Infringement cases of the implementation of rural land

Paper Keywords: rural land infringement cases
Abstract: In recent years, the state has adopted a series of preferential policies to encourage farmers to farm the land, so farmers cherish the land. Followed, the court received a substantial increase in cases of infringement of land. Land infringement cases the implementation of resistance, high elasticity. handled properly, can easily result in violent resistance to Law, to deepen the conflict between the pArties is not conducive to social harmony.

One type of infringement cases of rural land
First, disputes between neighbors, exit the implementation of the land. Rural land is collectively owned by peasants and the state according to the collective use of land by farmers, woodland, grassland and other Law of the land used for agriculture. Rural family farmers rely on the land contract according to the basic protection to survive, farmers relied not only relied on to provide basic living and commitment to educating their children and other expenses, farmers land use rights is fundamental to settle down. As a result of land adjacent to the land border between the infringement caused by the change, the court decree infringing pArty to withdraw from the land, tort or other person refused to quit.

Second, the decree of infringer to stop infringing on the homestead. Property Law Article 152, land use right according to Law for collectively owned land have the right to possession and use, shall have the right to use the land for the construction of residential and ancillary facilities. This Most of such cases involving homestead drainage, shade houses, out of land.

Second, the implementation of the land should follow the principles of tort cases
First, insist on persuasion and education, and promote the automatic discharge. As the farmers legal consciousness, not through the understanding of Laws and regulations, look for a reason. Strong sense of family influence, take into account the face of the Court's ruling resistance larger. Always trying to decision not to perform. For such cases must be considered in the course of the implementation of the combination of effects and social effects. Although the pArties did not reach an agreement at the stage of the proceedings, but in the implementation phase, the implementation of the pArties must be patient and their families to do ideological work, adhere to convince the education, patience to listen to the parties of the petition. access to litigation files, identify the focus of controversy, ascertaining the facts, review the decision if there are problems. If in the course of decision problems that, according to legal procedures should be timely suspension or stay of execution. The facts are clear decision to withdraw from the land If the person, executives still insist on doing the work of reconciliation. Executive Officer should be invited to have a specific relationship with the parties, in the Village staff for mediation prestigious, say and.

The second is to rely on relevant departments to assist implementation, strictly in accordance with legal procedures. Decision to exit if the need to enforce land cases, the court must in accordance with statutory procedures. To develop careful implementation of the program, in the implementation of the notice within the time limit does not automatically exit should be Notice issued by the Land Force Quit to exit the time should be chosen to complete the sowing crops after harvest. In the process should be invited to relevant enforcement professionals, the local police station and village police officers led to the scene, law enforcement officers should strictly control the development of the situation . for refusing to cooperate prejudice to the implementation of the staff to take decisive measures to promptly removed from the execution site. The court ruling in accordance with the contents of confirmation by the professionals to re-mark made by delivery to the litigation. the entire implementation process, there must be more audio-visual information. there invited the presence of signature. If the person refuses to perform on the ruling, the court shall promptly transfer the relevant materials investigation of police. and judgments made public. as a warning to others.

Third, to impede the implementation of the land deal with infringement cases
Infringement cases since the implementation of the land, unlike the implementation of monetary obligations, which are acts of implementation, the implementation of closed cases, the decision to return to the implementation of the contents of easily pre-implementation status. Reposted elsewhere in the Research Papers Download http:// www.hi138.com first sentence has been executed, executed in turn restore the land to the implementation of the controversial former state, some executives reply to enforcement cases closed, should be further proceedings. In fact, the lack of legal basis for this practice. should be to continue. Supreme Court in the Executive Office of January 2, 2001 reply to Tianjin High Court pointed out: If the person has been executed on the court resumed the subject of the state before the execution, stage a new fact of infringement occurs, but recognized legal instruments in force and the fact that there is no difference, if prosecuted separately applied for execution, the court will re-ruling party's appeal to increase the court hearing involving the burden. Therefore, the debtor will be restored to the implementation of the land in dispute before the state acts identified is the subject of nuisance has been executed, a fine or detention for compulsory measures. executor requires removal of obstacles to the application, and should continue with the original implementation of effective legal instruments.

Second, the sentence has been executed, the executed relatives or other person other than involved to continue to cultivate the land barrier to enforcement, construction and housing. Mainly for relatives and friends of the executed decisions that effect the person has just binding on the their non-binding. relatives in their own name against the Executive. such judgments executed a quit application executor B occupied 50 cm wide of arable land. Zhijie the case after a deal with relatives of C, A to C will subcontract farmland operation, C is completed after the implementation of court decisions in the occupation of farmland B 15 cm wide.

For the Third Party the right to exercise the right to come forward to prevent the situation. I believe that should be dealt with different circumstances, if it is executed relatives to claim the infringer's not the reason the court accepted as an excuse to prevent the exercise of the rights of land use rights can its people by refusing to carry out court decisions or otherwise prevent the direct performance of official duties by judicial officers to take enforcement measures to eliminate the obstruction. If the Third Party that the decision does have the right to claim error, the original decision to prevent the exercise of the right to determine land use the right to be informed of the prescribed period of time, there is right to object to the court. If the Third Party in this no objection is raised within the time limit, or the objection was not founded to be dismissed after the court ruled, the Third Party not in accordance with civil Procedure Law Article 204 proceedings, but continue to prevent the exercise of rights of land use right, you can direct them to take coercive measures to eliminate the impediment. If the Third Party subject to judicial review to challenge the original decision that there is an error, the Third Party's objection grounds for the rule to suspend the execution of the subject, and the retrial of the original sentence, the retrial after the fact that the original decision is unclear, annulling the previous one, the people's court to terminate the execution. the original sentence to be maintained after the retrial, ruling resume the implementation of the original decision, the Third Party to continue to impede the implementation, can be directly coercive measure. If the Third Party in the case to challenge the Executive and closed the case, the implementing agency will not be reviewed, should be further litigation to resolve. reposted elsewhere in the Research Papers Download http://www.hi138.com