New rights:

Article 264 of the Civil Code:

The provisions of "collective members have the right to inspect and copy relevant materials".

Compared with the previously formulated and effective laws:

The "Village Committee Organization Law", "Property Law", "Land Management Law" and other legal provisions, this article gives villagers:< /p>

A clearer right to know;

A more effective supervision.

Villagers will be able to proactively check and copy relevant information instead of waiting for publicity, which will turn villagers from passive to active.

Note:

The rights holders discussed in this article refer to the members of the village collective organization, not the villagers. For convenience, this article will refer to them as villagers.

Compared with villagers, members of village collective organizations are smaller in scope. Members of village collectives mainly refer to villagers whose household registration is in the village where they live.

In other words:

Basically, if you are registered in the village and have interpersonal, economic and land relations, then you are a collective member of the village;< /p>

If not, you can also become a member of the village or village collective organization with the consent of the village collective organization.

Compared with the villagers’ supervision rights stipulated in other laws, what are the differences between this right stipulated in the Civil Code?

For rights supervision, the first thing is to be informed:

If you don’t know anything about a thing, or only after the thing happens, you are told a vague content, so that you can Supervise and provide relief afterwards.

This not only wastes time, but also prevents your rights and interests from being protected in advance.

Members of village collective organizations supervise village collective economic organizations. In fact, there are already provisions in my country’s Village Committee Organization Law, Property Law, and Land Management Law.

The main provisions are: disclosure of village affairs and announcement of major matters: summarized as follows:

1. "Village Committee Organic Law"

General matters are announced quarterly If there are many collective financial transactions, they should be announced once a month. Major matters involving villagers should be announced at any time, and inquiries from villagers should be accepted.

Village affairs are disclosed by the village committee, published quarterly and monthly, and are open to villagers' inquiries;

2. The "Land Management Law"

is The rural collective economic organization that requisitions land shall announce the income and expenditure status of compensation fees for land requisition to the members of the collective economic organization and accept supervision;

3. "Property Rights Law"

Village Committee The collective property status will be announced to the members of the collective in accordance with the law and the articles of association and villagers' convention.

For villagers, these regulations and important matters regarding their own rights and interests may often only be known after the village committee has made a decision or has reached the distribution stage.

Even accepting inquiries from villagers.

Query also means: viewing and asking, you can only view and ask, but cannot copy.

You must know that in our country’s villages, villagers’ self-governance is implemented, and the village committee is an autonomous organization. The “Village Committee Organic Law” also clearly stipulates that the villagers’ meeting can formulate and amend the villagers’ self-governance charter, village Rules and regulations.

There is only one filing obligation.

This means that the villagers’ meeting can stipulate the specific content and amount disclosed by itself, and can also stipulate the access method and inquiry process, as long as it does not violate the provisions of laws and regulations.

It can be seen from the above

First of all, it is not easy to retain evidence.

The content of the re-publication may be very vague and requires inquiry, but the method and method of inquiry are not specified.

In the end, it may lead to

the rights will not be relieved and the village committee will not be able to effectively supervise.

The provisions of the Civil Code will make it easier for members of village collective organizations to supervise, because their right to know is clearer and wider.

Read and view and copy.

Although there is a difference of a few words, they are completely different, which is more conducive to villagers' supervision and reduces the possibility of rights infringement.

It is also helpful for villagers to fix evidence and provide relief afterwards.

In the "Civil Code" and the "Land Management Law" regarding expropriation and expropriation compensation, the general provisions state that "for the needs of the public interest, real estate or movable property is expropriated or expropriated in accordance with legal provisions, rights and procedures." , fair and reasonable compensation should be given."

It specifically stipulates in the sub-provisions that "for expropriating collectively owned land, land compensation fees, resettlement subsidies, and farmers and villagers' residences, and other Compensation fees for crops and young crops attached to the ground will be paid, and social security fees for land-expropriated farmers will be arranged to protect the lives of land-expropriated farmers and safeguard the legitimate rights and interests of land-expropriated farmers."

As mentioned in my previous article, The three rights of base and land contract management rights are separated.

This means that for our country’s rural areas, the rural revitalization strategy will be vigorously implemented. Under this policy, the potential of rural land and rural economy will be greatly explored and developed.

