According to real typical cases, share practical legal views
[Practical View]
According to Article 24 of the " Organization Law of the Villagers' Committee of the People's Republic of China", the following matters involving the interests of villagers: land acquisition compensation fee use and distribution plan, which can only be handled after discussion and decision by villagers' meeting . The use and distribution of land compensation and resettlement fees within collective economic organizations involves the interests of villagers and falls within the scope of villagers' autonomy. Administrative and judicial power must be respected to a certain extent.
[Real case]
Henan Anyang Intermediate People's Court
Civil Affairs Judgment
(2020) Yu 05 Minzhong No. 1973
Appellant (original plaintiff): Li Zongjie.
Appellant (original defendant): Nanzhangjian Village Villagers Committee, Zhangdong Street, Beiguan District, Anyang City.
Appellant Li Zongjie appealed to this court for a dispute over land contract management rights between the Nanzhangjian Village Villagers Committee (hereinafter referred to as Nanzhangjian Villagers Committee), Zhangdong Street, Beiguan District, Anyang City, and was dissatisfied with the civil judgment of Anyang Beiguan District People's Court (2019) Yu 0503 Minchu 2768. After the case was accepted by this court, it formed a collegial panel in accordance with the law to hear the case. The trial of this case has now ended.
Li Zongjie appealed: the first-instance civil judgment will be revoked, and the judgment will be changed according to law, and the appeal is ordered to compensate the land for the expropriated contract responsibility land in accordance with the land acquisition and resettlement subsidy standard stipulated in the document 79 of the Henan Provincial Department of Land and Resources (2016). The appellant Li Zongjie was expropriated and the contracted liability land was 2.07 mu, and the document stipulated a standard of 160,000 yuan per mu. The litigation fee for the first and second instances is 7,654 yuan, which shall be borne by the respondent Nanzhangjian Village Committee. Facts and reasons: In June 2017, the government expropriated the Nanzhangjian collective land in Nanzhangjian, the northwest corner of Zhonghua Road and Anzhang Avenue, which contained 2.07 mu of the contracted land liability land of the appellant's family. After the land acquisition was completed, the government paid the land acquisition compensation standard and land compensation fee as stipulated in Document No. 79 of Henan Provincial Department of Land and Resources (2016) to the three new standards, namely the land acquisition and resettlement subsidy and green seedling fee for the expropriated contracted land, as well as the three new standards, to the Nanzhangjian Village Committee of the appeal. However, when the Nanzhangjian Village Committee issued the specific distribution to the appellant, it was compensated according to the previous old standards of Document No. 79 (2016). The new land acquisition and resettlement subsidy is 160,000 yuan per mu. The old standard was 74,800 yuan per mu. The difference was detained by the Nanzhangjian Village Committee. In the first instance lawsuit, the Nanzhangjian Village Committee used the so-called villagers' autonomy to make excuses, saying that it was approved by the villagers' congress to compensate according to the original old standards. The defense reasons of the Nanzhangjian Village Committee have clearly exceeded the scope of the Villager Autonomy and the Organization Law of the Villager’s Committee. Nanzhangjian Village Committee is a typical illegal act that deducts the appellant's contracted land resettlement subsidy in the name of placing villagers' autonomy. According to the provisions of national regulatory documents, the composition of land acquisition compensation is: land acquisition compensation, land-lost farmers' resettlement compensation and green seedlings fee. Among them, the land compensation fee belongs to the village collective economic organization. The land acquisition and resettlement subsidy and the green seedling fee belong to the landless villagers. The second instance court applied to the second instance to revoke the first instance judgment in accordance with the law and changed the judgment of the Nanzhangjian Village Committee in accordance with the new land acquisition compensation standard stipulated in the Provincial Department of Land and Resources (2016) No. 79: 160,000 yuan/mu, and the land acquisition and resettlement subsidy of 331,200 yuan to the appellant's 2.07 mu of contracted land. The village committee had paid 154,836 yuan when the land acquisition was expropriated, and 176,364 yuan was detained so far. The litigation fees for the first and second instances were borne by the respondent twice, and the land acquisition and resettlement subsidy and litigation fees totaled 184,018 yuan to the appellant.
