Examples of land occupation complaint (1) Plaintiff XXX (pseudonym): male, 53 years old, ID card, four groups of villagers in XX Village, XX Town, XX County, Jilin Province. Address: Group 4, XX Village, XX Town, XX County, Jilin Province.
Defendant village committee: village committee of XX village, XX town, XX county, Jilin province.
Address: XX Village, XX Town, XX County, Jilin Province.
Legal Representative: Deng XX, village head.
Defendant Li XX (pseudonym): male, 48 years old, a villager from Group 4, XX Village, XX Town, XX County, Jilin Province. Address: Group 4, XX Village, XX Town, XX County, Jilin Province.
ask
1. Confirm that it is illegal for the defendant's village committee to recover the contracted land;
2. Confirm that the land contract agreement signed by the defendant's village committee to Li XX (pseudonym) is invalid;
3. Require the two defendants to stop the infringement and restore the original state, and the two defendants shall be jointly and severally liable for compensation of RMB;
4. Defendant Li XX (pseudonym) compensated the plaintiff for medical expenses of 2000 yuan;
5. All litigation costs in this case shall be borne by the two defendants.
Facts and reasons
The plaintiff is a villager from Group 4, XX Village, XX Town, XX County, Jilin Province. When the household contract responsibility system is implemented, XXX (pseudonym) gets 0.84 hectares of contracted land. Due to various reasons such as family planning, the land has not been directly cultivated since XX years. In the second round of land extension, XXX (pseudonym) and Lin Fuhe lived in the same room, and the village Committee signed the land contracted by XXX (pseudonym) to Li XX (pseudonym). The defendant illegally deprived the plaintiff of the legal contractual management right, which caused huge losses to the plaintiff.
1. The defendant's village committee deprived and illegally restricted the plaintiff's land contractual management right.
According to Article 5 of People's Republic of China (PRC) Rural Land Contract Law? Members of rural collective economic organizations have the right to contract rural land contracted by the collective economic organizations according to law. No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. ? The plaintiff has the right to contract the provisions of the collective economy.
No organization or individual may deprive or illegally restrict the rural land contracting right contracted by economic organizations. However, compared with the model divorce appeal. The plaintiff has lost the legal contractual management right of 0.84 hectares of land since XX. In the second round of land extension, the village committee signed the land that the plaintiff should continue to contract to Li XX (a pseudonym) in violation of regulations, which caused the plaintiff to lose the land contractual management right for many years and brought huge losses to the plaintiff. The plaintiff petitioned the village, township and county many times, but never solved the problem of land management right.
The Emergency Notice of the General Office of the State Council on Properly Resolving the Current Rural Land Contract Disputes (Guo Ban Power Generation [2004] No.21) clearly states? Farmers have the long-term and stable land contractual management right endowed by law. During the statutory contract period, no organization or individual may interfere with farmers' autonomy in production and operation, and may not illegally adjust or recover contracted land. I heard that diet therapy for diabetes. The contracted land shall not be forcibly transferred against the wishes of farmers, and the contracted land shall not be illegally occupied. We must conscientiously implement the second round of package extension policy. Where the second round of package expansion has not been carried out or the second round of package expansion has not been completed, it is necessary to seriously organize and complete the package expansion work in time, confirm the right according to law and accurately reach the household. ? According to the arbitration award, due to various reasons such as family planning, this area will no longer be directly cultivated after XX years. ? The relevant administrative departments failed to find out the root cause of the plaintiff's loss of the contracted land management right, and whether the defendant's village Committee recovered the land management right legally, whether it infringed the plaintiff's legal rights, which was an administrative omission and failed to safeguard the plaintiff's legitimate rights and interests.
Second, the facts identified in the ruling of the case of land ownership dispute between villagers XXX (pseudonym) and Li XX (pseudonym) in XX village, XX town are incorrect.
