I. Basic information
In recent years, with the increasing attention of farmers to land, the enhancement of farmers' legal awareness, the adjustment of national land laws and policies, and the improvement of land value, rural land disputes caused by this have become one of the key and difficult cases in court. From 2004 to May 2007, our hospital accepted 47 cases of rural land contract disputes/KLOC-0. Among them, there were 36 cases in 2004; 37 in 2005; 54 in 2005; 20 pieces from June to May, 2007. Types include contract disputes, contractual management rights infringement disputes, contractual management rights confirmation disputes, contractual management rights leasing, transfer, exchange disputes, contractual management rights division disputes and so on.
Second, the characteristics of rural land contract dispute cases
First, land contract disputes have increased.
With the further deepening of reform and opening up, the rapid development of rural economy and the acceleration of urbanization, the contradiction between rural population and land shortage has become increasingly prominent, and the per capita contracted land has dropped sharply. At the same time, with the encouragement of the central government's policy of encouraging rural economic development, a series of policies and regulations have been promulgated and implemented, which has significantly improved land income, further stimulated farmers' desire for land and increased farmers' attention to land. With the improvement of land value and the diversification of land contracting and circulation forms, there are a lot of disputes and contradictions between collective economic organizations and contractors, contractors and contractors, contractors and third parties, and contractors' families due to conflicts of interest. Since 2004, land contract disputes in our hospital have been on the rise. If these disputes are not effectively resolved, it will aggravate rural social contradictions, cause social instability and turmoil, and affect economic development and social harmony.
Second, the relationship between the parties and the law is becoming more and more complicated.
Before 2004, the litigants of land dispute cases were relatively single, mainly land contractors and other people in collective economic organizations. Since 2004, it has gradually expanded to individuals, legal persons or other organizations and contractors other than members of rural collective economic organizations. Legal relations range from simple infringement disputes to ownership disputes to circulation disputes, and some cases are both contract disputes and infringement. The way of land contracting and utilization has developed from land contracting to contracting, subcontracting, transfer and leasing. The diversity of subjects and contract circulation methods will inevitably lead to the complexity of rural land contract disputes and increase the difficulty of people's courts in hearing such cases.
Third, the land contract is not standardized and the responsibilities and rights are not clear.
The present situation of rural areas in China is that farmers' cultural knowledge is generally not high, legal knowledge is lacking, legal publicity is not in place, and administrative law enforcement mechanism is not perfect, which leads to irregular land contracting process. According to the author's investigation, some contracts don't mention the four boundaries, and even the names of the plots of contracted land are not available. Although some contracts have four boundaries, these four boundaries are not clear and specific. Part of the same plot has two contracts or there is no contract between the two parties; Some disputed parties' forest right management certificates and land contractual management certificates have overlapping boundaries, which leads to continuous disputes between right holders; Many contract certificates are inconsistent with the actual area; Unclear responsibilities and rights are common in contracts.
Fourth, the policy is strong and the legislation is lagging behind.
Since the land was contracted to households in the 1980s, disputes over land contracting have appeared constantly. However, China's legislation on land contracting was very backward until July 1999. Due to the need of trial practice, the Supreme People's Court formulated the Provisions on Several Issues Concerning the Trial of Agricultural Contract Dispute Cases (Trial) (hereinafter referred to as Law Interpretation [1999] 15). On March 1 2003, the Rural Land Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Land Contract Law) was promulgated and implemented. In July, 2005, the Supreme People's Court formulated the Interpretation of Applicable Laws in the Trial of Rural Land Contract Disputes (hereinafter referred to as Fa Shi [2005] No.6). But until now, the laws and regulations on land contracting mainly adjust the contradiction between the employer and the contractor, the contractor and the third party, but lack the corresponding norms for the contractor (household).
In the development process of more than 20 years, the settlement of land contract disputes in China has gone through the process of policy adjustment, supplemented by policy adjustment, and then both policy adjustment and legal adjustment. Because of the strong policy of land contract dispute cases and the lagging legislation, it is difficult for judges to hear such cases.
