Case review"As a resident of this village and have a village hukou, why don't you give me the compensation I deserve for land acquisition? "
Because you have already secured a civil service position and have a relatively stable income"
Could it be that because I became a civil servant, I was no longer considered a villager? ”
Recently, the People's Court of Xiantao City, Hubei Province heard a dispute case about land requisition compensation, the plaintiff Cheng was a civil servant, was refused to pay land requisition compensation by the village committee, he was not satisfied, and the village committee sued the court, what was the result? Let's take a look.
In the case, Cheng moved his household registration to Village A in July 2021 due to marriage, but did not allocate the responsible land and homestead. In September 2022, Cheng became a civil servant of an administrative unit in Xiantao City, and did not engage in agricultural production in Village A, nor did he undertake the collective obligations of Village A. However, when the collective land of Village A was expropriated, Cheng was found to be ineligible for membership in the collective economic organization and was refused to distribute compensation for land acquisition. In this case, the Xiantao Municipal People's Court held that Cheng did not have the qualifications to be a member of the collective economic organization of Village A, so it rejected Cheng's claim.
What the judge said
In response to this issue, the judge put forward a number of points in his judgment. In the context of the integration of urban and rural economies, the flow of people has become the norm, and some general trends have also emerged in the development of the rural collective economy. For long-term migrant workers, whether they have the qualifications to be a member of a rural collective economic organization needs to comprehensively consider factors such as household registration status, production and living relations, fulfillment of villagers' obligations, and alternative livelihood guarantees.
For migrant workers, if they still enjoy the right to contract and manage land in the village and have not obtained social insurance for urban workers, then the village's collective economic income is still their main social security, and they still have the membership of the collective economic organization. For college students, although their hukou has moved out of the place where the original collective economic organization is located, due to the lack of independent economic income, they still rely on the rural land of the original collective economic organization as the basic livelihood guarantee, so they should retain their membership in the collective economic organization. However, once they have graduated and obtained an urban non-agricultural hukou and are included in the urban social security system, they no longer have the qualifications to be members of rural collective economic organizations.
In the case of a "foreign-married woman", if she has not moved out of her household registration and has not obtained the right to contract land in another place of residence, nor has she obtained social insurance for urban workers, then she still has the membership of the original collective economic organization. As for the "rich man", if he moves out of his household registration and does not have the right to contract land in his place of origin, then he does not have the qualifications to be a member of the original collective economic organization.
Conclusion of the caseIt can be seen from this case that the determination of the membership of a rural collective economic organization requires a comprehensive consideration of multiple factors. In the modern society with the increasing flow of people, we need to re-examine the relationship between household registration and membership of collective economic organizations, and make more scientific and fair judgments to protect the rights and interests of members of rural collective economic organizations and promote the sustainable development of rural economy.