Land disputes that lasted more than ten years finally reconciled

In this seemingly simple words, behind it is the original intention of the judiciary of the procuratorate of Weihai City and Rongcheng City in Shandong Province and the wisdom of the united resolution of disputes in the upper and lower parties. Recently, the two -level procuratorate lasted more than three months. Through more than ten on -door communication, repeated intermediary coordination, and held a hearing meeting to form a resolution, eventually promoted a reconciliation agreement for many parties, and the applicant Li took the initiative to withdraw the supervision application. At this point, the land disputes that lasted more than ten years were substantially resolved.

Land development, collection compensation caused controversy

In January 2001, Li contracted 28.8 acres of wasteland in a town and handled the "Certificate of Rights of the Land". Later, he dug fish ponds and plant fruit trees on the land. In 2012, in order to develop investment projects for the development of the economy, a part of the land intended to collect a part of the land, and the land contracted by Li was listed. Li believes that the amount of compensation given by the town government has not been negotiated with the town government. Later, in the case of Li, a town government recruited part of the land in the case of Li, and then transferred the land to a company through the "bidding and shooting" process. It wasn't until a company sued Li and asked Li to move away that Li learned about it. In June 2021, Li Mou filed an administrative lawsuit to the Rongcheng Court, demanding that the city's Natural Resources Bureau issued a non -active property certificate issued to a company.

According to the trial of Rongcheng City Court, the land leased by Li was requisitioned and had the right to get corresponding compensation according to law. A company was a third party in good faith, and its legitimate rights should be protected. Therefore The regulations stipulate that the Rongcheng Natural Resources Bureau will take remedial measures for some of the land requisitioned by Li within 60 days of the judgment. Li did not accept the verdict and appealed to the Weihai Intermediate Court. The court of the second instance held that Li had lost the qualifications of the plaintiff's subject, but he enjoyed the right to claim compensation. He could realize the right through the method of compensation required by the subject, and then decided to reject Li's appeal. Li was not convinced, and he was rejected after the retrial application.

In November 2021, Li applied to the Weihai Procuratorate for supervision. After the study of the institute, it decided to start the integrated case handling mechanism and handle the case with Rongcheng Procuratorate.

Restore the case and find the combination of contradictions to resolve

Subsequently, the prosecutors of the Procuratorate of the Weihai and Rongcheng Procuratorate repeatedly surveyed the attachment of the ground belonging to Li to understand the compensation situation, and listened to Li's demand. At the same time, through visiting the town government, the case is fully restored, and the contradictions are found. The prosecutor learned that during the land acquisition, Li asked to compensate more than 100 million yuan in compensation on the ground, and the town government believed that the compensation amount was too high, and the price should be compensated according to the actual assessment price. Because Li was very dissatisfied with the town government's approach, he always refused to move away, which led to the increasing contradictions between the two sides. In the end, both parties refused to communicate again.

"The court's judgment is not improper. The substantive resolution of the dispute in the case is not only to solve the compensation amount, but more importantly, to open the knot of the two parties." After determining the idea of ​​this case, the prosecutor began to guide the two parties to communicate rationally. When negotiating for the first time, Li refused to give up on the amount of compensation, and his attitude was determined. The prosecutor learned from his family that his long -term land dispute caused Li to be unable to operate normally. In order to ask for compensation, Li had been in debt, and more than ten years of running even put his family in trouble. In recent years, there has been no normal communication and consultation between Li and the town government. In the meantime, a company applied for the court to enforce Li Mou to move away, and the contradictions between the three parties continued to intensify. At the same time, with the development of the construction project, the town government may also need to levy Li's remaining land in the future. The analysis of the procuratorial organs believes that it is the best solution to compensate all the land for land acquisition at this time. The key to achieving this result is to promote the rational communication and consensus of Li and the town government.

To this end, the procuratorial organs decided to first do Li's ideological work and showed to Li's required compensation. There is indeed an illegal part of the compensation. Give more energy, manpower and financial resources. After repeated work of the prosecutor, Li's mentality gradually shifted from confrontation to cooperation, but he still insisted that the compensation amount he proposed refused to give up.

In order to liberate the masses, governments, and enterprises from the trouble of administrative disputes as soon as possible, the Weihai Procuratorate gave guidance and help in a timely manner, and the prosecutor of the two -level procuratorate reorganized the resolution plan and communication strategy.

Re -evaluate, determine the compensation plan to resolve disputes

The prosecutor came to communicate with Li again. Prosecutors clearly pointed out that Li's request for income and lawyers' fees are not within the scope of compensation stipulated in the law, and explained to Li again on relevant laws and policies. This time, Li was touched by the prosecutor's sincerity of the prosecutor of the two -level procuratorate, and rationally and seriously treated the prosecutor's words, and decided to give up unreasonable psychological expectations, hoping to completely solve the problem with the help of the prosecutor.

On the other side, at the beginning of the communication with the town government, the town government proposed to refuse high compensation due to funding issues. The prosecutor informed the town government in the process of levy. The liabilities are tired, and the town government should bear the corresponding responsibilities. At the same time, the prosecutor was affectionate, and he was reasonable, and asked the town government to fully consider Li's family situation and give appropriate assistance. In the end, the town government agreed to give Li a compensation within the reasonable scope of the evaluation results. Through three months of negotiation, more than ten discussions, and repeated guidance, communication, and coordination, the two parties basically recognized the prosecutor's plan to set the scope of compensation based on the evaluation price. Because the town government was based on the results of the evaluation three or four years ago, the compensation at that time was indeed low. Considering Li's actual situation, the prosecutor and the town government negotiated and re -evaluated. In order to ensure the fairness and justice of compensation, under the joint promotion of the two -level procuratorate of Weihai and Rongcheng City, a public hearing hosted by the Weihai Procuratorate was held in the town government on July 22 this year. Lawyers, government personnel and other people were invited to participate in the hearing.

At the hearing, the prosecutor of the two -level procuratorate in -depth clarification of the demands of both parties, explaining the interpretation of the dispute points, and putting forward suggestions on the solution. With the efforts of many parties, both parties made concessions and agreed to compensate according to the latest evaluation. Li agreed on the spot that the proposal made by the procuratorial organs reached a settlement with the town government, and recently voluntarily withdrew the application for supervision.

(Source: Procuratorial Daily Author: Kuang Xuebo Xian Qiang Qi Yi Yu Yu)

- END -