On April 18, in the "Tianping Cup Shooting" competition organized by the People's Court News Media Headquarters, the Municipal Intermediate People's Court and the Yandu Court jointly filmed "Land Contracting Leads to Disputes, Judges Resolve Conflicts", which was simultaneously promoted by the WeChat public account and official Weibo platform of the Supreme Court and the People's Court Daily.
▼ WeChat public account of the Supreme Court
▼ The official Weibo of the Supreme Court
▼ "People's Court Daily" WeChat public account
▼ The official Weibo of "People's Court Daily".
Recently, a dispute over the right to contract and operate rural land was sued to the Yandu District People's Court of Yancheng City, Jiangsu Province. Considering that this case has a certain typical significance, in order to improve the effect of using cases to explain the law and popularize the law among the whole people, the judges of the Qinnan People's Court of the Yandu District People's Court decided to move the trial site to the village department and carry out a circuit trial.
Judges go into the towns and villages under their jurisdiction to carry out roving trials.
In 2013, Zhu leased the contracted land to Zhang to engage in shrimp and crab breeding through a third party, the village committee of Baokui Village, Qinnan Town, Jiangsu Province, and the village committee paid Zhu land rent every year according to the registered area. A few years ago, when the land rights were confirmed again, Mr. Zhu found that there was a discrepancy between the area of land registered on the newly issued certificate and the area of land for rent. After several negotiations to no avail, Zhu sued Zhang in court, demanding that he pay the rent for the difference in the area owed in the 10 years from 2013 to 2023.
At the scene of the trial, the judge carefully reviewed the evidence submitted by all parties and found that the defendant Zhang and the village committee had signed a collective contract, and did not specify the specific acres of land for each household, nor did he sign a separate contract with the plaintiff Zhu. The village committee explained the discrepancies in the area of land contracted by Zhu and provided relevant evidence.
Circuit trial scene.
Villagers came to observe the trial.
The focus of the dispute in this case was whether the defendant owed the plaintiff land rent. "Zhang, as the lessee, paid all the rent to the third party of the trustee, that is, the village committee, in accordance with the lease contract, and the actual rent you collected is inconsistent with the area on the certificate of contracting and operation right, and the responsibility should not be borne by Zhang. "The judge recommended that the parties go to mediation. In the end, Zhu clarified the relevant liability relationship, and also recognized that Zhang had indeed paid the rent in accordance with the contract, and withdrew the lawsuit.
"How should I assert my rights in the future?" The judge and the people's mediator accepted the legal advice of the plaintiff Zhu on the spot, and explained to the masses the methods for preventing and resolving common agriculture-related disputes. A circuit trial not only unravels the knot between the parties, but also provides a vivid and effective model for resolving the same type of land contract disputes in the jurisdiction.
The plaintiff withdrew the lawsuit, and the two parties shook hands and made peace.
Judges explain to the masses the methods for preventing and resolving common agriculture-related disputes.
Contributed by Yao Shanwei
Editor: Tang Zhixing