The appellant Nanzhangjian Village Committee argued that 1. Nanzhangjian Village had decided to allocate compensation fees for land acquisition and resettlement in 2007 by the villagers' representative meeting, and redeemed Li Zongjie according to the plan.On February 8, 2007, Nanzhangjian Village held a meeting of villagers' representatives. Villagers' representatives voted on issues such as land acquisition and resettlement compensation fees, and finally determined four items, the fourth item was "From now on, the land price of land acquisition and resettlement compensation fees (including green seedling fees) is higher than 74,800 yuan/mu; the execution land price of land price is lower than 74,800 yuan/mu; the execution land price is lower than 74,800 yuan/mu. The execution land price is fully redeemed." According to Article 24 of the "Village Committee Organization Law", the villagers' representative meeting has the right to discuss and decide on the use and allocation plan for land acquisition compensation. It can be seen from this that the use and distribution of land acquisition compensation fees fall within the scope of village autonomy. Rural villagers implement autonomy, the village committee is a grassroots mass autonomous organization, and the Nanzhangjian Village Committee repays Li Zongjie in accordance with the land acquisition compensation allocation plan determined by the villagers' representative meeting resolution, which is in compliance with the law. 2. The content of the resolution of the Villagers’ Representative Conference on February 8, 2007 has been implemented for many years. The resolution involves the interests of all villagers in Nanzhangjian Village. The resolution of the Villagers’ Representatives Conference on February 8, 2007 was decided by the villagers’ representatives, and the Nanzhangjian Village Committee was only the implementer of the resolution. Since the implementation of the resolution in 2007, Nanzhangjian Village has been expropriated many times during this period, and each land acquisition is implemented in accordance with the plan of the resolution. The resolution involves the interests of thousands of people in Nanzhangjian Village, rather than just Li Zongjie. The content of the resolution not only includes the fourth item, but also other items. The first item is the resolution to compensate villagers who were expropriated before 2007 (because the land acquisition price was too low before 2007). The first resolution is still under implementation and has not yet completed compensation to all villagers. Therefore, the resolution of the Villagers’ Representatives Meeting on February 8, 2007 was a resolution voted by the villagers’ representatives based on the interests of all villagers in Nanzhangjian Village. It has been implemented for many years and involves many people. For the long-term stability of Nanzhangjian Village, the resolution should not be rejected by individuals, and this is also responsible to all villagers in Nanzhangjian Village. To sum up, the first-instance judgment determined the facts clearly and applied the law correctly, and requested the appeal to be rejected and the original judgment was upheld.
Li Zongjie filed a lawsuit with the first instance court: order the Nanzhangjian Village Committee to detain part of Li Zongjie's land acquisition and resettlement subsidy of 176,364 yuan for Li Zongjie in accordance with the policy documents of the Henan Provincial Department of Land and Resources (No. 79, 2016).
The first instance court determined facts: Li Zongjie is a villager in Nanzhangjian Village. On August 2, 1998, Li Zongjie signed a land contract with the Nanzhangjian Village Committee. Li Zongjie's family contracted 3.045 mu of collective land in the village, and the contract period was until August 20, 2028. In 2017, the land in Nanzhangjian Village located at the northwest corner of the intersection of ×××× Avenue in Zhonghua Road was expropriated, and the expropriated land included 2.07 acres of Li Zongjie's contracted land. On September 18, 2017, the Land and Resources Bureau of Beiguan District, Anyang City signed a "Land Acquisition Compensation Agreement" with the Zhangdong Street Office of Beiguan District, Anyang City, agreeing that the compensation fee for land acquisition and resettlement is 160,000 yuan per mu, and the ground attachments will be counted according to the actual situation. The land acquisition compensation fee has been compensated before December 28, 2017. After receiving the land acquisition compensation in full, the Nanzhangjian Village Committee paid the land acquisition and resettlement compensation (including the green seedling fee) to the villagers at the standard of 74,800 yuan/mu, and Li Zongjie received the compensation of 154,836 yuan.
The first instance court held that: the case was a dispute arising from the distribution of land expropriation compensation fees between the villagers and the village committee. Article 26 of the "Regulations on the Implementation of the Land Administration Law" stipulates that land compensation fees belong to rural collective economic organizations; Article 24 of the "Enterprise Committee Organization Law" stipulates that the use and allocation plan for land acquisition compensation fees can only be handled after discussion and decision by the villagers' meeting. The Nanzhangjian Village Committee held a village representative meeting on February 8, 2007 to vote on issues such as the adjustment of compensation for land acquisition and resettlement in the village. The fourth item "From now on, the land price of land acquisition and resettlement compensation (including green seedling fees) is higher than 74,800 yuan/mu; the execution land price of land price is lower than 74,800 yuan/mu; the execution land price of land price is lower than 74,800 yuan/mu, which is fully redeemed." Therefore, the Nanzhangjian Village Committee's use and allocation of land acquisition compensation for the village belongs to the scope of villagers' autonomy.The Nanzhangjian Village Committee strictly compensated Li Zongjie for 2.07 mu of expropriated land compensation of 154,836 yuan in strict accordance with the voting opinions. There is nothing wrong with Li Zongjie's request to the Nanzhangjian Village Committee to reissue a resettlement subsidy of 176,364 yuan, without factual or legal basis, and will not be supported. In accordance with Articles 64 and 142 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: the plaintiff Li Zongjie's lawsuit request is rejected. The case acceptance fee is 3,827 yuan, and Li Zongjie will bear it.
During the second trial, the parties did not provide new evidence.