Third, the causes of rural land contract disputes
First, due to historical reasons, the current situation of rural land in China is chaotic. Since the founding of New China, China's land policy has undergone many changes and has been in a changeable and unstable state. In a short period of more than 50 years, ownership has gone through two stages: farmers' land ownership and collective land ownership, while the management right has been strictly restricted and gradually liberalized with the development of social economy. The land reform movement at the beginning of the founding of the People's Republic of China realized the dream of "land to the tiller" of farmers in China, thus establishing farmers' land ownership. Then there is the support group movement. 1953, the primary cooperative movement began, and farmers' land was put into collective management. 1956 was upgraded to a senior cooperative, depriving farmers of land ownership. Subsequently, the people's commune system was established throughout the country. Until the reform and opening up, the implementation of household contract responsibility system and the separation of land ownership and management rights became an important milestone in the evolution of rural land property rights system in China, and "collective public ownership and farmer management" was realized. However, due to the limitation of the scope of management rights and the characteristics of China, the farmers' right of independent management is severely restricted in the implementation process.
Second, the contradiction between man and land is very prominent, and the land benefit has been greatly improved. In most places, the per capita arable land is already small. With the increase of population and the rapid development of urbanization and industrialization, a large amount of land needs to be requisitioned for infrastructure construction, and the relationship between man and land has deteriorated. In addition, the land reclamation is not in place, which leads to the contradiction between man and land. With the deepening of the reform of rural economic system, the state and the government have gradually increased their investment in agriculture, and the policies related to rural areas and agriculture have gradually tilted towards the interests of farmers, and the prices of agricultural products have been rising. Therefore, the appreciation of rural land has become inevitable for a long time, so disputes are inevitable. In recent years, the contract price of land has increased significantly. A few years ago, the contract price of an acre of land was tens or even tens or even several yuan, but now it has risen to several hundred yuan per acre. No objection was raised in the initial stage of land contracting or in the process of wasteland development. Later, after the land development improved or the price of cultivated agricultural products rose, the land contractor gained huge benefits. Collective economic organizations with land ownership and their members have disputes due to psychological imbalance driven by interests. With the change of the new situation, farmers' desire for land has become the realistic inducement of disputes, and the increase of land interests has become the fundamental reason for the increase of land disputes.
Third, the functions of local governments are misplaced. In the period of social transformation, the phenomenon of government function dislocation and behavior anomie occurs from time to time. First of all, the disharmony between local implementation policies, rural rules and regulations and central policies sowed the seeds of contradictions in practice. Although the Rural Land Contract Law and Law Interpretation [2005] No.6 have expanded farmers' right to dispose of land and extended the contract period, due to historical and policy reasons, the law is out of touch with reality, which makes good legal policies fail to operate healthily. Due to the failure to adjust the land policy in time according to the changes of national laws and central policies, a large number of land disputes such as illegal recovery of farmers' land have emerged. For example, "rural to non-agricultural", married women, and abandoned land. The employer resumed the land in violation of laws and policies. Secondly, some grass-roots governments are not standardized, interfere with farmers' right to self-management, sometimes exceed their authority to deal with specific contracts in rural areas, especially those for forests, ponds and reservoirs, and even force farmers to withdraw from the land for political achievements projects, illegally occupy cultivated land and farmland, and infringe on farmers' land interests; Third, some township governments are not in place, and they lack the necessary administrative guidance for village cadres, which leads to unnecessary mistakes in the conclusion and performance of rural contracts, the issuance and management of land use certificates, and leads to disputes.