1. The defendant's village committee cannot actually file an administrative appeal on the grounds that the plaintiff lives with Li XX (a pseudonym). Illegal transfer of the plaintiff's legal rights to Li XX (a pseudonym)
On 20XX1February 2 1 day, the Bureau for Letters and Calls of XX County, the Rural Collective Assets Administration Bureau of East Africa County and the People's Government of XX Town of East Africa County jointly ruled on the case of land ownership dispute between XXX (a pseudonym) and Li XX (a pseudonym) in XX Town. What was stated in the ruling? This land has not been directly cultivated since XX. During the second round of land extension, XXX (pseudonym) and Li XX (pseudonym) lived in the same house, and failed to claim their rights according to law and obtain the second round of land contractual management rights. The village Committee signed the land to Li XX (a pseudonym). ? Because the household contract system is contracted by farmers' families, not individual farmers, it cannot be illegally deprived of their land contractual management right just because XXX (pseudonym) and Li XX (pseudonym) live in the same house, nor can it be transferred to Li XX (pseudonym) just because Li XX (pseudonym) and XXX (pseudonym) live in the same house. It is illegal for the defendant's village Committee not to organize and complete the extension work in time and seriously, and not to confirm the right according to law and arrive at the home accurately. Actually how to treat diabetes. The plaintiff asked the court to correct the illegal behavior of the defendant's village Committee according to law.
2. The defendant village committee claimed that the plaintiff did not claim the contracting right to the village committee, and the defendant village committee should bear the burden of proof.
In the ruling, the first item was ruled: In view of the above facts, according to the provisions of the Supreme People's Court Municipality on Several Provisions on Evidence in Civil Proceedings, XXX (pseudonym) did not claim the land contracting right to the village committee while knowing the second round of land extension, which was regarded as its own waiver of the land contracting right and did not support XXX's claim to acquire the original round of contracted land? . This ruling is wrong.
According to Article 29 of People's Republic of China (PRC) Rural Land Contract Law? During the contract period, the contractor may
Willing to return the contracted land to the employer. If the contractor voluntarily returns the contracted land, it shall notify the employer in writing six months in advance. If the contractor returns the contracted land within the contract period, it shall not request the contracted land again within the contract period. ? And Article 10 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Rural Land Contract Disputes? If the contractor's return of the contracted land does not conform to the procedures stipulated in Article 29 of the Rural Land Contract Law, it shall not be deemed as voluntary return. ? This clause stipulates that the plaintiff voluntarily returned the contracted land without notifying the contract awarding law in writing, so it cannot be considered that the plaintiff gave up the land contracting right. Moreover, the second round of land extension is to continue the land contracting right of the original contractor. Of course, the plaintiff enjoys the land contracting right and does not need to apply again. The defendant's village Committee deprived the plaintiff of the right to contract land management on the grounds that the plaintiff did not apply for land contract, which had no legal basis and was an illegal act of arbitrarily disposing of the plaintiff's legal rights. Judgment? The plaintiff's failure to claim the right to contract with the defendant's village committee is regarded as giving up the right to contract land? There is no legal basis and it is a wrong ruling. According to Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the plaintiff has the right to contract the land in his village. If the defendant's village committee claims that the plaintiff has given up the land contracting right, the defendant's village committee should bear the burden of proof instead of XXX (a pseudonym).
3. The defendant's village committee shall be liable for civil compensation.
1) according to article 53 of the rural land contract law of People's Republic of China (PRC)? Any organization or individual that infringes upon the contractor's right to contracted management of land shall bear civil liability. ? , the provisions of article 54? If the employer commits any of the following acts, it shall bear civil liabilities such as stopping the infringement, returning the original property, restoring the original state, removing obstacles, removing dangers, and compensating for losses: (2) taking back or adjusting the contracted land in violation of the provisions of this Law; (six) to recover the contracted land to offset the arrears; (eight) other violations of the right to contracted management of land. ? In this case, the defendant's village Committee took back the contracted land for illegal reasons, which infringed on the plaintiff's right to contracted land management and should bear civil liability.
2) The village committee deprived the plaintiff of the legal management right from XX, and subcontracted the 0.84 hectare contracted land enjoyed by the plaintiff to calculate the compensation amount.
