Who touched my "land expropriation compensation"?

In the process of urbanization, infrastructure construction, shantytown transformation and commercial development and other projects all involve the compensation of land and housing expropriation, which also leads to many contradictions and disputes. Recently, the people's Court of Hongshan District, Chifeng City, Inner Mongolia heard a dispute over compensation for the expropriation of contracted land, and finally the court ruled that the village committee that distributed compensation for villagers' land expropriation without authorization lost the case, which paid the plaintiff more than 280000 yuan in compensation for land expropriation. [case]

Li is a villager of Jia Village, Hongmiaozi Town, Hongshan District. On January 1, 1996, Li signed a land contract with Jia Village. The contractor has a population of 6, with a contracted land area of 10.5 mu and a term of use until 2025. The six members of the contractor population are Li, his wife, two children and Li's parents. Around 2007, Li's parents died one after another. In 2012, the land in the land contract was requisitioned by the government, and the village committee of A village was the requisition unit. The total compensation for land expropriation is about $850000. On January 10, 2013, Li received 565000 yuan in compensation, and the remaining 285000 yuan was detained by the village committee of A village. The village committee said that the remaining money belonged to the compensation for the land share of Li's parents before their death, which should be dealt with with reference to the estate and distributed evenly according to the opinions of Li's parents and other children, each of which was about 40,000 yuan. Now it has been distributed to five of them, and the remaining two outstanding funds are temporarily held by the village committee. Li failed to claim, so on the grounds that the village committee withheld the above compensation, he sued to the court and asked the village committee to order the village committee to return 285000 yuan in land compensation.

The court of Hongshan District held that according to the provisions of Article 15 of the Rural Land contract Law, rural land contracting is based on peasant households within the collective economic organization, and this right belongs to peasant households, not to a certain family member. If one of the family members dies during the contract period, the problem of inheritance of the contracted management right of the land shall not occur, and the contracted land shall be contracted and managed by other members of the family. In this case, although some members (Li's parents) died in the household contractor represented by Li, the amount of contracted land remained unchanged, the right of contracted management still belonged to the family, and the compensation fee was not inherited and belonged to the family. Li is the signatory of the land contract of the land contractor, and taking it as his representative to carry out litigation is in line with the provisions of the law, so he ruled that the defendant A village committee should pay the plaintiff Li's compensation for land expropriation of about 285000 yuan.

[statement]

China's Rural Land contract Law divides the types of rural land into cultivated land, grassland and other land used for agriculture in accordance with the law, and divides rural land contracting into two categories: "household contract" and "other contracting". The contractor of "household contracting" is the peasant household of this collective economic organization; "other contracting" refers to barren hills, barren ditches, barren hills, barren beaches and other rural land that are not suitable for household contracting. By means of bidding, auction, public consultation, etc., the main body of the contractor may be a member of the collective economic organization or a unit or individual outside the collective economic organization. With regard to "other forms of contracting", Article 50 of the Law clearly stipulates that "if the right to contracted management of land is obtained by means of bidding, auction, public consultation, etc., if the contractor dies, his due contractual rights and interests shall be inherited in accordance with the provisions of the inheritance Law; during the term of the contract, his successors may continue to contract." This regulation is actually made for the above-mentioned "four wasteland" and does not include cultivated land.

After the implementation of the property Law, some people think that the property Law clearly defines the right of contracted management of land as a usufruct, and since it is a real right, it can be inherited. Therefore, the right of contracted management of land can be inherited whether it is "household contract" or "other contract". In fact, the usufruct of land contractual management right is a kind of property right acquired by farmers free of charge through contract based on the identity of members of the collective economic organization. Because the collective land ownership belongs to the collective, under this restriction, it is clear that the land contractual management right is strictly limited to the farmers of the collective economic organization, this kind of property right has a strict personal attribute, so it does not have inheritance.

The land contract law of our country determines that the contracted management of cultivated land is based on "household", and the family members' right to land contract is the common relationship of property in nature, that is, the co-ownership of usufruct. Therefore, if some members of the family die, as long as the "household" as the contractor exists, the problem of inheritance will not occur, and the other members of the family will continue to contract. This is what people often say, "increase the population without increasing the land, and reducing the population without reducing the land." In this case, although his parents died in Li's "household", there were still four family members in the "household", so the arable land originally contracted by the "household" should continue to be contracted by the remaining members, and the corresponding compensation for land expropriation should also be owned by him and should not be allocated to others, so it is correct for the court to support Li's claim.