Home > English > Judicial Cases > Full Text
Hits Focused   English 中文
Copy Full Text Download Favorite Operation
  • Format:
  • View:

No.1 of the Second Group of Model Cases regarding Guaranteeing People's Livelihood Issued by the Supreme People's Court: Wang Shurong v. He Fuyun, Wang Xisheng, et al. (case of dispute over rural land)

最高人民法院公布保障民生第二批典型案例之一:***与***、***等农村土地承包经营权纠纷案

  • No.1 of the Second Group of Model Cases regarding Guaranteeing People's Livelihood Issued by the Supreme People's Court: Wang Shurong v. He Fuyun, Wang Xisheng, et al. (case of dispute over rural land)
  • 最高人民法院公布保障民生第二批典型案例之一:***与***、***等农村土地承包经营权纠纷案
  • 1. Basic Facts
  • 基本案情
  • On October 30, 2007, the Rural Land Contracting Arbitral Commission of Taobei District, Baicheng City, Jilin Province rendered a ruling that Wang Shurong was entitled to the contractual management of the land that was cultivated by Wang Zhenxue. Wang Zhenxue, Plaintiff in the first instance, requested the People's Court of Taobei District to confirm that: (1) the contract on land contractual management entered into between the Villagers' Committee of Sanyue Village and Wang Zhenxue was valid; and (2) Wang Shurong was not entitled to the contractual management of the land that was contracted by Wang Zhenxue. Wang Shurong argued that she had one fifth of the right to the contractual management of the land that was contracted by Wang Zhenxue. Wang Shurong was married on January 25, 1975. Since her husband was a serviceman, her permanent residence was still registered under Wang Zhenxue's household. In 1982, when Sanyue Village contracted out land, Wang Shurong and Wang Zhenxue were family members in the same household. The five family members contracted 5.4 mu of land, 1.08 mu per person and the head of the contract household was Wang Zhenxue. In January 1992, Wang Shurong relocated her permanent residence to Baicheng City and obtained a non-agricultural hukou. In the second round of land contracting in 1997, the household of Wang Zhenxue undertook 4.82 mu of land and obtained the Rural Land Contractual Management Certificate in 2005. Wang Shurong was not recorded as a co-owner.
  • 2007年10月30日,吉林省白城市洮北区农村土地承包仲裁委员会作出裁决:***对王振学所种土地享有承包经营权。一审原告王振学遂向洮北区人民法院请求:1、确认三跃村村委会与王振学签订的土地承包经营合同有效;2、确认***对王振学承包的土地无承包经营权。***答辩称其在王振学承包的土地中享有五分之一的承包经营权。***1975年1月25日结婚,由于其丈夫是军人,故户口仍在王振学家。1982年,三跃村发包土地时,***与王振学一家系同一家庭成员,5口人承包5.4亩地,人均1.08亩,承包户户主为王振学。***的户口于1992年1月迁入白城市并转为非农业户口。1997年第二轮土地承包时,王振学家承包4.82亩土地,并于2005年取得《农村土地承包经营权证》,共有人没有记载***。
  • Wang Zhenxue died in October 2010 and the respondent was altered from Wang Zhenxue to He Fuyun (wife of Wang Zhenxue) and Wang Xidong and Wang Xisheng (sons of Wang Zhenxue).
  • 王振学于2010年10月死亡,被申请人由王振学变更为其妻***、其子王喜东、***。
  • Tel: +86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
  • Mobile: +86 133-1157-0713
  • Fax: +86 (10) 8266-8268
  • E-mail: database@chinalawinfo.com
© Pkulaw (www.pkulaw.com) provides various professional solutions in such fields as legal information, law knowledge and legal software. Pkulaw provides you with abundant reference materials. When you invoke articles of laws and regulations, please check them with the standard texts.
You are welcome to view all our products and services. Pkulaw Express:How to quickly find information you need? What are the new features of Pkulaw V6?

Scan QR Code and Read on Mobile

智能检索

Welcome to V6

We will provide better legal search services for you

Back to V5 Still in V6

Expiration Reminder

Your partial permission to access Pkulaw.com expired on May 31, 2022.Upon expiry your account can still be used, but some access will be limited.

You can renew your subscription now by clicking the button below.Pkulaw.com welcomes you to participate in our Mid-Year Lucky Draw to win up to 10,000-yuan gift when you buy 3,600 yuan or more.

Ok Renew

Expiration Reminder

Your partial permission to access Pkulaw.com expires on May 31, 2022. Upon expiry your account can still be used, but some access will be limited.

You can renew your subscription now by clicking the button below. Pkulaw.com welcomes you to participate in our Mid-Year Lucky Draw to win up to 10,000-yuan gift when you buy 3,600 yuan or more.

Ok Renew