XX year 65438+1 October 1 to XX year 65438+1October1day 500X4=2000 yuan.
1 9x65438+10 month1to 20XX 65438+ 10 month 1 XX00X 10= yuan.
20xx65438+1 October1to 20xx65438+1October1800x5 = 9000 yuan.
20xx65438+1 October1to 20xx65438+1October 1 2500X6= yuan.
Total yuan.
Therefore, the village Committee should bear Yuan's compensation.
3) The plaintiff asked the defendant Li XX (a pseudonym) to return to the contracted land, but the defendant ignored the plaintiff's legal rights, and the plaintiff and the defendant had a fierce quarrel, which led to the plaintiff's heart attack, and the plaintiff compensated the medical expenses of 2000 yuan. The plaintiff demanded that the defendant Li XX (pseudonym) bear the tort liability and compensate the medical expenses of 2000 yuan.
4. Confirm that the contract agreement between the defendant village committee and the defendant Li XX (pseudonym) about the disputed contracted land is invalid, and immediately return the disputed contracted land to the plaintiff.
According to the provisions of Article 6 of the Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Rural Land Contract Disputes, the agreement between the two defendants on land contract disputes should be immediately confirmed invalid, and the land under the agreement should be returned to the plaintiff.
I am here to convey
People's Court of XX County, Jilin Province
Tangible person: XXX (pseudonym)
20xx year 1 month 10 day
Examples of complaints about land occupation (II) Plaintiff: villagers (65,438+0,268) in Jinjing (Xia) Village, jinjing town, Jinjiang City (see attached table for signatures, roster and power of attorney of villagers who have the right to vote and stand for election).
Agents ad litem (5 persons, with identification):
1, Cai Xiumian, male, Han nationality, 78 years old, village representative, ID number: XXX.
2. Cai, male, Han nationality, 79 years old, village representative, ID number: XXX.
3. Cai Liangong, male, Han nationality, 77 years old, village representative, ID number: XXX.
4. Cai Junjin, male, Han nationality, 66 years old, village representative, ID number: XXX.
5. Cai Junzu, male, Han nationality, 64 years old, village representative, ID number: XXX 1.
Address of the above litigation representative: Jinjing (Xiacun) Village, jinjing town, Jinjiang City.
Defendant: jinjing town People's Government of Jinjiang Address: Government Building, Zhongxin North Road, jinjing town, Jinjiang,
Requested item
1. Request the people's court to order the defendant to stop the infringement and return the occupied land collectively owned by farmers in Jinjing Village (Xiac Natural Village) (local name? Hai Wei? 、? Xinjie South? 、? Crossing the harbor? The sum of the three parts) covers an area of 297.3 mu (the four plots are: east to the beggar's tomb, west to Xiake Port; South to the original saltworks unit 5-6; North to the bank of flood drainage ditch, see the evidence list for detailed sketch and site map). Can not be returned, according to the law to compensate farmers for the losses caused by land loss (the amount is calculated according to the evaluation price);
2. The litigation costs in this case shall be borne by the defendant.
Facts and reasons
Plaintiff villagers have lived on cultivated land for generations, since the Republic of China? Hai Wei? 、? Xinjie South? 、? Crossing the harbor? Wait for three fields to cultivate. 1965 the original jinjing commune opened? Saltworks? Jinjing saltworks is a collective-owned enterprise run by social organizations. Borrow? Part of the farmland in this land in our village has been reclaimed. During the period of 1970, a potassium chloride factory and a livestock pond were built. Borrow? Another part of the cultivated land in our village (the villagers in our village didn't agree at that time, and the commune leaders arranged for the villagers to work in the saltworks to ease the contradiction) reached 1994, occupying 297.3 mu of cultivated land. The land above? Borrow? Without land use agreement and legal procedures, they forcibly uprooted young crops and crops on the land by administrative coercion, arrested farmers in our village (witness testimony of the arrested villagers was attached at that time), and forcibly? Borrow? . Starting from 1997, the defendant jinjing town government planned to change the plot of Jinjing saltworks to other industrial enterprises, and the saltworks were closed, so it was supposed to return all the cultivated land owned by farmers in our village, but the defendant refused to return it for various reasons.
