The doubt of a land lease contract is heavy, and the procuratorial organs have filed a protest

"After a few years of lawsuits, I was finally at ease." This rural land contractual dispute was submitted to the Procuratorate of Zhuzhou City, Hunan Province, and the court finally accepted the prosecutor's prosecution opinion. On August 24, Uncle Zhu, the leader of the villagers' group, made a special trip to Zhuzhou Procuratorate to express gratitude to the prosecutor handling.

The cause of the case started from 13 years ago. In 2009, a group of villagers in Hongqi Village, Majiang Town, Majiang Town, Chaling County held a meeting to decide to send the mobile fields in the group to the villagers with a public bidding, and the contracting period was 10 years. After the villagers and Uncle Zhu of the group won some mobilized fields, they each transferred it to Chen, a villager Chen. In February 2019, because the land is approaching, the villagers' group plans to meet again to study the issue of outbound packaging, but Chen took a mobile field lease contract to find Uncle Zhu and claimed that this land villager group had contracted him for 40 years. Essence

The contract is covered with the official seal of the villagers' group. If it is packed according to the procedure, Chen will not agree; but if Chen continues to contract the land, the villagers of the entire group will not agree, because the villagers have not signed the contract. For business discussions, the villagers' group decided to file a lawsuit in the court. The court decided that the villagers' group requested a lawsuit request for the recovery of the motor field for the lack of evidence. The villagers' group did not accept it and appealed. The court of the second instance decided that the villagers' group appealed and maintained the original judgment. In December 2019, the villagers' group applied to the court for retrial and was rejected.

In November 2020, the villagers' group applied to the Zhuzhou Procuratorate for supervision on the grounds that Chen should return the mobile field and rental losses. When understanding the relevant situation, a detail attracted the attention of Xiong Yanfeng, deputy director of the procuratorate of the hospital:

"The area of ​​the field in the lease contract is 45 acres, and the actual area of ​​this land is only 21.33 acres. Is the error or the content of the contract is not real? According to relevant laws and regulations, the land contracting period is 30 years, and the 40 years in the contract in the contract. Is the contracting period not real? "

With questions, Xiong Yanfeng visited the court all the dossiers in the case, drafted a detailed investigation outline, and met with the parties and related villagers one by one to investigate the effectiveness of the contract's effectiveness and whether the contracting period was 40 years. As a result, Xiong Yanfeng discovered that the land contract signed by the villager group and Chen was signed and stamped with the official seal by the villagers 'group's accounting on behalf of the villagers' group.

"Is the accounting qualified to sign a contract on behalf of the villagers' group? Does the villager group have confirmed the contract?" Xiong Yanfeng once again conducted a deep talked conversation with the parties, and finally found out the truth of the case. As an accountant of the villagers' group, there is no right to represent the villagers' group signed a contract, and the then team leader of the villagers' group further confirmed that after the land transfer was transferred to Chen, they did not sign a written contract. The period is 10 years, and the contract land will be returned to the villagers' group after 10 years. Since then, the villagers 'group has not recognized the contract signed by the accounting and Chen, and did not hold a meeting of the villagers' group meeting for 40 years.

In January 2021, Zhuzhou Procuratorate asked the Hunan Provincial Procuratorate to protest. The Hunan Provincial Procuratorate was reviewed and believed that the reasons for the establishment of a protest were established. In July of this year, after the trial of the trial, the Hunan Provincial High Court adopted the prosecutor's prosecution opinions, made a final judgment, revoked the original first and second trial judgments, and ordered Chen to return the motor fields contracted by him before December 20 this year to return to the mobile fields contracted to the mobile fields. The villagers' group will pay the rental costs from March 20, 2019 to December 20, 2019 according to the standard of 8,000 yuan each year.

(Source: Procuratorial Daily Author: Zhang Yinfeng Roland)

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