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Article author:Yingting Lawyers Group | Update time:2023-07-05 | Reading times:245
When there are rural land contract disputes, the following measures can generally be taken to resolve land contract disputes: First, the two parties can negotiate to resolve it first. Generally speaking, the contract occurs between acquaintances. If you tear it up ugly over this matter, it is not necessary. It is best to strive for a peaceful resolution of the dispute. Second, if negotiation cannot be achieved, you can seek mediation from the village committee.
If the mediation fails, please go to the local government land management department for mediation again to try to reach an agreement and decide the dispute. Third, if the mediation fails, you can apply for arbitration to the local rural land contract arbitration institution, and the arbitration will resolve the matter. Finally, if the problem is not resolved or you are unwilling to arbitrate, you can directly file a lawsuit with the court and resolve the dispute through litigation.
Contract management rights are rights established on other people's property. Therefore, the land rights obtained here are incomplete and belong to property rights restrictions. The contractor only has the right to produce, operate and collect income from the land, and does not have the right to dispose of the business property.
Beijing administrative litigation lawyers Yingting Lawyers Group's business areas include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.
Legal basis: Article 10 of the Constitution: Urban land belongs to the state. Land in rural areas and urban suburbs belongs to the collective. Except for land owned by the state as stipulated by law, it is collectively owned. Homestead land, private land, and private hills are also collectively owned. For the needs of the public interest, the state may expropriate or expropriate land in accordance with legal provisions and provide compensation.
No organization or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights may be transferred in accordance with the provisions of the law. All organizations and individuals using land must make reasonable use of the land. Article 36 of the Rural Land Contract Law of the People's Republic of China. The subcontracting fees, rents, transfer fees, etc. for the transfer of land contract management rights shall be determined by both parties through negotiation.
The transferred proceeds belong to the contractor, and no organization or individual may withhold or withhold the proceeds without authorization.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a Beijing administrative litigation lawyer on this site for one-on-one online consultation.
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