Publicity brochure of the Civil Code on forest-related law popularization

The Civil Code, known as the "Encyclopedia of Social Life", was deliberated and adopted by the Third Session of the 13th National People's Congress and came into force on January 1, 2021. The Civil Code is an important part of the socialist legal system with Chinese characteristics, and is a basic and comprehensive law in the civil field, which regulates the various personal and property relations of various civil subjects, involves all aspects of economy, society and life, and is closely related to the protection of forestry resources and the work and life of forestry producers, operators and managers. The Civil Code consists of seven parts and 1,260 articles, including general provisions, property rights, contracts, inheritance, and tort liability, which involve the rights and obligations of civil subjects related to forestry. We have compiled 50 forest-related questions and answers for forestry authorities at all levels to use in learning and publicity.

1. Q: What impact will the inclusion of the "Green Principles" in the Civil Code have on forestry work?

Answer: The "Green Principle" is to implement the requirements of the Constitution on environmental protection, and it is also the requirement to implement the concept of ecological civilization construction and sustainable development of the CPC Central Committee. Elevating the protection of ecological environment and resources to the status of the basic principles of civil law has distinctive characteristics of the times, and will fully open the civil law channel for environmental resource protection. Specific functions: First, establish the basic orientation of national legislation to regulate civil activities, that is, to save resources and protect the ecological environment as important considerations; Second, civil entities are required to engage in civil activities in line with the concept of saving resources and protecting the ecological environment, and establish the concept of sustainable development; Third, when judicial organs apply civil laws and regulations in adjudicating civil cases, they should strengthen the protection of civil juristic acts that conserve resources and protect the ecological environment.

Article 9: Civil entities engaging in civil activities shall be conducive to conserving resources and protecting the ecological environment.

Article 509:The parties shall fully perform their obligations in accordance with the agreement.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 1229:Where harm to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

Article 1234:Where violations of state provisions cause damage to the ecological environment, and the ecological environment can be restored, the organs provided for by the state or organizations provided for by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.

2. Question: Are rural collective economic organizations, urban and rural cooperative economic organizations, and grassroots mass autonomous organizations legal persons?

A: Yes.

Article 96: The legal persons of government organs, rural collective economic organizations, urban and rural cooperative economic organizations, and basic-level mass autonomous organizations as provided for in this section are special legal persons.

Article 99: Rural collective economic organizations acquire legal person status in accordance with law.

Where laws and administrative regulations have provisions on rural collective economic organizations, follow those provisions.

Article 100 Urban and rural cooperative economic organizations shall acquire the status of legal persons in accordance with law.

Where laws and administrative regulations have provisions on urban and rural cooperative economic organizations, follow those provisions.

Article 101: Residents' committees and villagers' committees have the legal personality of basic-level mass autonomous organizations, and may engage in civil activities as needed to perform their functions.

Where a village collective economic organization has not been established, the villagers' committee may perform the functions of the village collective economic organization in accordance with law.

3. Q: How does the law protect the property rights of civil subjects?

A: Equal protection.

Article 113:The property rights of civil entities are equally protected by law.

4. Q: What is the property right of a civil subject?

Answer: The right in rem is the right holder to have direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 114:Civil entities enjoy property rights in accordance with law.

Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 115 Objects include immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

Article 116:The types and contents of property rights shall be prescribed by law.

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 323:The owner of the usufructuary right shall enjoy the right to occupy, use and benefit from the immovable or movable property owned by others in accordance with law.

5. Q: Does the local government need to compensate for the expropriation of the forest land of the old Wang family for the needs of public interest?

A: Yes.

Article 117:Where immovable or movable property is expropriated or requisitioned in accordance with the scope of authority and procedures prescribed by law for the public interest, fair and reasonable compensation shall be given.

Article 243: For the public interest, collectively-owned land, organizations, and individuals' houses and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law.

For the expropriation of collectively owned land, land compensation, resettlement subsidies and compensation for rural villagers' residences, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and social security expenses for land-expropriated farmers shall be arranged to ensure the livelihood of land-expropriated farmers and safeguard the legitimate rights and interests of land-expropriated farmers.

The expropriation of the houses and other immovable properties of organizations and individuals shall be compensated for expropriation in accordance with law, so as to safeguard the lawful rights and interests of the expropriated persons; Where an individual's residence is expropriated, the living conditions of the expropriated person shall also be guaranteed.

No organization or individual may embezzle, embezzle, privately divide, withhold, or default on the collection of compensation fees and other expenses.

