Circulation
Cases of illegal land transfer on second-class forest land
(1) Basic facts of the case
Mr. Wang signed a "Contract for the Circulation of Rural Land Contracting and Management Rights" with an economic cooperative, which involved a piece of land with an area of 24 acres. The contract stipulates that Wang will transfer the contracted rural collective land to the economic cooperative for the landfill treatment of construction waste and the leveling of the mountain farm, and the circulation period is set at three years, and the annual circulation fee is 36,000 yuan.
However, shortly after the contract was signed, the local town forestry station conducted a land nature review and found that the plot was actually a second-class forest land stipulated by the state, and it was entitled to corresponding protection measures in accordance with the law, and the land use could not be changed at will, especially for the landfill of construction waste. In the face of the notice of the forestry station, the economic cooperative realized that the contract violated the law and could not continue to perform the terms of the contract, so it took the initiative to contact Wang and put forward a request to terminate the contract. However, Wang expressed dissatisfaction with this, believing that once the contract is signed, it will have legal effect, and the economic cooperative should fulfill its contractual obligations and pay the corresponding land transfer fees. The negotiation between the two parties failed, and Wang finally chose to resolve the dispute through legal means, and sued the economic cooperative to the court, requiring it to pay 36,000 yuan in land transfer fees according to the contract.
(2) Handling opinions
After hearing the case, the local court held that the transfer of land contract management rights must comply with laws and regulations and protect the rational development and sustainable use of land resources. The agreement in the contract that the land is used for construction waste landfill is invalid because it has not been legally approved and both parties have no waste disposal qualifications, which violates the mandatory provisions of the law. In view of the short time after the contract was signed and the land was not actually occupied, the court did not support Wang's claim for payment of land transfer fees, and finally rejected Wang's claim.
Second, the court's rejection of Wang's request for payment of land transfer fees reflects the strict handling of the consequences of the invalidity of the contract. The invalidity of a contract means that all claims based on that contract cannot be supported by law. This is an important reminder for all parties involved in land transfer: before signing a contract, it is necessary to ensure the legality of the content of the contract, including but not limited to the legal change of land use, the satisfaction of the qualification requirements of the parties, etc. This not only protects land resources from illegal infringement, but also maintains the stability of the market economic order and prevents market chaos and waste of resources caused by illegal contracts.
Finally, the judgment in this case puts forward higher requirements for the rational use and protection of land resources. The rational use and protection of land resources is not only a requirement of the law, but also the responsibility of every citizen and organization. The court's judgment emphasizes the principle that land use cannot be changed without approval in accordance with the law, which is not only a case of handling, but also a call for the whole society to strictly abide by laws and regulations in the process of land circulation and use, and jointly safeguard the sustainable use of land resources.
(3) Summary of views
1. The circulation of land contracting and operation rights is an important way to achieve the optimal allocation of land resources, but it must strictly comply with the "Rural Land Contracting Law of the People's Republic of China" and other relevant laws and regulations. The parties to the contract shall ensure that the transfer does not violate the overall land use plan and the land use control system, otherwise the contract may be invalid due to violation of the mandatory provisions of the law. This requires the parties to conduct adequate legal review and risk assessment before entering into a contract.
2. Land use change is a complex process involving national land resources management, urban and rural planning, environmental protection and other laws and regulations. According to the Land Management Law of the People's Republic of China and other relevant laws and regulations, land use changes must go through a strict approval process to ensure the rational use and effective protection of land resources. The approval process for land use change is an important legal mechanism to ensure the legal, compliant and orderly use of land resources, which is of great significance for maintaining the order of land management and promoting the sustainable use of land resources. If the change of land use is not approved or not implemented in accordance with the approved requirements, it may not only lead to the invalidity of the land transfer contract, but also may face administrative penalties, and if the circumstances are serious, it may even constitute a criminal offense such as illegal occupation of agricultural land, and bear corresponding criminal liability.
3. The invalidity of the contract means that the contract does not have legal effect from the beginning, and all claims based on the contract cannot be supported by law. Therefore, it is crucial to ensure the legitimacy of the content of the contract. Before signing a contract, the parties should conduct a full legal review to assess whether the terms of the contract comply with the law and whether there is a legal risk that the contract will be invalid. At the same time, in the process of performing the contract, the parties should also strictly abide by the provisions of the law to avoid the contract being declared invalid due to illegal acts. If the contract is declared invalid, the parties should take timely measures, such as resolving the dispute through negotiation or seeking legal means to protect their legitimate rights and interests, so as to reduce the losses caused by the invalidity of the contract.
Relevant Legal Provisions/ Further Reading
Land Administration Law of the People's Republic of China
Article 4
The State implements a land-use control system.
The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.
The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including land for urban and rural residential and public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism, land for military facilities, etc.; Unused land refers to land other than agricultural land and construction land.
Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.
Article 25 (1).
Amendments to the approved land use master plan shall be subject to the approval of the original approving authority; Without approval, the land use determined in the overall land use plan shall not be changed.
People's Republic of China Rural Land Contract Law
Article 11
Rural land contracting and management shall comply with laws and regulations to protect the rational development and sustainable use of land resources. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.
The State encourages the increase of input to land, the cultivation of soil fertility, and the enhancement of agricultural production capacity.
Forest Law of the People's Republic of China
Article 11
The right to use the following forests, woods and forest lands may be transferred in accordance with the law, and may also be used as shares in accordance with the law or as capital contributions and cooperation conditions for joint ventures, cooperative afforestation and forest management, but the forest land shall not be changed into non-forest land:
(A) timber forests, economic forests, charcoal forests;
(B) timber forests, economic forests, charcoal forests of forest land use rights;
(3) The right to use timber forests, economic forests, and charcoal forests on felling sites and burned sites;
(4) The right to use other forests, woods and other forest lands as prescribed by the State Council.
In accordance with the provisions of the preceding paragraph, the transfer or purchase of shares at a price, or as a capital contribution or cooperation condition for joint ventures, cooperative afforestation or forest management, the forest felling license that has been obtained may be transferred at the same time, and both parties to the transfer must comply with the provisions of this Law on forests, forest felling and reforestation.
Except as provided for in the first paragraph of this Article, the right to use other forests, woods and other forest lands shall not be transferred. The specific measures shall be formulated by the State Council.
Criminal Law of the People's Republic of China
Article 324
Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine.
