Law firm introduction More》
Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Law firm services
Law firm personnel More》
Visiting address More》
Village cadres fake marriages and divorces to make money. What are the provisions of the Village Committee Organic Law - Yingting Demolition Lawyer
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：378
The summary of the disciplinary and illegal cases of Liu, the former leader of a village group in Sichuan Province, was disclosed by the media after investigation. During the 16 years he served as the leader of the village group, Liu used illegal means such as fake marriages, fake adoptions, and fake birth certificates to help others move to naturalize their homes and separate homesteads to obtain future rights.DemolitioncompensationThe total amount of benefits received was RMB 1.3621 million.
Li, a member of the village committee of a village in Hunan Province, in order to make himself eligible for land expropriationcompensationTarget, under the guise of a pregnancy test for someone else’s daughter-in-law, illegally obtained more than 260,000 yuan for land acquisitionDemolitioncompensationmoney; former member of a town in BeijingDemolitionYang, the chief of the department, used means such as back-drafting the land lease agreement and colluded with others to defraudDemolitioncompensationThe amount is RMB 14.92 million.
Liu, mentioned above, used methods such as "flash marriage" and "flash separation". The director even starred in a farce of fake marriages and real money-making. He really did anything to defraud money. Does a former village group leader have so much power?
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
What kind of cadre is the leader of the villagers group?
According to the provisions of the "Organic Law of Villagers' Committees of the People's Republic of China": "The villagers' committee may set up several villagers' groups according to the living conditions of the villagers, collective land ownership relations, etc." "The term of the leader of the villagers' group is the same as that of the villagers' committee and can be re-elected." Therefore, the villagers' group is established under the villagers' committee. In practice, the villagers elect the group leader, who is mainly responsible for collecting and reporting the opinions and suggestions of the villagers of the group to the village committee; conveying the relevant decisions made by the village committee to the villagers of the group; and assisting the village committee in handling public affairs and public welfare undertakings in the village. Village group leaders generally do not have a fixed salary and are given a small amount of subsidies depending on the situation.
How to elect a village committee? How to get rid of village cadres?
To elect a village committee, if more than half of the villagers registered to participate in the election vote, the election is valid; the nominator must obtain the votes of more than half of the villagers participating in the election to win the election. If the number of successful candidates is insufficient for the number of candidates, the remaining places will be elected separately. If another election is made, the person who did not win the first vote and gets the most votes will be the nominee, and the nominee will be elected based on the person who got the most votes, but the number of votes received shall not be less than one-third of the total votes cast. The election shall be conducted by secret ballot and public vote counting, and the election results shall be announced on the spot.
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
More than one-fifth of the villagers with the right to vote or more than one-third of the village representatives in the village may jointly request the removal of members of the village committee and explain the reasons for the removal. Members of the village committee who are proposed to be dismissed have the right to lodge objections. To remove a member of a villagers committee, a majority of the villagers who registered to participate in the election must vote, and must be approved by a majority of the villagers who voted.
What are the matters that must be discussed at the village meeting before being decided?
The following matters involving the interests of villagers can only be resolved after discussion and decision by the villagers meeting:
(1) Personnel in the village who enjoy lost work subsidies and subsidy standards;
(2) The use of proceeds from the village collective economy;
(3) The establishment, financing and labor plan of the village’s public welfare undertakings and the construction contracting plan;
(4) Land contract management plan;
(5) Project establishment and contracting plans for village collective economic projects;
(6) Homestead utilization plan;
(7) Land acquisitioncompensationFee utilization and distribution plan;
(8) Dispose of village collective property through loans, leases or other methods;
(9) Other matters involving the interests of villagers that the villagers' meeting believes should be discussed and decided by the villagers' meeting.
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on matters stipulated in the preceding paragraph. If the law has provisions on matters concerning the discussion and determination of the property and members' rights and interests of village collective economic organizations, such provisions shall prevail.
Li, a member of the village committee of a village in Hunan Province, in order to make himself eligible for land expropriationcompensationTarget, under the guise of a pregnancy test for someone else’s daughter-in-law, illegally obtained more than 260,000 yuan for land acquisitionDemolitioncompensationmoney; former member of a town in BeijingDemolitionYang, the chief of the department, used means such as back-drafting the land lease agreement and colluded with others to defraudDemolitioncompensationThe amount is RMB 14.92 million.
Liu, mentioned above, used methods such as "flash marriage" and "flash separation". The director even starred in a farce of fake marriages and real money-making. He really did anything to defraud money. Does a former village group leader have so much power?
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
What kind of cadre is the leader of the villagers group?
According to the provisions of the "Organic Law of Villagers' Committees of the People's Republic of China": "The villagers' committee may set up several villagers' groups according to the living conditions of the villagers, collective land ownership relations, etc." "The term of the leader of the villagers' group is the same as that of the villagers' committee and can be re-elected." Therefore, the villagers' group is established under the villagers' committee. In practice, the villagers elect the group leader, who is mainly responsible for collecting and reporting the opinions and suggestions of the villagers of the group to the village committee; conveying the relevant decisions made by the village committee to the villagers of the group; and assisting the village committee in handling public affairs and public welfare undertakings in the village. Village group leaders generally do not have a fixed salary and are given a small amount of subsidies depending on the situation.
How to elect a village committee? How to get rid of village cadres?
To elect a village committee, if more than half of the villagers registered to participate in the election vote, the election is valid; the nominator must obtain the votes of more than half of the villagers participating in the election to win the election. If the number of successful candidates is insufficient for the number of candidates, the remaining places will be elected separately. If another election is made, the person who did not win the first vote and gets the most votes will be the nominee, and the nominee will be elected based on the person who got the most votes, but the number of votes received shall not be less than one-third of the total votes cast. The election shall be conducted by secret ballot and public vote counting, and the election results shall be announced on the spot.
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
More than one-fifth of the villagers with the right to vote or more than one-third of the village representatives in the village may jointly request the removal of members of the village committee and explain the reasons for the removal. Members of the village committee who are proposed to be dismissed have the right to lodge objections. To remove a member of a villagers committee, a majority of the villagers who registered to participate in the election must vote, and must be approved by a majority of the villagers who voted.
What are the matters that must be discussed at the village meeting before being decided?
The following matters involving the interests of villagers can only be resolved after discussion and decision by the villagers meeting:
(1) Personnel in the village who enjoy lost work subsidies and subsidy standards;
(2) The use of proceeds from the village collective economy;
(3) The establishment, financing and labor plan of the village’s public welfare undertakings and the construction contracting plan;
(4) Land contract management plan;
(5) Project establishment and contracting plans for village collective economic projects;
(6) Homestead utilization plan;
(7) Land acquisitioncompensationFee utilization and distribution plan;
(8) Dispose of village collective property through loans, leases or other methods;
(9) Other matters involving the interests of villagers that the villagers' meeting believes should be discussed and decided by the villagers' meeting.
Village cadres fake marriages and divorces to make money. What are the regulations in the village committee organic law?
The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on matters stipulated in the preceding paragraph. If the law has provisions on matters concerning the discussion and determination of the property and members' rights and interests of village collective economic organizations, such provisions shall prevail.
Previous article：How to deal with undocumented houses during land acquisition and demolition? - Yingting demolition lawyer
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