It is understood that the jinjing town municipal government will collectively own the farmer's agricultural arable land (famous for its soil? Hai Wei? 、? Xinjie South? 、? Crossing the harbor? What is the sum of the three parts? Tidal flat? (For details, see document [2005]No. 185, with evidence attached), falsely claiming and requisitioning, and in1August 997 16? Expropriation? According to the land management law, state-owned land only needs? Change? There is no proof that the land is collectively owned by farmers for the purpose of expropriation. ) Agricultural arable land is 297.3 mu. At present, 1 1 enterprises, including Seven Wolves, have built factories or planned to build houses on this plot in our village, and the jinjing town administrative office center building (with magnificent appearance and photos) has also occupied land for free, and the project under construction is under construction.
In order to survive, the landless villagers appointed villagers' representatives to petition the people's governments of Jinjiang City, Quanzhou City and Fujian Province many times before and after, and they went to Beijing to petition at the end of last year and were persuaded to return. Under the correct guidance of the visiting cadres of the people's government at a higher level, the plaintiff filed a lawsuit in accordance with legal procedures and safeguarded the legitimate rights and interests. On March 23, 2007, the plaintiff entrusted a lawyer to the Jinjiang Municipal Bureau of Land and Resources for investigation and evidence collection. Upon inquiry, the cadastral map filed in the cadastral department shows that the land belongs to the peasant collective. At the same time, the evidence to prove that the land belongs to the villagers' collective includes the original land certificate, the relevant certificate of paying agricultural tax to the state (as of 2002), and Yang Siru, then Minister of Armed Forces of jinjing town (it is confirmed that they mainly planned and built it? Jinjing saltworks? The cultivated land within the four boundaries of Xia Bing Village is really used), Zeng Huanzong, Zeng Wenji, director of the town-run enterprise saltworks, and Cai Renshun, successive (seven) village party secretary of Xia Bing Village (relevant evidence is attached). At the same time, all the original land certificates of the villagers in Xia Bing Village of this cultivated land and the relevant certification materials for paying public grain and agricultural tax over the years are still in Jinjiang Land and Resources Bureau, Jinjiang Finance Bureau and jinjing town Finance Office.
The defendant illegally occupied the land collectively owned by farmers in Jinjing (Xiac) village (local name? Hai Wei? 、? Xinjie South? 、? Crossing the harbor? The sum of the three parts) *** 297.3 mu, four plots: east to the beggar's tomb and west to Xiake Port; South to the original saltworks unit 5-6; North to the river bank flood drainage ditch, covering an area of ***297.3 mu. The defendant transferred it to Fujian Qipilang Industrial Co., Ltd., Fujian Huayuan Fiber Co., Ltd. and other enterprises at a price ranging from 0/.3-220,000 yuan per mu, and the plaintiff's compensation for farmers' lost land was not paid at all.
According to Article 19 of the Provisions on Determining Land Ownership and Use Rights issued by the State Bureau of Land Management on July 16, 2004, the land allocated to farmers and issued with land ownership certificates during land reform belongs to farmers' collectives, and according to relevant evidence materials such as physical evidence and witness certificates, the agricultural land belongs to farmers' collectives in our village, and no other unit or individual may illegally occupy it.
In accordance with the second paragraph of Article 8 of the Land Administration Law of the People's Republic of China, Article 10, Article 74, Paragraph 3, Article 1 17, Article 134 of the General Principles of the Civil Law of People's Republic of China (PRC), and in accordance with Several Provisions of the Supreme People's Court on Implementing this Law, General principles of the civil law of People's Republic of China (PRC) in order to protect the land ownership of all 1700 villagers in our village from illegal occupation, according to the provisions of Article 108 of the Civil Procedure Law of People's Republic of China (PRC), we hereby sue and request the people's court to make a ruling on the principle of serving the people according to law.
I am here to convey
Jinjiang people's court