Land dispute reply 1
Respondent: Li, male, Han nationality, born in July 1948, living at No.50, Li Laojia Administrative Village, Liu Zhuang Town, shenqiu county, Henan Province, with ID number 4 1xx9 and contact information 1xx.
Litigant: Pu, male, Han nationality, born in 1948, living in Liubukou Village, Old Town, shenqiu county City, Henan Province.
20xx February 16, I received a civil lawsuit of 7624 yuan owed to me by Puyin for buying his bricks and a summons from shenqiu county People's Court.
The facts of responding to the lawsuit are as follows:
Pu sued me for buying his brick on 1999 and returned it to 10000 yuan. The balance of 7624 yuan has not been returned. Both parties agreed to pay off (with arrears) on March 1999.
Later, he was sentenced to more than ten years in prison for committing fraud. Because I was unable to exercise my civil rights during my imprisonment, I immediately claimed my rights when I learned that I was released from prison.
The fact is this:
1. I didn't buy Pu Jinglin's bricks, nor did I buy them for Pu Jinglin 1 0,000 yuan. I wrote a 7000 yuan IOU to Pu Jinglin.
The fact is this:
From 65438 to 0999, the town party committee decided to build an organic fertilizer factory in the north of Liu Zhuang Store, and put me in charge of this factory. After the factory building is built, it will be put into production and coordinated with purchase and sale. Party committees at higher levels attach great importance to it, and Liu Guangquan, secretary of the county party committee, and the town party committee often come to inspect and guide it.
1999, the town party Committee decided to build an office building. At that time, I reported to Liu Guangquan, secretary of the county party committee, for instructions, and applied for the approval of Zhang Mingliang, president of the county construction bank, to prepare a loan of 500,000 yuan to the factory. However, it was not approved. Later, introduced by Chen Jian, a member of the Party Committee of the town, the big bag was given to Jiao Jianbin, Jiaozhuang, Linquan County, Anhui Province. The contractor is responsible for all building materials (because they are large packages), and the factory is only responsible for the quality of the project.
1999 Jiao bought bricks and other building materials everywhere to prepare materials for the project.
Because it is a big package project, there is no need to ask Jiao Jianbin whose bricks and raw materials he bought (accountant: Liu Guiting's certificate). In June 2000, the construction team broke ground. Until one afternoon in 2006, at 5438+0, Jiao called me and said that his car was detained by the Chengguan police station. Come here, and then I went. Later, Pu said with concern: At that time, I knew that Jiao bought Pu Jinglin's bricks. At that time, I wanted Jiao to let me deliver the project to the factory, so I asked Pu Jinglin to settle the account first, and then Gong Jiao stopped working, so I wrote an iou of 7,000 yuan to Pu Jinglin to let Jiao's car go.
(Pu, Jiao Jianbin and Tian Hongbo, the driver of my car rental, testify).
Second, Pu 1999 sued me? During the period of 20 14, he was sentenced to more than ten years for fraud, during which he was unable to exercise his civil rights. That's not true. The facts are as follows:
In March 2002, I fell ill and was diagnosed as bladder cancer by Dr. Zhou, an expert in Zhoukou District Hospital. He was hospitalized in time and lived outside the regional hospital.
The inpatient department was operated by the surgeon Tian (Tian and the head nurse's daughter testified).
After several months in hospital, I returned to the factory and Jiao Jianbin's project stopped. The construction workers have all left, the production has stopped and the employees have all left.
The shutdown of the project brought bad mood to the workers in the factory, so a good enterprise collapsed, and all the administrative villages around the fertilizer were used, which was well received and exported to Xiangcheng and the west of Linquan. Someone should jointly write to the provincial and county committees to explain the situation.
I said this factory should be in decline, forget it! Since then, I have been recovering from illness in the factory.
Later, Jiao Jianbin called me and said: There are too many credit accounts around me.
I don't care if I do it again, it's not enough for you, so don't get angry (it's not enough to delay the project).
At the end of 2003 and the beginning of 2004, I didn't feel quite right. Then go to shenqiu county People's Hospital for reexamination. After reexamination, my cancer has recurrent symptoms. At that time, I lived in the surgical inpatient department of our hospital, and the second operation was performed by the chief surgeons Li Bin and Li Peigang (the chief surgeons Li Bin and Li Peigang testified).
After the operation, Liu Guiting, the accountant in the factory, came to see me during my hospitalization. I arranged for Liu Guiting to pay off all my debts with more than 70 tons of chemical fertilizer produced. As long as you owe me an iou, you can fatten up (Liu Guiting's proof).
To 1? Two months later, my wife went back to the factory and the hospital to tell me that the town party Committee thought I was going to die and couldn't live any longer, so she sent the secretary of the town court and the accountant of Li He Foundation to the factory to ask my wife to sign and press the fingerprint to say that the factory was taken away by the town, and Li had nothing left (above).
Three people testified).
When I was discharged from the hospital, the doctor arranged for me that you need chemotherapy for several years, which may be stable.
When I arrived at the factory after discharge, I saw nothing, no one, no office equipment, and I was very angry, so I stayed at home for illness. I thought pu's account was settled, so I didn't ask.
At the end of 2005 and the beginning of 2006, I was afraid that my illness would recur. At that time, I took 1000 yuan and went to Du Qiao, Taizhou City, Zhejiang Province to find my son (he works in Du Qiao). Then my son gave me 6000 yuan, and I rented a house in Du Qiao South Street. 80 yuan's house rented monthly (the owner Cao testified) is ten miles away from Du Qiao Hospital.
The doctor said: According to the residual and location of cancer cells after surgery, some liver, stomach and pancreatic cancer are different, ranging from tens of thousands to thousands of yuan. The doctor looked at the examination results and said: Your operation is very successful, and you can have chemotherapy once every six months. If there is too much chemotherapy, the hair will fall off in a large area, which will have a negative impact on the body.
