law.
In order not to delay the spring ploughing time, when the peasant households insisted on driving their cars into the fields, they were blocked, and they also threatened to detain the cars if they did not get out of the car, saying that the peasant households were seizing collective land resources
Ji Yunhao, deputy secretary of the Jianhua Town Party Committee, said on the spot, "The land does not belong to you," and some villagers retorted, saying that the 30-year contract has not expired, so why does the land not belong to us?
When the growers heard that the land they had contracted for 30 years and had not expired did not belong to them, they said they could not accept it.
They also called the comprehensive law enforcement personnel to detain the farmers' cars.
The town police station also forcibly summoned the driver of the cultivated land!
Is it reasonable to terminate the contract? This reporter went to the Jianhua town government for further investigation, and the reporter said that during the existence of the contract, the peasant households should not be allowed to cultivate the land? The mayor of the town said that the town did not prevent him from doing it, and that it was a matter for the collective, and they could not control it in the town, and the town did not stop it.
However, some town cadres have gone to the farmland to stop the farmers' spring ploughing and forcibly detained their vehicles. Ji Yunhao, deputy secretary of the town party committee, said that he had stopped you in the morning, and if you didn't listen, you could only detain the car.
Ji Yunhao said that the peasant households were seizing collective resources and grabbing collective land. This statement is difficult for the villagers who contracted the land to accept. In the view of the town government, this land has increased in value from the original barren beach to the current irrigated land, and naturally needs to increase the contract fee.
The reporter asked what was the legal basis for the town to do this? The mayor did not say which law it was.
However, the reporter got a relatively clear explanation from Ji Yunhao, deputy secretary of the town party committee, that there is an article 533 of the Civil Code, called "change of circumstances", which probably means that at the beginning of the contract, the two parties continue to perform the contract for unforeseeable risks in the future and are not major commercial risks, causing damage to the interests of one party.
The town government believes that when the value of the land changes, the situation changes. The barren grassland turned into water and watered, and the village suffered a loss.
He Wenjie, director of the Social Law Research Association of the China Law Society, believes that the change of meadow land into irrigated land in this case is not due to a change in national policy or natural conditions, but is the result of the contractor's hard work. This is because the contractor has taken measures such as mechanical leveling of the land, laying cow dung, digging wells, and purchasing sprinkler irrigation equipment, and improving the wasteland into irrigated land.
The contract also indicates that during the contract period, if Party B repairs roads, drills wells, and connects to electricity, Party A assists Party B in implementation, and the town government will also give a subsidy of 10,000 yuan free of charge.
He Wenjie said that since the contract has this provision, the town government should have expected the village committee to turn wasteland into irrigated land, so the village committee should have foreseen but did not foresee, then this is a commercial risk, and the village committee should bear this responsibility.
The state organs also have relevant legislation to protect the land contracting rights of rural households.
From this point of view, the above actions of the town government are obviously unreasonable. He Wenjie said that the land contract cycle is long, the return on investment is long, and the investors have improved the wasteland into irrigated land after more than ten years of continuous investment, and the recovery of huge costs and the profits due to them should be effectively guaranteed by the law.
Moreover, according to the provisions of the Contract Law, when there is a dispute between the two parties, the two parties should settle the contract through negotiation, rather than using the method of administrative order to force the termination of the contract.
In fact, none of the local contractors showed up, so they were forced to charge a contract fee of 200 yuan per mu. Therefore, the approach of the town government is obviously unreasonable.
The peasants were anxious for spring ploughing, but the town government demanded that they pay money before they could plough the land, and the contradictions between the two sides became bigger and bigger.
In desperation, the villagers had to go to the village committee for help, and it just so happened that the deputy secretary of the town party committee was also in the village committee, and said that if the town government didn't care about the fight, they should go to the public security bureau.
Ji Yunhao said don't ask me about this, I want to ask the secretary of the village party branch, and the villagers said that he asked, but the secretary said that he didn't understand the law, and Ji Yunhao also said that he didn't understand the law.
Growers said that we are now only looking forward to planting the land as soon as possible, and the matter will be solved after planting, after all, time waits for no one, otherwise the yield will be reduced after time.
Farmers said that no matter who the land is contracted to or forcibly repossessed, they must also state which law it is based on. The most urgent task now is to plant the land.
In the editor's view, the two sides should sit down and negotiate and discuss, instead of using coercive means to prevent farmers from cultivating the land. Wasteland has become irrigated land, the value of land has increased, and the village wants the farmers to pay the contract fee, so should it also compensate the farmers who have contracted the land for more than ten years?