Fourth, the social control of grass-roots organizations has weakened. In the period of social transformation, human society is gradually moving towards a rational society, from dependence on people to dependence on things, people's sense of organizational identity and belonging is gradually weakening, and the social control power of grass-roots organizations is obviously weakened. This is particularly prominent in rural areas, where grass-roots organizations are lax in self-discipline, weak in awareness of democracy and legal system, and acts that harm the interests of the masses occur from time to time, greatly weakening their appeal, cohesion and persuasiveness. According to the survey, many disputes, such as the transfer of land use rights, the expropriation of agricultural land and the distribution of rural collective economic benefits, are all due to the fact that the major decisions implemented by village grass-roots organizations do not operate in accordance with the provisions of the organic law of villagers' committees and do not make democratic resolutions by convening villagers' congresses or villagers' congresses, which damages farmers' democratic rights and property rights. Once the interests of the masses are damaged, it is difficult or impossible to organize and solve them locally, and it has become a common choice for people to solve them through legal channels.
Fifth, farmers' awareness of the legal system has increased, and the legal concept of village-level leading bodies is relatively backward. With the increasing comprehensive strength of China, China is increasingly building into a democratic, civilized and legal society. In the process of social development, farmers face the increasingly open and civilized society, complicated cases and legal publicity and education of news media, and their legal awareness is enhanced imperceptibly. Protecting their legitimate rights and interests according to law has become their first choice. When they encounter disputes or their rights and interests are infringed, they no longer tolerate, avoid or tolerate, but boldly use the law to safeguard their legitimate rights and interests. Relatively speaking, the leading members of rural collective economic organizations failed to conform to the trend of the times. Faced with new situations and problems, they don't update their ideas in time, but still do things with old experience and old methods. In the same situation and problems, with the enhancement of farmers' legal awareness, it is impossible to achieve good results with the old methods. Judging from the cases of rural land contract disputes, it is precisely because the village leaders failed to adapt to the needs of the new situation and change their concepts and work styles, failed to contract land according to the procedures stipulated in the land contract law, and occasionally violated farmers' land contract management rights, thus causing land disputes.
Four, the main problems of rural land contract dispute cases and the actual treatment
Judging from the existing legal norms, the trial of rural land contract disputes involves the general principles of civil law, contract law, rural land contract law, judicial interpretation of the Supreme Court, rural policies of the central government in different periods and so on. In addition, villagers' organization law, land management law, agricultural law, inheritance law, guarantee law, marriage law and other norms are also involved. How to apply the relevant norms in judicial trial to solve the retroactivity problem, so as to clarify the judicial confirmation problems in contract signing, performance, validity determination, legal or reasonable judgment, and ensure the reasonable settlement of disputes, is a problem that we need to seriously study. In line with the scientific attitude of respecting history and reality, we should coordinate possible conflicts in the application of laws, take stopping disputes and promoting development as the guide, and properly handle all kinds of land contract disputes according to laws and reference policies. Below, the author talks about some main problems existing in trial practice and how to deal with them.
(1) in the scope of acceptance
1, contractual management right.
Article 51 of the Land Contract Law stipulates: "In order to further clarify the scope of accepting cases by the people's courts, the Law Interpretation [2005]No. 1No. 1 stipulates: It can be seen that disputes arising from breach of contract or disputes arising from infringement by others and disputes over the succession of contracted management rights can be prosecuted, and the law has clearly stipulated. 2. The division of land contractual management right in divorce proceedings.
Article 34 of the Law Interpretation [1999]No. 15 stipulates: "Contractors are husband and wife, and there is no agreement on the rights and obligations of both parties during the performance of the contract. If both parties are qualified as contractors, the people's court shall divide the contractual management right according to the family population, the support for the elderly and the support for minor children." This is the only legal norm that divides the right to contracted management of land so far. At the same time, the newly promulgated Property Law recognizes the land contractual management right as usufructuary right, which should be separable, so there is a legal basis for its inclusion in the scope of accepting cases.
3. The contractor's internal division of the contracted management right originally contracted by the family due to separation requirements.