The first chemotherapy only cost 2000 yuan (certified by Dr. Yin).
From then on, when my son went to work, I cooked some food, took a walk and took care of myself until I had chemotherapy every six months.
My son went to my place on the rest day, and I'll check it myself when the time comes. Until the end of 2008, I felt my body recovered well. I want to come back, but my son won't let me. I lived in Li's hometown (the secretary of the administrative village branch testified) until I came back on 20 10.
Regarding Pu's 7000 yuan brick debt, I received Pu's complaint and
Court summons, I just know that Pu's account has not been settled.
finally
Take facts as the basis and law as the criterion;
1. I didn't buy Plinying's bricks or use them for personal use.
2. Pu and I must find Jiao Jianbin to recover the money and give it to Pu, and take out the IOU written by Li (IOU 7000 yuan).
If Jiao Jianbin said that he gave me 7000 yuan, Jiao can show me the receipt I wrote, and I will bear it.
I am here to convey
Shenqiu county people's court
Respondent: Li
20xx March 6th
Reply 2 to the land dispute
Defendant Yu Yongsheng, male,1born on March 3, 976, Han nationality, born in Xianfeng, Hubei Province, is a villager in Chenguang Village, Gaoleshan Town.
Defendant Yu, female,1born on March 4, 1979, Han nationality, native of Xianfeng, Hubei, a group of villagers in Gaoleshan Village.
Authorized Agent: Zhu Changqian, lawyer of Hubei Hongbian Law Firm.
Authorized Agent: Guan Changming, intern lawyer of Hubei Hongbian Law Firm.
As the plaintiff Yu Xueyun and other seven people filed a lawsuit against the dispute over the allocation of compensation fees for contracted land, the respondent hereby states as follows:
The content of the plaintiff's lawsuit does not conform to the objective facts and is completely absurd and unreasonable.
First, the land compensation fees and land resettlement subsidies referred to by the plaintiff do not belong to the legacy of the plaintiff's parents, and the plaintiff's request for inheritance according to the legacy is unfounded.
As for the land compensation fee and resettlement subsidy referred to by the plaintiff, the North Line Project Construction Headquarters around Xianfeng County has made it clear that the land acquisition compensation, that is, the contracted land of the respondent's mother, was paid to her according to the national policy. Because the respondent's mother has lost her capacity for civil conduct, the compensation is collected by someone in the contracted land, that is, the respondent, and this compensation does not belong to the plaintiff's parents' inheritance at all.
According to the provisions of Article 3 of China's People's Republic of China (PRC) Inheritance Law, land compensation fees and land resettlement subsidies obviously do not belong to the scope of heritage.
Therefore, the plaintiff cannot divide the money as his parents' inheritance claim.
Second, the respondent is not qualified as the defendant's litigation subject.
In the case that this case was identified as a dispute over the distribution of compensation for contracted land, the respondent received the compensation due according to the policy, which was an act of legally exercising rights and did not infringe upon the interests of others.
If the plaintiff has any objection to the allocation of land compensation fees and resettlement subsidies, he shall submit it to the North Ring Road Project Construction Headquarters of Xianfeng County, that is, the policy maker and executor, and the respondent shall not bear any legal responsibility.
Third, the plaintiff does not enjoy the contractual management right of the land referred to in the complaint, and cannot enjoy the distribution right of land expropriation compensation.
When the plaintiff's father died, the plaintiff was married and married, and was no longer a member of this contractor. The other two family members, that is, the contracted land left by the defendant's parents, continued to contract, and the plaintiff did not obtain the land contracting right.
However, the respondent and his parents have been living in this area and actually used and benefited from the contracted land of this family. In the second round of land extension in 2005, they obtained the contractual management right of all the contracted land of this family, and they are the legal contractors of this land.
Chen Guang village committee and a group of villagers proved this point.
Therefore, only the respondent and his mother can fully enjoy the contractual management right of the land referred to in this case and the distribution right of land acquisition compensation, while the plaintiff has no corresponding rights.
Fourth, the plaintiff is not a villager group in Chenguang Village, and does not have the qualification to contract land as mentioned in the complaint.
Article 14 of the Land Management Law of the People's Republic of China stipulates that the land collectively owned by farmers shall be contracted by members of this collective economic organization to engage in planting, forestry, animal husbandry and fishery production.
The term of contracted operation of land is 30 years.
The employer and the contractor sign a contract, stipulating the rights and obligations of both parties.
Farmers contracted to manage land have the obligation to protect and rationally use the land according to the purposes agreed in the contract.
Farmers' right to contracted management of land is protected by law.
In other words, only people who are members of collective economic organizations can contract collectively owned land.
In this case, the plaintiffs, aged 78 and 56, were married and left Chen Guangcun Group. Some of them have obtained the membership of other economic organizations, and some are non-agricultural registered permanent residence, and they have been included in the national social security system. None of them have the household registration of Chen Guang's villagers' group, and they have lost their qualifications as villagers. Therefore, they can't enjoy the distribution right of compensation fees for this batch of land.
To sum up, all the actions of the respondent were legitimate exercise of rights and did not infringe any rights of others.
The land compensation referred to in the plaintiff's complaint is not the inheritance of the plaintiff's parents. The plaintiff neither owns the contractual management right of the land, nor actually uses and benefits the land. The plaintiff's claim is unfounded in law and is purely unreasonable.
Request the people's court to find out the facts and handle them fairly in order to safeguard the legitimate rights and interests of the respondent.
Zhezhi
Xianfeng county people's court
Respondents:
Xx 22nd, two thousand.