论文部分内容阅读
今年以来,塔城地区两级法院受理的涉农负担案件有逐渐增多的趋势。其中因农民不交提留、集资和承包合同款等而由村委会提起诉讼的案件占多数。从案件的具体事实来看,引发纠纷的农民负担主要有两大类:一类是依法应由农民承担的合法负担,另一类是违法要求农民承担的不合法负担。第一类案件主要是因对国家法律、法规及政策规定的农民应承担的五种负担。(即:缴纳税金;完成国家农产品定购任务;依法承担村提留,乡统筹;依法承担义务工、劳动积累工;依法缴纳行政事业性收费,集资和基金)所适用的条件和标准理解、掌握不同而引发的。此种案件,提起诉讼的主体可分两种:一种是农民对其本
Since the beginning of this year, cases involving agriculture-related burden accepted by the two levels of courts in Tacheng have been gradually increasing. Among them, the majority of cases filed by the village committees for non-payment of farmers, fund-raising and contracts for contract payments were the majority. Judging from the specific facts of the case, there are mainly two major types of peasant burden that cause disputes: one is the legal burden borne by peasants in accordance with the law, and the other is the unlawful burden that peasants need illegally. The first type of cases are mainly the five types of burdens that peasants should bear due to the provisions of national laws, regulations and policies. (Ie: pay taxes; complete the task of ordering agricultural products in the country; undertake village bureaus and townships in accordance with the law; undertake volunteer work according to law and accumulate labor; pay administrative fees, raise funds and funds according to law) Understand and master different conditions and standards And triggered. In such cases, the subject of litigation can be divided into two types: one is the peasants’ right of its own