Court Rules Village Must Pay Land Compensation to Married-Out Woman: 17,000 Yuan Awarded
Court Rules Village Must Pay Land Compensation to Married-Out Woman: 17,000 Yuan Awarded
Case Overview
A civil court in Eastern China ruled that a village committee and its economic cooperative must pay a married woman 17,000 yuan in land compensation fees, rejecting the village’s discriminatory policy against “married-out daughters.” The court held that the plaintiff, Ms. Wang, retained her status as a member of the village collective economic organization despite her marriage, and the village’s refusal to pay her full compensation violated national law.
Case Background and Facts
Ms. Wang was born in a village in Eastern China and held agricultural household registration there. She was issued a land contract certificate by the local government in 1999, confirming her family’s right to contracted land in the village. In May 2008, Ms. Wang married but did not move her household registration out of the village. She continued to hold land use rights in the village. In late 2009, the village distributed land resettlement subsidies of 50,000 yuan per person to villagers in the Baihe area. The village committee and economic cooperative refused to pay Ms. Wang, citing her status as a “married-out daughter.” Ms. Wang sued and won a judgment ordering full payment. In March 2010, the village again distributed land compensation of 17,000 yuan per person to the same area. Once more, the defendants refused to pay Ms. Wang, prompting her to file a new lawsuit seeking 17,000 yuan in compensation plus litigation costs.
Court Proceedings and Evidence
The court accepted the case on December 10, 2010, and applied summary procedures. A trial was held on January 13, 2011. Ms. Wang’s legal representative appeared in court. The defendants failed to appear despite proper service of summons, and the court proceeded in their absence. Ms. Wang submitted five pieces of evidence: her household registration book proving her status as a village member, her land contract certificate showing she held contracted land in the village, the village’s land compensation distribution plan dated March 25, 2010, her marriage certificate, and a certificate from another village committee confirming she did not hold land rights there after marriage. The court reviewed the evidence and admitted it all, noting the defendants had waived their right to challenge the evidence by not appearing.
Court Findings and Judgment
The court found that Ms. Wang was originally a villager of Baihe Village, which later merged into the current village. The rights and obligations of Baihe Village were inherited by the merged entity. Although Ms. Wang married, her household registration remained in the village, she held contracted land there, and she had not agreed to surrender her collective land use rights. The court concluded she remained a member of the village collective economic organization and was entitled to use collectively owned land and other production resources. The court stated that while village committees and villagers’ meetings may adopt village regulations, such rules must not conflict with national laws or violate villagers’ legal rights. The defendants’ policy treating married-out women as special persons and denying them full compensation violated national law. The court ordered the defendants to pay Ms. Wang 17,000 yuan in land compensation within ten days of the judgment taking effect. The defendants were also ordered to bear litigation costs of 112.5 yuan. The court warned that failure to pay on time would result in doubled interest for delayed payment.
Key Legal Principles
The court applied the principle that village regulations and decisions by villagers’ representative assemblies must comply with national laws and cannot infringe upon villagers’ lawful rights. Married women who retain household registration and land rights in their original village remain members of the collective economic organization and are entitled to equal distribution of land compensation. Discrimination against “married-out daughters” in land compensation distributions violates the Land Administration Law and relevant judicial interpretations.
Practical Insights
This case illustrates that village committees cannot use local customs or village regulations to deny land compensation to women who marry but remain registered in the village. Women who hold land rights and maintain household registration after marriage have legally protected claims to collective land distributions. Individuals facing similar discrimination should document their household registration, land contract certificates, and the village’s distribution policies. Courts will enforce equal treatment and may award compensation even if the village fails to appear in court.
Legal References
Land Administration Law of the People’s Republic of China, Article 26; Supreme People’s Court Interpretation on Issues Concerning the Application of Law in Trials of Rural Land Contract Disputes, Article 24; Civil Procedure Law of the People’s Republic of China, Articles 130 and 229.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.