There are also the above two opinions on this issue. In the trial practice, many people do not accept such disputes on the grounds that such disputes should be handled by towns and villages. However, it is difficult for the village group and the government to handle such disputes, because this is the internal affairs of the contractor, not the external relations. This kind of internal family dispute is usually difficult for them to handle, and the basis for handling it is also insufficient, which eventually leads to the failure to effectively protect the rights of the parties. In fact, the people's court divided the right to indoor contracted management, and did not interfere with the administrative power with judicial power. The original contract is still valid and will not harm the rights of the employer. At the same time, this is not a ownership dispute in the legal sense. Originally, it was shared by family members, but it was divided. The land contractual management right is a property right and can be divided naturally. Moreover, the judicial interpretation of land contractual management right in divorce proceedings clearly stipulates that it can be divided. The essence of these two disputes is the same, both of which are the division of contractual management rights within the family. Therefore, it should be accepted and adjusted by civil law, which not only conforms to the legal provisions, but also fully protects the legitimate rights and interests of the parties.
(ii) regarding the validity of the contract
In the trial of disputes over land contractual management rights, from time to time, some parties will ask for confirmation of the validity of the contract or other types of disputes need to confirm the validity of the contract, so the confirmation of the validity of the contract is of great practical significance to the trial of the case. Let's talk about several contract validity problems that are common and easy to commit in trial practice.
1, on the validity of land contract that violates the principle of democratic agreement.
China law stipulates the principle of democratic consultation on major contract matters. According to Article 14, paragraph 2, Article 15 of the Land Management Law, Item (5) and Item (6) of Article 19, Paragraph 2 of Article 17, Paragraph 2 (3) of Article 18 and Paragraph 1 of Article 48 of the Land Contract Law, if the employer violates the above mandatory provisions, although the law explains [2000] According to Articles 2 and 25 of Law Interpretation [1999]No. 15, if the contract has been signed for one year, but the contractor has actually invested a lot, the people's court will not confirm that the contract is invalid because the employer violates the principle of democratic consultation stipulated by law. Therefore, according to the provisions of the current laws and judicial interpretations, we believe that as long as the contract form is legal in principle, the validity of the contract should be recognized, especially when the village committee as the employer claims that the contract is invalid. Secondly, if the villagers claim that the contract signed by the village committee and others is invalid because it violates the principle of democratic agreement, if the contractor invests a lot and the planting time exceeds 1 year, it will not be supported in principle; If the contractor's planting is less than 1 year, it shall be deemed invalid in principle; Appropriate compensation can be given to those who invest little; If the investment is large, the contract should not be deemed invalid, and the contract term can be adjusted if necessary. If the employer (including the villagers' group) advocates increasing the contract fee, the principle of fairness and the principle of changing circumstances can be introduced to increase it as appropriate.
2. The transfer of land contractual management right does not have the contractual effect of registration or filing.
Article 38 of the Land Contract Law stipulates: "The right to contracted management of land shall be transferred by exchange or transfer. Where a party requests registration, it shall apply to the local people's government at or above the county level for registration. Without registration, you may not be able to fight against bona fide third parties. " In the trial practice, people have different views on the effectiveness of unregistered contracts. The author thinks that the validity of contract and the change of real right are two different concepts. Registration is the way to publicize the change of real right, and real estate registration is the symbol of real right transfer. Whether to register or not mainly shows that whether the property right is transferred is a contract performance problem. Whether a contract is valid or not depends on the provisions of the contract law. If the parties reach an agreement on the establishment and transfer of real rights, as long as the agreement does not violate the mandatory provisions of laws and regulations and the principle of public order and good customs, even if it is not registered, it shall be deemed that the contract has been established and taken effect. Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Contract Law of People's Republic of China (PRC) stipulates: "According to the second paragraph of Article 44 of the Contract Law, the approval or registration procedures shall be handled before the contract comes into effect. Before the end of the debate in the court of first instance, if the parties fail to go through the formalities of approval or registration, the people's court shall consider the contract ineffective; Laws and administrative regulations stipulate that a contract shall go through the registration formalities, but they do not stipulate that it will take effect after registration. If the parties fail to go through the registration formalities, the validity of the contract will not be affected, and the ownership and other property rights of the subject matter of the contract cannot be transferred. " This distinction between registration and transaction itself has changed the previous view that the validity of registration and the validity of the contract itself are confused, which has important practical significance. To sum up, in the process of contracting or circulation, the non-registration does not affect the validity of the contract. However, without registration, it is not allowed to confront a bona fide third party.
