"If you want to collect money, I'll collect money"
"I will collect money if I ask for it", the words of the village cadres of Kailu County, Inner Mongolia, have refreshed our cognition.
This article explains the matter thoroughly, explains, and analyzes who is right and who is wrong from a legal perspective.
You have to pay 1 million yuan before you go to the land! The peasants are in a hurry.
In April, it was a good time for spring plowing and sowing, but the land contractors in Kailu County were in a hurry.
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It turned out that the town and village cadres suddenly jumped out and said that they had to pay 1 million yuan to farm, and if they didn't, they would tear up the contract. What is this like for the village cadres, isn't this the county master in Goose City?
At that time, no one contracted the land, and no one wanted 5 yuan per mu.
Speaking of this, we have to start from more than ten years ago. At that time, more than 10 villagers in Shuangsheng Village signed a 30-year land contract with the village, and more than 6,000 acres of saline-alkali wasteland were contracted. At that time, it was only 5 yuan per mu of land per year, and no one wanted to ask for it!
But these villagers, relying on their diligence and wisdom, turned this barren land into a water field where corn can be grown.
When it began to make a profit, a notice came, adding 200 per mu to plant.
Finally, in 2022, the corn grows very well, with a yield of 1,800 catties per mu! These villagers were happy, but a notice suddenly came from the village, saying that they had to pay another 200 yuan per mu of land every year! Isn't this a clear robbery?
Those village and town cadres are even more arrogant.
Those village and town cadres are even more arrogant. The village cadres shouted directly: "If you want to collect money, you will collect money, I won't talk to you about the law!"
The town leader also said aggressively: "This land doesn't belong to you now, you are robbing the collective land!"
"Turning grassland into arable land" seems to have become a handle.
The attitude of the villages and towns is very clear, first, the above requirements, the new cost is called "new water and land watering money". Second, the use of contracted land has changed, it was grassland at the beginning, and now it is arable land, of course, you can charge more!
The right to interpret legal provisions does not belong to the village, town, or county.
Hey, that's easy to say, but they forget that the law is not up to them! Unless, the power to interpret the law does not belong to the courts.
Article 533 of the Civil Code: If the basic conditions of the contract change, the contract can indeed be terminated.
Here comes the point, let's take a look at Article 533 of the Civil Code of the People's Republic of China. This clause is very clear, and basically means: after the contract is concluded, if the basic conditions of the contract change, and it is a major change that the parties cannot foresee, resulting in a loss to one party, then the contract can be terminated.
Article 533 of the Civil Code has prerequisites for lifting.
But here comes the point, this premise of "unforeseeable" has to be established! When signing a contract, the village committee should have foreseen but failed to foresee, and the village committee should bear responsibility. Now this one is obviously untenable!
The conversion of grassland into cultivated land is foreseeable or foreseeable.
Friends who like to raise the bar can check it on the Internet, what is foreseeable and what is unforeseeable.
For such a long time in the contract, the grassland is turned into cultivated land, which is foreseeable or should be foreseen, but the village committee did not foresee it, and it needs to bear the consequences on its own. Therefore, the fault is not with the contracted farmers.
If you want to add money, you have to negotiate with the other party.
Besides, even if the contract is to be terminated, according to Article 533, paragraph 1 of the Civil Code, "the adversely affected party can renegotiate with the other party", which means that even if the village committee has an idea, even if it wants to make money, it has to discuss with the contractors, and the consent of the other party is required, how can they be forced to pay 1 million?
It is obviously inconsistent with this law, and this is simply a matter of being unable to see what is in sight, power is greater than the law, and competing with the people for profit! Such cadres really make people laugh and cry!
Conclusion: adding 1 million on the grounds of "grassland to cultivated land" is simply untenable.
So, ah, this matter, who is right and wrong, at a glance. Those village cadres, let's wake up quickly, stop using "letting people collect money from above" as an excuse, and stop talking about "turning grassland into cultivated land".
It's a good thing to change the farmland, and it's good if you don't ask for a reward.
Stop, this is a society governed by the rule of law, and the law is not up to you!