Land rental fee and reason

【Dispute background】

In recent years, in order to maximize the benefits of rural land, rural land circulation in Ganzhou District is relatively common, and towns and villages have different degrees of land collective circulation or personal contracting. Land rental fees have risen. Thousands of six or eight hundred, less than seven or eight hundred. Due to the increasing disputes in land contracting, it has become a difficult point in the governance of grassroots governance in rural rejuvenation. This case is a typical land contract dispute. In the picture is the scene of Cao Moumou, a club of Pixian Village, Shajing Town, Ganzhou District. But two months ago, he had a lot of disputes on the place of this place.

In March 2015, Cao Moumou and Yang Moumou, a 400 -acre land lease contract of 10 years of land lease contracts, signed a 10 -year land lease contract of 10 years. Mou proposed to increase the rental fee, and Cao Moumou disagreed, and Cao Mou had repeatedly blocked the water. At the time of spring farming in 2022, the two parties still held each other because of the land rent. In the same way, Cao Moumou asked for mediation to the Shating Town People's Mediation Committee.

【Case Analysis】

To avoid the deterioration of the situation

At more than 4 pm on March 28, 2022, Hu Guoqing, the People's Mediation Committee of Shajing Town and the mediation agent of the mediation room, received a call from the party Cao Moumou, reflecting that when he was farming on the East Forest Farm, all the land of the land Yang Yang Someone gathered people to find people to find troubles due to rising rents. Now there are dozens of people on both sides.

After receiving the phone call, Hu Guoqing said to Cao Moumou, "Don't come, we come, we come right away." He quickly reported to the town leader and quickly rushed to the scene with his colleagues. Twenty minutes later, Hu Guoqing and others rushed to the scene. Seeing dozens of people were holding together, holding the farm and other agricultural customs, noisy, the scene was particularly chaotic, the situation was severe, and the situation was about to start. Immediately step forward, "Everyone is scattered first, and there is something to say one by one, we come to the town to deal with it." When everyone heard that it was a person in the town, they stopped clamoring, but the two parties Cao Moumou and Yang Moumou were still blushing their necks. " Hu Guoqing immediately stepped forward and opened the two, saying, "You two calm down first, what's the matter, the people in our town mediate", and then told everyone, "Everyone go back first, we and Cao Moumou and Yang Moumou stayed. It's OK. " Everyone left one by one, and finally calmed down at the scene.

Lishu clue to the ground to mediate

At this time, both parties and individual relatives were left on the ground. Hu Guoqing probably figured out the ins and outs of the matter from them, which was the dispute caused by the rise in land rent. He saw that both sides were on his head, and it was not appropriate to talk on the ground, so he brought everyone to the town and the mediation room for the expected room. When he came to the town and for the mediation room, Hu Guoqing poured a glass of water for the two sides, and then he entered the mediation for a while. At first, who the two sides said, who did not give up, and some relatives were still in a hurry, mediation fell into a deadlock for a while. However, Hu Guoqing and other mediation staff were not discouraged, and then took back the back -to -back mediation to separate the two parties separately.

Legal breakthroughs one by one

Hu Guoqing realized that Cao Moumou was the first level. If he did not agree with the lease, the dispute could not be adjusted. So he first communicated with Cao Moumou to do the facts repeatedly. From the current land rental fee, he said that on the current land rental market of Shajing Town, the high rent per acre of land is about 1,500, and there are seven or eight hundred ones. Although the contract is signed first, it is necessary to perform according to the contract, but the land rent has risen to rise. It is also practical. According to the "Code of the People's Republic of China", Article 543 [Situation Change] terms: After the contract is established, the basic conditions of the contract have undergone major changes that the parties cannot foresee when the contract is unpredictable and does not belong to business risks. Continue to perform the contract is obviously unfair to the parties. The parties who are not influenced can re -negotiate with the other party, and Article 543 [Agreement Change Contract] clause: The parties negotiate and can change the contract. We must protect the legitimacy of the contract and protect the real interests of Yang Moumou. It is also the situation where Yang Moumou appropriately increased the ground. Under the persuasion of Hu Guoqing, Cao Moumou finally agreed with Yang Moumou's request to rise appropriately.

As soon as Hu Guoqing heard Cao Moumou opened his mouth, he agreed with the requirements of the rental rent, and hit the iron while it was hot. Hu Guoqing told Yang Moumou that Cao Moumou's land was also leased in highlands eight years ago. In the past few years, the land benefits were not very good, but Cao Moumou was very honest and always paid you rent on time. You have always benefited. Although the current land rent is generally rising, the contract you signed is still valid, and it is also protected by law. You cannot forcibly stop it. After listening, Yang Moumou also felt what Hu Guoqing said, and agreed to rent appropriately.

Reasonable analysis of fair mediation

The difficulty of the case has been broken, and the two sides have opened up the biggest obstacles to the increase in rent, but how much is the key to rising. Cao Moumou is willing to rise by 50 yuan, and Yang Moumou will rise by 200 yuan. There is a certain gap in their demands. Essence In order to ensure that the two sides can reach an agreement, Hu Guoqing starts with Yang Moumou and analyzes and mediate from his land condition. Yang Moumou's land belongs to the reclamation of the wasteland. According to the current rental land, it is up to 800 per mu. Besides, the contract is signed first. To respect the law, the land price must be lower. By 100 yuan. Later, Hu Guoqing communicated with Cao Moumou again. Cao Moumou heard a concession and quickly agreed with 100 yuan. At this time, the mediation has continued from 4 pm to 11 o'clock in the middle of the night. Hu Guoqing felt tired, but with a good result, he was still very happy. In the end, Cao Moumou and Yang Moumou each gave one step, and reached an agreement on the increase in local rental fees, that is, the rent of 100 yuan per acre of land, a total of 40,000 yuan per year. The two parties signed a people's mediation agreement. Under the witness of the staff of the expedition room, the 40,000 yuan contracted fee was paid to Yang Moumou.

【Case Comment】

Land disputes are the most common disputes in rural areas. It directly involves the economic interests of the masses. If it is not properly resolved, it is easy to intensify to rise into groups, petitions, and violent incidents. In this case, the mediation staff calmly calmly and comprehensively used the law to make the two sides convince the resolution of contradictions.

First of all, it was to make chaos quickly, and rushed to the scene as soon as possible to evacuate personnel to avoid worsening in the situation.

The second is to clarify the clues and move the ground mediation. The parties invited the parties to the town and the mediation room for the expected room, so that the emotions of the two parties could be eased through time and venue conversion.

The third is to find the key and break through one by one. Adopting the combination method, the key to "rising" is to break through from the rental place; and the "how much rising" finds breakthroughs from the place where it is out of the place, flexibly responds, and communicates one by one, forming a consistent opinion.

The fourth is the combination of legal and fair mediation. In this case, one party forced cultivation on the grounds of "holding contracts", while the other party grabbed the market and demanded "rising rent". In response to the facts, the mediation officer effectively integrates the quotation of the land rent and the relevant provisions of the "Civil Code", as well as the effective analysis of the status of the geographical force.

The successful mediation of such disputes has explored effective solutions for the new round of land transfer and land contracting in the current period of rural areas. It has timely ensured that the spring plowing is carried out as scheduled, and it also provides a strong guarantee for the steady promotion of rural revitalization.

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