3, the transfer of land contractual management rights to change the contractual effect of land use.
It is also a difficult problem in trial practice that the transfer of land contractual management right changes the validity of land use contract. The author thinks that if the purpose and use of the transferred land are clearly defined as non-agricultural purposes when signing the contract, the contract is invalid because Article 32 of the Land Contract Law clearly stipulates that the transfer of the land contractual management right "shall not change the nature of the land use and the agricultural use of the land", which violates the mandatory provisions of the law; If the contract is used for agricultural purposes, but it is actually used for non-agricultural construction, and the transferor knows it, it belongs to the situation that the illegal use is concealed in legal form as stipulated in the contract law, and the contract shall be deemed invalid; If the purpose of signing the contract is indeed agricultural land, but the situation changes and it is changed to non-agricultural construction, it shall be in accordance with Article 60 of the Land Contract Law: "If the contractor illegally uses the contracted land for non-agricultural construction, the relevant administrative departments of the local people's governments at or above the county level shall punish it according to law." If the contractor causes permanent damage to the contracted land, the employer has the right to stop it and ask the contractor to compensate for the resulting losses instead of invalidating the contract.
(C) the division of contractual management rights within the family
China's current laws and judicial interpretations mainly regulate the relationship between contractors and the government, collective economic organizations, etc., and rarely involve the relationship within the family, which brings difficulties to the handling of disputes over the division of contractual management rights within the family. Because people's views are not uniform, it is difficult to apply the law and practice it, and the court "keeps a respectful distance from others" and refuses to accept such cases, so that the legitimate rights and interests of a considerable number of parties have not been properly protected. In my opinion, to hear disputes over the division of contracted management rights within families, we must first make clear who owns the contracted management rights of land within families. Some people think that only the person who obtained the contracted land when contracting the land and the legal heir after the death of the contractor enjoy the right to contract management. The author believes that the people who enjoy the right to contract management include not only the above-mentioned personnel, but also the newly born people in this family. The reason for this is the following：
First of all, as the main source and basic guarantee of farmers' life, land is the most basic means of production for farmers and is closely related to farmers' interests. Farmers' desire for land is based on their simple right to subsistence and development, and it is also the original driving force for rural economic development. On the one hand, the right to contracted management of land embodies the management of collective land, on the other hand, it embodies the distribution of farmers' interests in land. Therefore, land is different from other properties, and depriving the newly-added population of the right to contracted land management is tantamount to depriving the newly-added population of the right to exist.
Secondly, Article 5 of the Land Contract Law stipulates: "Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations according to law. No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. " Therefore, the contractual management right is a kind of membership right, which is acquired with the acquisition of membership qualification, and no organization or individual may deprive it or illegally restrict it.
Third, the land contract is based on the family (household), and the contractor is a family (household), not a partnership contract of several specific people, so it is the family members in the house who enjoy the right to contract management, not just the contractor at that time. When the new population gets the land and the per capita share of the original contractor decreases, the above contradictions will be reconciled. Therefore, the newly added population should have the right to contract the land contracted by families, which is also in line with the policy provisions and is the proper meaning of the policy itself.
Fourth, the adjustment of family members' share has not affected or infringed upon the public right of collective economic organizations to contract land management. In the contract, the contractor is a household, not a specific person, and the principal household is just a representative. He represents not a specific number of people, but this household. Therefore, the adjustment of the share of family members is the internal adjustment of one party to the contract, and the contract has not been changed externally, which has not affected and infringed on the legitimate rights and interests of the contractor. On the contrary, it is more conducive to rural stability and reduces the disputes that the new population requires the employer to contract the land.
