After the hukou moved out, the original package land was rented by the group. Who returned?

Mr. Zhang contracted the land of the villagers 40 years ago.

Later, because of the hukou movement,

No management and management of contracting land,

The villagers 'group is in the form of villagers' resolutions,

Unilaterally decide to recover the contracting land,

And transfer to others to obtain benefits.

So,

Who should the income return?

recently,

The Court of Liuyang City, Hunan Province was tried together,

Disputes of land contract management rights.

Basic case

Mr. Zhang was a villager in a villager group in a town. In 1982, the villagers' groups in the villagers and a total of 11.9 acres of forest land in the group and fir forests were packed to Mr. Zhang's family.

According to the materials remaining in a town forestry system in Liuyang City, in 2008, the villagers' group held a working conference on the reform of the collective forestry system and made "the contractual responsibility letter to maintain the stability of the contractual relationship, and the period was extended to 2052 in 2052 On December 31st, and improve the resolution content of the Family Contract "".

Subsequently, the villagers' group and Mr. Zhang signed the "Family Contracting Operation Contract", which stipulated that the contractual business period from December 31, 2007 to December 31, 2052 was 44 years. In 2012, the People's Government of Liuyang City issued a forest right certificate to Mr. Zhang to confirm that the ownership of the relevant forest land ownership is the villagers' group, the forest land use right, forest or forest ownership, and right to use rights. March 31.

Since September 2011, the villagers' group has transferred the forest land to a company. The circulation period is 10 years. After the turnover period expired, a new circulation agreement was signed. Among them, the circulation income that Mr. Zhang should get was more than 19,000 yuan, but most of them were received by the villagers' groups and refused to pay to Mr. Zhang.

On February 20, 2022, the villagers' group held a meeting to unilaterally formed a resolution to recover the right to recover his mountains and forests. The content of the resolution shows that with the joint discussion of the all member conference, the management rights of Mr. Zhang's forest, land, and fields have been recovered. Because Mr. Zhang's hukou has been moved out for more than 30 years, there should be no management power of mountains, land, and fields. Therefore, Form a resolution. On April 26 of the same year, the villagers' group held a villager meeting again to discuss about the processing matters of Mr. Zhang's territorial land contracting fees and unprecedrated land contract fees. The land contract fee is not allocated.

However, after the contracting forest land, Mr. Zhang moved his household registration out of the original villagers and settled to Liuyang City. The original villagers had no family members of Mr. Zhang's family. After the hukou moved out, the forest land contracted by Mr. Zhang was transferred to others by the villagers' group, but the group could refuse to pay the income generated by the land transfer.

In this regard, Mr. Zhang expressed his dissatisfaction, and he sued the villagers' group to the court in a complaint.

Court decision

The court trial believes that Mr. Zhang's family households obtained the contract management right of the forestry in 1982, and signed the "Family Contracting Contract Book" with the villagers' group in 2008, extended the contracting period until 2052, and in 2012 The forest land applied for the forest power certificate. Therefore, although Mr. Zhang moved his hukou to the city of Liuyang, his land contractual relationship with the villagers 'group was not lifted, and the villagers' groups have always recognized Mr. Zhang’s contracting rights in the form of perfect contracts and paying costs. Mr. Zhang continued according to law. Enjoy the management right of forest land, and then enjoy the income caused by the circulation of forest land.

After the villager group received the income of circulation on behalf of Mr. Zhang, he decided to recover the forest land contract management right of Mr. Zhang's family in the form of villagers' decision, and violated the "People's Republic of China Code" on "the contractor must not recover the contracting land during the contracting period" and "" The Rural Law Contract Law of the People's Republic of China on the Rural Land Contracting Law on the "Land Contracting and Management Rights of the National Conservation of Farmers in the City" was later decided to not distribute the circulation income that Mr. Zhang has not received, violating Mr. Zhang's contracting In the right to operate income, Mr. Zhang asked the villagers' group to refund the request for the contracting of the contract for forest land and should be supported.

Accordingly, the court made a judgment according to law and sentenced the villagers to the villagers' group within 30 days from the date of effectiveness of the verdict.

Judge

"The focus of the case is that after the land contractor moves the hukou out of the collective economic organization, the contractor can recover the contracting land, and whether the contractor can continue to enjoy the right to use and return to the contractor."

The judge of the trial stated that the rural land contracting law amended in 2018 has increased the content of the land contracting operating rights and interests of farmers who enter the city, and clearly stipulates that the contractor shall not be forced to recover the contracting land of farmers entering the city. Therefore, although Mr. Zhang has moved out of the hukou, his forest land contracting relationship with the contractor is still within the contracting period. The income right of the contractor is also inconsistent with the policy orientation of the country's long -term stability of the country's maintenance system.

Source: Liuyang City Court, Guangxi High Court, Shandong Gaofa

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