论文部分内容阅读
据来自某市检察院受理的民事抗诉案件统计,因村委会解除或收回承包地、荒山、林地引发的纠纷占有相当比例。一些村委会干部因缺乏以法治村之法律意识,或为私利,随意找个理由剥夺农民的土地承包经营权。殊不知法律是公正的,村委会收回承包地至少有“五不能”。一、不能以违约开荒,随意解除合同[案例]胡大奎一家系辽西南葫芦沟村的老户。1983年10月,经村里研究同意上报,胡大奎获得了县人民政府颁发的(葫芦沟村南老牛岭荒山地块)自留山使用证。2005年冬,村委会决定将无偿承包使用改为有偿承包,并重新与胡大奎签订了承包合同。约定:承包期限30年,一次性交承包费3000元,“不
According to statistics from civil protest cases accepted by the procuratorate of a certain city, the dispute caused by the termination or contracting of the contract by the village committee, waste hills and forest land occupies a considerable proportion. Some village committee cadres are deprived of peasants’ land contractual management rights for lack of legal awareness due to the rule of law villages or for personal gain. As everyone knows the law is fair, the village committee to recover the contract at least ”five can not “. First, can not default land-clearing, arbitrarily terminate the contract [Case] Hu Da Kui a department of the southwest of Hulugou village. In 1983 October, the village research agreed to report, Hu Dakui won the county people’s government issued (Hulugou village south of Niulailing barren mountain plots) since the use of permits. In the winter of 2005, the village committee decided to change the unpaid contracted use to a compensated contracted contract and re-signed the contract with Hu Dakui. Convention: the contract period of 30 years, one-time contract delivery fee of 3,000 yuan, ”No