To sum up, the new population has the right to contract the land contracted by the family and the share of contracted land within the family. Land contracted by families belongs to families in nature. The right to contracted management can be divided according to the principle that * * * has property. But at the same time, it should be noted that the source, nature and function of the contractual management right are different from other properties, which also determines that the principle of division is different from other properties. The contractual management right comes from its membership. Unlike other property, it is not acquired through labor and investment. As long as you have membership, you have the right to contract management. For farmers, it is the guarantee of basic life and the basic living conditions. Therefore, people with heavy burdens and poor living ability should be properly taken care of when dividing, and the land production capacity and farming convenience should be considered to achieve reasonable and legal division. As for the wife and mother-in-law, he is different from the new population, because they have contracted land in their original birthplace, so they do not enjoy it in principle except for redistributing the contracted land at the wedding place.
(four) on the protection of the legitimate rights and interests of women and their husbands.
According to the survey, women's right to contracted management of land is sometimes violated in rural areas. However, based on traditional moral concepts, farmers' legal awareness and people's vague understanding of villagers' autonomy, even women themselves feel "taken for granted" for such violations. In addition, women's awareness of self-protection is not strong. Regarding the protection of women's right to land contract, the Land Contract Law has made provisions as an important issue. Article 30 of the Land Contract Law stipulates: "During the contract period, if a woman gets married and fails to obtain the contracted land in her new residence, the employer shall not take back her contracted land ...". Article 54 of the Law stipulates: "The employer who commits any of the following acts shall bear civil liabilities such as stopping the infringement, returning the original things, restoring the original state, eliminating the nuisance, eliminating the harm, and compensating for the losses … (7) depriving and infringing on women's right to land contractual management according to law …". The Land Contract Law clearly stipulates that women, as members of collective economic organizations, have equal rights to contract the land of their collective economic organizations, and makes special provisions on the protection of married women's land contract management rights, but there are still some problems in actual operation. Article 34 of Law Interpretation [2005] No.6 stipulates the division of contractual management rights in divorce disputes. However, these national laws protecting women's land contracting rights are seriously challenged by "folk laws" in many places, and even some places have introduced policies that are contrary to national laws and central policies on the grounds of "invigorating land management rights". Therefore, as the last barrier to maintain justice, how to protect the legitimate rights and interests of women in the judicial field requires our efforts. On the contracted land of married women. (5) The right to contracted land management of migrant workers.
There are more and more cases of farmers going to work in cities and buying houses in cities. Although these people have become "city people", they will not give up the contracted land in rural areas easily. The land contractual management right of migrant farmers is protected by law. Article 26 of China's "Land Contract Law" stipulates: "During the statutory contract period, the land shall not be recovered except that the contractor's family moves into a city with districts and becomes a non-agricultural population." It can be seen that the law strictly limits the conditions for the land recovery of migrant workers, and in practice, the rural collective economic organizations or villagers' committees should relax the conditions to recover the land of migrant workers and contract it out to others on the grounds that the contradiction between people and land is prominent. In this case, the court of migrant workers suing for returning the contracted land should be supported.
(six) on the issue of reclaiming the right to contracted management of land on the grounds of abandoning farmland.
The reasons for the contractor's abandonment of farmland are very complicated, especially when the agricultural tax was heavy in the past. Many farmers thought it was more cost-effective to go out to work than to farm at home, which led to some land being wasted. The problem of whether abandoned farmland and abandoned contracted land can be recovered has gone through the process from recoverable to irrecoverable. The provisions ofNo. 15 of the Land Management Law and Interpretation [1999] can be withdrawn, while the Land Contracting Law and Interpretation [1999]No. 15 emphasizes the property right of the contracted management right and clearly cannot be withdrawn. Article 6 of Fa Shi [2005] No.6 stipulates that the contractor's request to return the contracted land should be supported because of disputes arising from the abandonment or withdrawal of the contracted land. When applying this provision, we should pay attention to the time effect. As the provisions of Article 6 of Law Interpretation [2005] No.6 are mainly formulated according to the land contract law, the author thinks that although Article 27 of Law Interpretation [2005] No.6 stipulates that the provisions of this interpretation shall apply to the cases of first instance accepted after the implementation of this interpretation on September 1 2005, the interpretation can only be applied to the land contract law because the law does not retroactively follow the behavior before implementation. The act of recovering the contracted land that was abandoned or abandoned before should be considered effective because it conforms to the legal provisions at that time. However, in order to protect farmers' land contractual management rights, we can refer to the provisions of the Emergency Notice on Properly Resolving the Current Land Contracting Disputes issued by the General Office of the State Council. If the reclaimed contracted land is not contracted out separately, the original contractor's request to continue contracted farming may be supported. If it has been allocated to members of collective economic organizations, it may inform them to apply to the administrative department for settlement.