Article 245: For emergency rescue and disaster relief, epidemic prevention and control, and other urgent needs, organizations or individuals may be requisitioned in accordance with the scope of authority and procedures prescribed by law. After the expropriated immovable or movable property is used, it shall be returned to the expropriated person. Where the immovable or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.

Article 338:Where the contracted land is expropriated, the holder of the land contracting and management rights has the right to receive corresponding compensation in accordance with the provisions of Article 243 of this Law.

6. Q: Villager Lao Wang worked in 2010 in other places, could not find a job due to age, and returned home in 2020 to find that his forest land was occupied by the villagers of the same village to build a farm, can Lao Wang file a lawsuit with the court?

A: Yes.

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

7. Q: Is the management right of the forest land contracted by the villager Lao Wang's family a real right?

A: Yes.

Article 207:The property rights of the State, collectives, and private individuals and the property rights of other rights holders are equally protected by law and must not be infringed upon by any organization or individual.

Article 208:The establishment, alteration, transfer, and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 333: The right to contract and operate land shall be established when the contract for the right to contract for land management takes effect.

The registration authority shall issue certificates such as land contracting and management rights certificates and forest rights certificates to the holders of land contracting and management rights, and register and make a register to confirm the land contracting and management rights.

Article 216 The immovable property register is the basis for the ownership and content of real rights.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

8. Q: How long can the contract period of the villager Lao Wang's family contract forest land?

A: 30-70 years.

Article 332 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period for forest land is 30 to 70 years.

At the completion of the contract period provided for in the preceding paragraph, the holder of the land contract management right shall continue to contract in accordance with the provisions of the law on rural land contracting.

9. During the contract period, can Lao Wang transfer the management right of forest land?

A: Yes.

Article 334:In accordance with the provisions of law, the holder of land contracting and management rights has the right to exchange or transfer land contracting and management rights. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.

Article 335:Where land contracting and management rights are exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, it is not allowed to confront a bona fide third party.

10. During the contract period, can Lao Wang use the contracted forest land management right for mortgage loans?

A: Yes.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged:

(1) Buildings and other land attachments;

(B) the right to use construction land;

(3) the right to use maritime space;

(4) Production equipment, raw materials, semi-finished products and products;

(5) Buildings, ships, and aircraft under construction;

(6) means of transportation;

(7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph.

Article 399:The following assets shall not be mortgaged:

(1) Land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

(3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public interest purposes, such as schools, kindergartens, and medical establishments;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

11. Does the village collective economic organization to which villager Lao Wang belongs have the right to interfere with villager Lao Wang's exercise of the rights related to forest land management rights?

Answer: No.

Article 326:In exercising their rights, usufruct rights holders shall comply with the provisions of the law on the protection and rational development and utilization of resources and the protection of the ecological environment. The owner shall not interfere with the exercise of the rights of the usufructuary owner.

12. During the contract period, can the collective economic organization of the village to which the villager Lao Wang belongs adjust and recover the forest land of Lao Wang's family?

A: No, you cannot.

Article 336:During the contract period, the employer must not adjust the contract land.

Where it is necessary to appropriately adjust the contracted cultivated land or grassland due to special circumstances such as serious damage to the contracted land due to natural disasters, it shall be handled in accordance with the provisions of the law on rural land contracting.

Article 337:During the contract period, the employer shall not take back the contracted land. Where the law provides otherwise, follow those provisions.

13. Q: How does the Civil Code protect state-owned forest land and collective forest land contracting?

Answer: Equal protection shall not be infringed upon by any organization or individual.

Article 207:The property rights of the State, collectives, and private individuals and the property rights of other rights holders are equally protected by law and must not be infringed upon by any organization or individual.

14. Q: Do natural resources such as forests, mountains, grasslands, wastelands, and tidal flats belong to the state?

A: It is owned by the state, except for collective ownership as prescribed by law.

Article 250:Natural resources such as forests, mountains, grasslands, wastelands, and tidal flats belong to the state, except where they are collectively owned by law.

Article 251:The law provides that wildlife resources owned by the State belong to the State.

15. Q: What constitutes collectively owned property?

A: Composition of immovable and movable property.

Article 260:Collectively owned immovable and movable property includes:

(1) Land and forests, mountains, grasslands, wastelands, and tidal flats that are collectively owned by law;

(2) Collectively owned buildings, production facilities, and farmland water conservancy facilities;

(3) Collectively-owned educational, scientific, cultural, health, sports, and other facilities;

(4) Other immovable and movable property owned by the collective.