After trial, it was found that Li Zongjie is a villager in the second group of Nanzhangjian Village, Zhangdong Street, Beiguan District, Anyang City. On August 2, 1998, Li Zongjie signed a land contract with the Nanzhangjian Village Committee. Li Zongjie's family contracted 3.045 mu of collective land in the village, and the contract period was until August 20, 2028. In 2017, the land in Nanzhangjian Village, Zhangdong Street, Beiguan District, Anyang City, located at the northwest corner of the intersection of ×××× Avenue in Zhonghua Road was expropriated. The expropriated land included 2.07 acres of contracted land contracted by Li Zongjie's family. On September 18, 2017, the Land and Resources Bureau of Beiguan District, Anyang City signed a "Land Acquisition Compensation Agreement" with the Zhangdong Street Office of Beiguan District, Anyang City. On September 22, 2017, the Beiguan District People's Government of Anyang City made an announcement on (2017) No. 07 on the land acquisition compensation and resettlement plan. The announcement clearly states "Compensation and resettlement expenses: 1. Compensation and resettlement expenses: 160,000 yuan/mu. 2. Standard for ground attachments: Compensation is made in accordance with the standards stipulated in the relevant documents of Anyang Municipal People's Government. The expropriated land area is 45.288 mu, and the compensation and resettlement expenses are 7.246,08 million yuan." The land acquisition compensation fee for this plot has been compensated before December 28, 2017. After receiving the land acquisition compensation fee in full, the Nanzhangjian Village Committee paid the land acquisition compensation and resettlement fee to the villagers at the standard of 74,800 yuan/mu, and Li Zongjie received a compensation of 154,836 yuan.
also found that the Nanzhangjian Village Committee held a village representative meeting on February 8, 2007 to vote on issues such as adjustment of compensation for land acquisition and resettlement in the village. The fourth item "From now on, the land price of land acquisition and resettlement compensation (including green seedling fees) will be implemented at a land price of 74,800 yuan/mu; the land price of land price below 74,800 yuan/mu will be fully redeemed."
The above facts include the copy of the household registration book provided by Li Zongjie, the certificate of Nanzhangjian Village Committee, the land contract contract , Henan Land and Resources Department Document No. 79, Henan Provincial Department of Land and Resources "Notice on Issuing Comprehensive Land Price Standards for Expropriation Areas in Henan Province", Anyang Beiguan District People's Government [2017] No. 07, "On the Compensation and Resettlement Party for Expropriation of Land Compensation and Resettlement The Announcement of the Case, the Land Acquisition Compensation Agreement, the Villagers’ Representative Association voted on issues such as land acquisition and resettlement compensation fees, and the evidence provided by the defendant Nanzhangjian Villagers’ Committee on issues such as land acquisition and resettlement compensation fees, the Administrative Ruling No. 185 of Anyang Intermediate People’s Court (2018) Yu 05 Xingchu No. 108 of Anyang Intermediate People’s Court (2019) Yu 05 Xingchu No. 108 of Anyang Intermediate People’s Court and the statements of the parties are confirmed.
This court believes that: In this case, the Nanzhangjian Village Committee held a village representative meeting on February 8, 2007 to vote on issues such as adjustment of compensation for land acquisition and resettlement in the village. The fourth item is "From now on, the land price of land acquisition and resettlement compensation (including green seedling fees) will be implemented at a land price of 74,800 yuan/mu; the land price of land price below 74,800 yuan/mu will be fully redeemed." In 2017, the land in Nanzhangjian Village located in the northwest corner of the intersection of ×××× Avenue in Zhonghua Road was expropriated, and the expropriated land included 2.07 acres of contracted land contracted by Li Zongjie's family. The land acquisition compensation fee has been compensated before December 28, 2017. After receiving the land acquisition compensation in full, the Nanzhangjian Village Committee redeems the land acquisition compensation compensation resettlement fee to the villagers at the standard of 74,800 yuan/mu, and Li Zongjie received a compensation of 154,836 yuan.
According to Article 24 of the "Organization Law of the Villagers' Committee of the People's Republic of China", the following matters involving the interests of villagers: the use and distribution plan of land acquisition compensation fees can only be handled after discussion and decision by the villagers' meeting.The Nanzhangjian Village Committee held a village representative meeting on February 8, 2007 to vote on issues such as adjustment of compensation for land acquisition and resettlement in the village. The fourth item "From now on, the land price of land acquisition and resettlement compensation (including green seedling fees) will be implemented at a land price of 74,800 yuan/mu; the land price of land price below 74,800 yuan/mu will be fully redeemed." The use and distribution of land compensation and resettlement fees within collective economic organizations involves the interests of villagers and falls within the scope of villagers' autonomy. According to the vote of the villagers' representative committee, the Nanzhangjian Village Committee allocated land acquisition compensation at a standard of 74,800 yuan per mu. It is within the scope of villagers' autonomy. Li Zongjie had objections to the allocation amount of land acquisition compensation and requested the Nanzhangjian Village Committee to reissue the 176,364 yuan of land acquisition compensation and resettlement fee withheld. The original trial rejected it and there was no inappropriate refusal. In accordance with the provisions of Article 170, paragraph 1, item (1) of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
rejected the appeal and upheld the original judgment.
The second instance case acceptance fee is 3,827 yuan, which shall be borne by the appellant Li Zongjie.
This judgment is the final judgment.
Presiding Judge Ning Xiaokun
Judge Chang Qing
Judge Jiang Songtao
June 16, 2020
Clerk Chu Shilong