Among them, the supervision of farmers’ autonomous organizations, village committees and their leaders is particularly important.

Summary:

After the Civil Code comes into effect, if you are a member of a collective organization, you would like to know the current situation of expropriation of collective land in your village. The announcement will be made at the end of next month.

You can now proactively request to view it, instead of following the village agreement, you need to come next month and wait for the announcement.

You can also check and copy now, instead of the previous village committee saying that you can only look at it

You can now also request in detail to check all, instead of the previous village committee saying I can only take a rough look

Yes, these are the new rights granted by the Civil Code, a clearer right to know, and more effective supervision.

The following is the date of the legal provisions:

"Land Management Law of the People's Republic of China" (2020-01-01)

Rural areas whose land was expropriated The collective economic organization shall announce the income and expenditure status of compensation fees for land expropriation to the members of the collective economic organization and accept supervision. It is prohibited to encroach upon or misappropriate the land acquisition compensation fees and other related expenses of the units whose land has been expropriated.

"Organic Law of Villagers' Committees of the People's Republic of China" (2018 Amendment)

Article 27

Villers' meetings can formulate and amend villagers' committees The self-government charter and village rules and regulations shall be submitted to the people's government of the township, ethnic township and town for record. Villagers' self-government charters, village rules and regulations, and decisions of villagers' meetings or villagers' representative meetings must not conflict with the constitution, laws, regulations, and national policies, and must not infringe on villagers' personal rights, democratic rights, and legal property rights. If the villagers' self-governance charter, village rules and regulations, or the decisions of the villagers' meeting or villagers' representative meeting violate the provisions of the preceding paragraph, the people's government of the township, ethnic township, or town shall order corrections

Article 30

Village committees implement a village affairs disclosure system. The villagers committee shall announce the following matters in a timely manner and accept the supervision of the villagers: (1) Matters discussed and decided by the villagers’ meeting and the villagers’ representative meeting as stipulated in Articles 23 and 24 of this Law and their implementation; (2) The implementation plan of the national family planning policy; (3) The management and use of disaster relief, subsidies and other funds and materials allocated by the government and received from social donations; (4) The situation of the village committee assisting the people's government in carrying out its work; (5) Involving the village Villagers' interests and other matters of general concern to villagers. Among the matters stipulated in the preceding paragraph, general matters shall be announced at least once every quarter; if there are many collective financial transactions, the financial income and expenditure shall be announced once a month; major matters involving the interests of villagers shall be announced at any time. The village committee shall ensure the authenticity of the matters announced and accept inquiries from villagers. Among the matters stipulated in this paragraph, general matters should be announced at least once every quarter; if there are many collective financial transactions, the financial revenue and expenditure should be announced once a month; major matters involving the interests of villagers should be announced at any time. The village committee shall ensure the authenticity of the announced matters and accept inquiries from villagers.

Article 31

If the villagers committee fails to announce the matters that should be announced in a timely manner or the matters announced are untrue, the villagers have the right to lodge a complaint with the people's government of the township, ethnic township or town or the people's government of the township, ethnic township or town. The people's government at the county level and its relevant departments in charge report that the relevant people's government or department in charge should be responsible for investigation and verification, and order it to be announced in accordance with the law; if it is verified that illegal behavior has been committed, the relevant personnel should bear responsibility in accordance with the law.

"Property Law of the People's Republic of China" (effective in 2007)

Article 62 Publication of collective property status

Collective economic organizations or village committees . Villagers' groups shall announce the status of collective property to their collective members in accordance with laws, administrative regulations, charters, and village rules and regulations.

Article 264 of the "People's Republic of China and Civil Code"

Rural collective economic organizations or villagers' committees or villagers' groups shall act in accordance with laws, administrative regulations and charters , The village regulations stipulate that the collective property status shall be announced to the members of the collective. Collective members have the right to inspect and copy relevant information.

Article 265: Collectively owned property is protected by law, and any organization or individual is prohibited from appropriating, looting, privately dividing, or destroying it.

If a decision made by a rural collective economic organization, village committee or its leader infringes upon the legitimate rights and interests of collective members, the infringed collective members may request the people's court to revoke it.

Article 1,260: This law shall come into effect on January 1, 2021.