(seven) on the issue of forced transfer of land contractual management rights against the wishes of farmers.
According to the law, the contractor enjoys the autonomy of land contractual management right transfer, and no organization or individual may hinder or force it. Without the written authorization of the contractor, the employer and other organizations and individuals may not sign a land transfer contract in the name of the contractor, forcing farmers to transfer the contracted management right of land, or forcing farmers to transfer land through democratic consultation on the pretext that the minority is subordinate to the majority, and the transfer relationship is invalid. The court shall protect the farmers who sue to recover and return the contracted land that has been forcibly transferred.
(VIII) Issues concerning the performance of the contract in obviously unfair due to changes in objective circumstances.
When signing a contract involving land transfer, we can only consider the socio-economic conditions and legal policy background at that time, and whether the agreement on rights and obligations of both parties is suitable for the situation at the time of signing the contract. However, the land problem is greatly influenced by social and economic development and changes in national policies. The change of objective conditions in different periods and the adjustment of national agricultural basic policies will often break the balance of rights and obligations of both parties to the contract, make the continuous performance of the transfer contract lose its fair basis, and thus lead to disputes. Article 16 of Fa Shi [2005] No.6 draws lessons from the principle of changed circumstances and provides a legal basis for solving related problems. In practice, some employers have sued to confirm that the contract is invalid, but the essence of the case is not that the contract is invalid, but that the objective situation has changed greatly. When trying such cases, the court cannot easily deny the validity of the contract. Farmers who choose to stay in the village to continue farming, especially those who contract others to abandon the land, not only contribute to grain production and protect cultivated land, but also bear additional obligations and risks. If their interests are not considered, it is neither fair nor in line with the principles of "equal risk and return" and "consistent rights and obligations". Therefore, disputes over circulation contracts caused by historical reasons or policy reasons cannot be declared invalid just because the signing of the contract is not in full compliance with the legal provisions and the rights and obligations are unbalanced, resulting in high-cost aftermath. We should take the principle of promoting production and facilitating implementation, maintain the present situation of land investment, and do not interrupt or destroy land production. However, if the plaintiff's request is rejected and the contract is continued, it will not be conducive to protecting the basic rights of farmers. Therefore, in order to remove the imbalance of rights and obligations in the contract, the judge should explain the law to the parties. After the plaintiff changes the claim, the court can analyze the objective situation of the change, adjust the contract term and change the amount of the contract money on the grounds of the change, in line with the principles of fairness and good faith, so as to resolve contradictions, eliminate disputes, implement the state's policy of benefiting the villagers, and properly handle the case from both legal and social effects.
(9) About the application of evidence in the trial of cases.
Common evidences in this kind of cases are: rural land contractual management right certificate, contract, land list, payment bill, transfer agreement, village Committee certificate and witness testimony. However, most of these evidences are flawed in form and contradictory in evidence. When identifying evidence, we should put each individual evidence in the context of all the evidence, and investigate its authenticity, legitimacy, relevance to the case and the auxiliary role between the evidence. It is absolutely impossible to determine the facts of a case only by relying on one piece of evidence and ignoring other pieces of evidence. Because the parties in rural land dispute cases are generally poor in the ability to provide evidence, and the causes of land dispute cases are complex, two aspects should be grasped in the identification of evidence in the trial: first, according to the rural reality, pay attention to the application of empirical rules; Second, under the premise of complying with the relevant provisions of the rules of evidence, appropriately increase the intensity of obtaining evidence according to the authority and use the evidence as objectively and truly as possible.