(by December 27, 2004, Anhui Province Higher People's court trial committee of the ninety-second meeting of ) in order to correctly judge relates to rural land disputes, according to the "PRC Land Management Law," "the people's Republic of China Rural Land Contract Law", (hereinafter referred to as the "rural land contract law"), "the people's Republic of China, the village committee organization law," (hereinafter referred to as the "Village Committee Organization Law"), "the people's Republic of China, women's rights protection law" (hereinafter referred to as the protection of women's rights and interests "") and the relevant laws, administrative regulations, combined with judicial practice, the enactment of this.

One, the scope of acceptance in accordance with the relevant legal provisions, the contracted land is levied according to law, occupation, contracting party shall have the right to obtain appropriate compensation. Therefore, the land compensation, resettlement due payment and allocation of the dispute, the people's court shall be admissible in civil cases; the villagers caused by involving land acquisition behavior and standard of compensation disputes, not of the civil case scope. In order to regulate and stabilize the rural land contract relations, involving land contract disputes and contract management right transfer dispute, should be based on contract basis, no contract shall not be accepted. For the parties to request that the contract disputes, asked to confirm the villagers assembly through democratic contract program determined invalid dispute and to implement the requirements of the family contract policy has contracted land disputes, because the civil behavior does not belong to the equality between the main body, does not belong to civil cases acceptance scope.

Two confirmed, in land compensation, resettlement fee payment and allocation and land contract in rural collective economic organizations related to the case of membership. In the case of land compensation, resettlement fee payment and allocation and land contract in rural related, validation set economy organization membership, the general should be made in accordance with the law of the rural collective economic organizations where the household as the basic principle, in accordance with the law to obtain including natural made (born made) and legal access (adoption, because marriage, legacy support agreement, administrative orders made). At the same time, production, living in the rural collective economic organizations or left and did not obtain the city minimum living security situation.

1, a few confirmed special subject the membership "Waijia female" membership. According to the "rural land contract law", "women's rights protection law", the general office of the State Council "on the practical maintenance of rural women's land rights notice" spirit, should earnestly safeguard the legitimate rights and interests of women. For "Waijia female" does not get married into the collective economic organization location domicile, but has been out of production, married life collective economic organization, should have married into the collective economic organization membership. To marry into the city women, if it has no non agricultural household registration, shall be deemed to have the original members of the collective economic organizations qualification. "Uxorilocal son-in-law" membership based on the mental processing.

Divorced, widowed women membership. For divorce, widowed women regardless of their household registration in the marriage, or has moved to marry into the current back to the marriage life, shall be in the place of domicile to determine the qualifications of members of the collective economic organizations.

Conscripts, college student membership. Conscripts, college students, in the service, during the school, its registration has been moved out, according to the provisions of relevant laws and policies still has its domicile from the members of the collective economic organizations qualification. During the term of membership prisoners according to the foregoing mental processing.

"Empty" membership. "Empty" generally refers to the household registration in a collective economic organization is located, but not on the production and life of people. To determine the qualifications of personnel, should be treated differently. Usually have a clear agreement with the collective economic organizations, according to the agreement; no agreement, approved by the democratic, shall be entitled to the members of the collective economic organizations qualification; democratic consent, not to confirm the membership. There are special circumstances can be listed. To buy urban registered permanent residence qualification of personnel.

To buy the city residents, are still in production, life accounts from the collective economic organizations, members of the collective economic organizations shall have the qualifications. Family members qualified 2, the household contract responsibility system of rural households to confirm the right to land contractual management is to families as a single made. Only with the family member qualification, have the right to the contracted management of, and basically unchanged in the number of household contract land within a certain period of time, the family population is in change. The family contract, in determining the family members, should include the right to the contracted management of increase achieved by birth, marriage, adoption, and with the members of the collective economic organization qualification of personnel. The contractor of the family household, the household is not independent of the right to land contractual management, each household family members still belong to the Contractor's family members.

Three, about the land compensation, resettlement fee payment and allocation of the dispute

1, the land compensation, resettlement cost allocation scheme review of land compensation, resettlement cost allocation scheme, according to the relevant provisions of the law, should be reviewed from the following two aspects. First, allocation scheme form shall conform to the Democratic procedures. The villagers assembly or the villagers' representative meeting is the self-government of institutions decide major matters. "Village Committee Organization Law" provisions of article nineteenth, eight important matters related to the interests of villagers, the villagers committee meeting decided must be submitted to the villagers. Item assignment scheme of rural collective economic organizations, the land compensation for the cost of belonging to the vital interests of the villagers, in reviewing the distribution plan, the formation of the scheme shall review compliance with democratic procedures. For violation of the meeting or the villagers' representatives meeting democratic allocation program form people, should be confirmed as invalid. Second, allocation scheme is not content with the constitution, laws, regulations and national policies are low. Allocation is the embodiment of villagers to exercise the power of autonomy, but the autonomy is not absolute. According to the "regulations villagers Committee Organization Law" in article twentieth, in reviewing the allocation scheme content, should be based on the constitution, laws, regulations and policies of the state as the basis, in violation of the law, the policy provisions, or infringement of personal or property rights, shall be confirmed as invalid.

