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No.1 of 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:王淑荣与何福云、王喜胜等农村土地承包经营权纠纷案
【法宝引证码】

No.1 of 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)
(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:王淑荣与何福云、王喜胜等农村土地承包经营权纠纷案
[核心术语]
城市居民;土地承包经营权
[争议焦点]
1.在土地延包之前,已将户口迁入设区的城市落户的原承包人,是否继续享有土地承包经营权?
[案例要旨]
由于我国长期存在城乡二元体制城市居民享有基本的社会保险和福利而对农村村民而言土地承包经营权则是农户成员的基本生活保障农户家庭为本集体经济组织的承包方。依据《农村土地承包法》第二十六条第三款规定承包期内...
No.1 of 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:王淑荣与何福云、王喜胜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's household were family members. The five family members contracted 5.4 mu of land, 1.08 mu per capital 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 account. 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:王淑荣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、确认王淑荣对王振学承包的土地无承包经营权。王淑荣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。王淑荣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,王淑荣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。王淑荣的户口于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》,共有人没有记载王淑荣。
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何福云、其子王喜东、王喜胜。
After a hearing of first instance, the court rendered a judgment that: (1) the land contract entered into between Wang Zhenxue and the Villagers' Committee was legally valid; and (2) Wang Shurong was not entitled to the contractual management of 1.08 mu of land that was contracted by Wang Zhenxue. After a hearing of second instance, the Intermediate People's Court of Baicheng City rendered a judgment that Wang Shurong's appeal should be dismissed and the original judgment should be sustained. After a retrial, the Intermediate People's Court of Baicheng City rendered another judgment that: (1) the judgment of second instance and item (2) of the judgment of first instance should be revoked; and (2) item (1) of the judgment of first instance should be sustained. In December 2009, the Higher People's Court of Jilin Province rendered a ruling to dismiss the application of Wang Shurong for retrial. In June 2012, after the case was heard, the Higher People's Court of Jilin Province rendered a judgment that: (1) the judgments of both first instance and second instance and the original civil judgment on retrial should be revoked; and (2) the claims of Wang Zhenxue should be dismissed. 一审法院判决:1、王振学与村委会签订的土地承包合同有效;2、王淑荣对王振学承包的土地不享有1.08亩承包经营权。白城中院二审判决:驳回王淑荣的上诉,维持原判。白城中院再审后判决:1、撤销二审判决和一审判决第二项;2、维持一审判决第一项。2009年12月吉林高院裁定驳回王淑荣的再审申请。2012年6月吉林高院提审后判决:1、撤销一、二审判决及原再审民事判决;2、驳回王振学的诉讼请求。
2. Judgment 裁判结果
...... ......

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