16. Q: What rights does the owner of forest land contract management rights have over his contracted forest land?

Answer: Enjoy the right to occupy, use, and earn, and have the right to engage in agricultural production such as planting, forestry, and animal husbandry.

Article 331: Holders of land contract management rights enjoy the right to occupy, use, and benefit from the cultivated land, forest land, grassland, and so forth they have contracted to operate in accordance with law, and have the right to engage in agricultural production such as planting, forestry, and animal husbandry.

17. Question: Who owns the immovable and movable property owned by the peasant collective?

Answer: It belongs to the collective ownership of the members of the collective.

Article 261: The immovable and movable property owned by peasant collectives belongs to the collective ownership of the members of that collective.

18. Q: What matters should be decided by the members of the class in accordance with legal procedures?

Answer: Paragraph 2 of Article 261 stipulates that the following matters shall be decided by the members of the class in accordance with legal procedures:

(1) Land contracting plans and contracting land to organizations or individuals other than the collective;

(2) Adjustment of contracted land between individual land contracting and management right holders;

(C) the use and distribution of land compensation fees and other expenses;

(4) Changes in the ownership of collectively funded enterprises;

(5) Other matters provided for by law.

19. Q: Who exercises the ownership of collectively owned immovable property?

Answer: Rural collective economic organizations or villagers' committees or villagers' groups exercise ownership rights on behalf of farmers' collectives.

Article 262: Ownership of collectively owned land, forests, mountains, grasslands, wastelands, tidal flats, etc., shall be exercised in accordance with the following provisions:

(1) Where it is owned by a village peasant collective, the village collective economic organization or villagers' committee shall exercise ownership on behalf of the collective in accordance with law;

(2) Where they are owned by two or more peasant collectives in the village, the ownership rights shall be exercised by each collective economic organization or villager group in the village on behalf of the collective in accordance with law;

(3) Where it is owned by a township peasant collective, the township collective economic organization shall exercise ownership on behalf of the collective.

20. What are the rights of collective members to know about collective property?

Answer: Article 264: Rural collective economic organizations, villagers' committees, and villagers' groups shall announce the status of collective property to the members of the collective in accordance with laws, administrative regulations, charters, and village rules and agreements. Class members have the right to consult and copy relevant materials.

21. Question: If a decision made by a rural collective economic organization, villagers' committee or its responsible person infringes upon the legitimate rights and interests of a collective member, can the injured collective member request the court to revoke it?

A: Yes.

Article 265:Collectively owned property is protected by law, and it is forbidden for any organization or individual to encroach upon, plunder, privately divide or destroy it.

Where decisions made by rural collective economic organizations, villagers' committees, or their responsible persons infringe upon the lawful rights and interests of collective members, the injured collective members may request that the people's courts revoke them.

22. What are the ways through which other business entities that are not the collective can obtain the management rights of collective forest land?

A: It can be obtained through bidding, auction, public consultation, etc.

Article 342: Where rural land is contracted through bidding, auction, public consultation, or other means, and a certificate of ownership is obtained through registration in accordance with law, the right to operate the land may be transferred by leasing, buying shares, mortgaging, or other means in accordance with law.

23. Q: Can other business entities that are not the collective obtain the management rights of collective forest land through legal channels be re-transferred?

A: Yes.

Article 342: Where rural land is contracted through bidding, auction, public consultation, or other means, and a certificate of ownership is obtained through registration in accordance with law, the right to operate the land may be transferred by leasing, buying shares, mortgaging, or other means in accordance with law.

24. Question: Does other business entities that are not the collective have the obligation to ensure the agricultural use of the transferred land through legal means when they obtain the management rights of collective forest land through legal channels, and cannot damage the comprehensive agricultural production capacity and the agricultural ecological environment?

A: Yes.

Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.   

Article 45 of the Rural Land Contract Law of the People's Republic of China stipulates that local people's governments at or above the county level shall establish a system for the examination of qualifications, project reviews and risk prevention for industrial and commercial enterprises and other social capital to obtain land operation rights through circulation.

Paragraph 2 of Article 19 of the Forest Law of the People's Republic of China stipulates that if the transferee violates the provisions of the law or the contract and causes serious damage to the forest, forest trees and forest land, the contract issuing party or the contracting party shall have the right to recover the forest land management right.

25. Q: If the demarcation of public welfare forest involves the contracted forest land of the villager Lao Wang's family, does the government need to sign a written agreement with the villager Lao Wang and give reasonable compensation?