 2, the distribution of land compensation fees, resettlement subsidies for collective economic organizations have received land compensation fees, resettlement grants, and through democratic procedures decided to put the two costs allocated to all the villagers, has not obtained the distribution of the villagers asked the distribution corresponding to share, should be supported. If only part of the contracted land expropriation, collective economic organizations after the procedure. Decided to resettlement subsidies allocated to all the villagers and re adjustment of the land expropriated land expropriated villagers villagers, give full subsidy for resettlement, does not support. But the collective economic organizations such as no land expropriated villagers have to re adjust the contracted land, the land expropriated villagers have the right to request the full subsidy for resettlement.

3, the loan is called compensation, land resettlement subsidy allocation behavior nature and treatment in recent years, our province has the village committee or villagers group in the form of the land compensation, resettlement borrowing costs paid to the thought that should participate in the distribution of the villagers, the two sides without repayment of principal and interest, the repayment period agreed by the parties, and to some, such as "Waijia female" are not loans, and its essence is the income distribution rights to limit or deprive some villagers. And the loss of income distribution rights for collective economic organizations shall not "borrowing" of the villagers asked to participate in the distribution of litigation, should be on the basis of the established facts, the trial was determined according to the actual civil principles.

Four, about the rural land contract disputes and contracted land circulation disputes 1, recognized the rural land contract established according to the identification of land contract should be based on the land contract in rural areas to guide specification, in accordance with the provisions of the Supreme Court "on hearing the" agriculture contract dispute a some of the provisions in article thirty-fifth, two certificate (right to land contractual management, Lin Quan syndrome), with two cards for thermal identification basis; no two cards, a written contract, the contract, the oral task book and others can prove the existence of contract legal relationship of other evidence, can be identified as the basis for the establishment of the contract. The employer on the same piece of land has signed more than two contracts, the Contractor shall have the right to the contracted management of claims, according to the following situations:

(1) have been registered and receive the right to land contractual management or the contractor Lin Quanzheng certificate, obtain the right to land contractual management, but except for a malicious collusion;

(2) failed to register for the right to land contractual management or forest right certificate, has actually contracted management rights, obtain the right to land contractual management. The provisions of the "rural land contract law", the local people's government at or above the county level shall issue to the contractor the right to land contractual management or forest right certificate, and registration record, confirming the right to land contractual management. Where the right to land contractual management and contract or the actual performance is not consistent triggered by disputes, should be based on the right to land contractual management as the content as the basis. If only the right to land contractual management contents of objections, do not belong to the scope of civil cases.

2, the effect of the rural land contract review people's court to hear such cases, effect from the following three aspects to review the contract.

Conclusion: contracting scheme by the meeting shall be subject to the collective economic organizations for over 2/3 of the villagers' or over 2/3 of the villagers' representatives agreed. Violation of legal democratic procedures conclude a contract invalid.

Contract subject: China's current legal provisions, household contract contractor shall be the collective economic organizations of farmers. Business or personal contracted outside of the collective economic organization unit, must be approved by the villagers meeting more than 2/3 villagers over 2/3 of the villagers' representatives agreed, and submitted to the township (town) people's government for approval. Therefore, the main contract does not comply with the provisions of the contract is invalid.

The contents of the contract: the review, should be strictly in accordance with the "law" the contracting of rural land and other related legal provisions. The contract will be agricultural land used for agriculture , without approval, it shall be deemed as invalid. On the back, adjust the contracted land agreed in the contract, if the violation of "rural land contract law" article twenty-sixth, the provisions of article twenty-seventh, the clause is invalid.

3, the contracted land to recover and adjust the employer according to the "rural land contract law" provisions of article twenty-sixth, cultivated land, grassland recovery request contractor contract, terminate the contract, it shall be supported. The contractor requests the appropriate compensation for attachments which improve the production capacity of the land resources as well as to the employer, it shall be supported. For the contractor, the employer was abandoned arable land and take back the contracted land and the illegal withdrawal or adjustment of the contracted land disputes, the court, if the employer will not recover, adjust the contracted land shall contract to the third party, the contractor requests the return of contract and compensation for the losses, it shall be supported; if the employer will recover, adjust the contracted land shall be awarded to the third party, the contractor to the employer and the third party for the co defendant, requesting confirmation of the employer and to enter into a contract is invalid, the return of the contracted land, and should be supported; third party has reasonable input request the contractor or the employer compensation for the loss of the contracted land, shall support.

4, the validity of the contract of land contract management right transfer review according to the provisions of "rural land contract law" on the transfer of the contractual right and protection, to examine the validity of the contract management right of contracted land circulation from the following aspects.

First, the circulation of the management right is changed the agricultural use of property and land ownership of the land.

Second, the transfer of the contractual right of time limit is exceeded the remaining term of the contract period, the part in excess shall be invalid.

Third, the contractor to subcontract land, members of the collective economic organization has the right of priority under the same conditions. Priority shall be exercised within a reasonable time limit; exceed the reasonable period of time to exercise, not support.

Fourth, transfer agreement is in violation of the principle of equal consultation. The contractor will be forced to transfer of land contract and management rights to others, shall be deemed invalid transfer protocol.

Fifth, the transfer of land contract management to review whether the employer agreed. The contractor without the employer agrees to transfer contract management mode of transfer, it shall be deemed as invalid, but made the employer agreed to prosecute the former except.

Sixth, the contractor to subcontract, lease, exchange or by any other means of land contract management right transfer, mortgage debt or debt to provide security for others, shall be deemed null and void.

The implementation opinions since January 1, 2005.