A: Yes.

Article 48 of the Forest Law of the People's Republic of China Public welfare forests shall be delineated and promulgated by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.　　The forest land and forests on the forest land in the following areas shall be designated as public welfare forests: (1) the catchment area of the headwaters of important rivers;　　(2) Protecting areas on both sides of the main streams and tributaries of important rivers and drinking water sources;　　(3) around important wetlands and important reservoirs;　　(4) nature reserves of forest and terrestrial wildlife types;　　(5) the windbreak and sand-fixing forest backbone forest belt in areas with serious desertification and soil erosion;　　(6) the backbone forest belt of coastal shelterbelts;　　(7) Undeveloped primary forest areas;　　(8) Other areas that need to be demarcated.　　If the demarcation of public welfare forest involves non-state-owned forest land, a written agreement shall be signed with the right holder and reasonable compensation shall be given.

26. Q: If a collective economic organization or villagers' committee signs a contract to transfer collective forest land to other business entities without the consent of more than two-thirds of the villagers' general assembly members or villagers' representatives, is the contract valid?

A: Invalid.

Article 18 of the Forest Law of the People's Republic of China Collective forest land and forest trees on forest land that have not been contracted shall be managed by rural collective economic organizations. With the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives of the members of the collective economic organization and publicizing it, the right to operate forest land, the ownership of forest trees and the right to use it may be transferred in accordance with the law through bidding, auction, public consultation, etc.

Article 265 stipulates that collectively owned property shall be protected by law, and it is forbidden for any organization or individual to encroach upon, plunder, privately divide or destroy it. Where decisions made by rural collective economic organizations, villagers' committees, or their responsible persons infringe upon the lawful rights and interests of collective members, the injured collective members may request that the people's courts revoke them.

Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

27. Q: Is there any legal basis for the government and its forestry department to formulate the text of the forest-related model contract?

A: Yes.

Article 470:Paragraph 2 stipulates that the parties may conclude a contract with reference to the model texts of various types of contracts.

28. Q: If the model contract for the circulation of collective forest rights is generally a standard clause, should the local government and its departments providing the model contract take a reasonable approach to prompt and explain the clauses that have a significant interest in both parties to the circulation?

A: Yes.

Article 496:Standard clauses are clauses that are drafted in advance by the parties for the purpose of repeated use and are not negotiated with the other party at the time of conclusion of the contract.

Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

29. Q: If the standard clauses of the collective forest rights transfer contract are inconsistent with the non-standard clauses, what clauses should be adopted?

A: Non-standard terms apply.

Article 498:Where there is a dispute over the interpretation of standard clauses, they shall be interpreted in accordance with the common understanding. Where there are two or more interpretations of the standard clauses, an interpretation unfavorable to the party providing the standard clauses shall be made. Where standard terms and non-standard terms are inconsistent, non-standard terms shall be used.

30. Q: If there is a clause in the contract for the circulation of collective forest rights that unreasonably exempts or reduces the liability of one party, increases the liability of the other party, or excludes or restricts the main rights of the other party, does the clause have legal effect?

A: It has no legal effect.

Article 497:In any of the following circumstances, the standard clause is invalid:

(1) They have the circumstances of invalidity provided for in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;

(2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;

(3) The party providing the standard clauses excludes the main rights of the other party.

31. Q: If there is a major misunderstanding or obvious unfairness in the price of forest land transfer or operating income, can the injured party request the court or arbitration institution to revoke the contract?

A: Yes.

Article 147:The perpetrator has the right to request that the people's court or arbitration body revoke civil juristic acts carried out on the basis of a major misunderstanding.

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment capacity, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's court or arbitration body revoke it.

32. Q: Lao Wang, a villager, transferred the management right of the contracted forest land to Li, and the agreed lease period was 25 years (the contract period was still 25 years). Lao Zhang, a neighbor who claimed that the forest land transferred to Li by Lao Wang belonged to him, provided the ownership certificate of the forest land, and demanded that Li pay the rent of the forest land. In this case, what are the ways for Li to seek relief?

Answer: Option 1: Li can request a reduction in rent or not pay rent.

Article 723 If the lessee is unable to use or benefit from the leased property due to a third party's claim, the lessee may request a reduction in the rent or not to pay the rent.

If a third party asserts rights, the lessee shall notify the lessor in a timely manner.

Option 2: You can suspend the performance of the contract, and if the other party fails to recover its ability to perform within a reasonable period of time, you can terminate the contract and request the other party to bear the liability for breach of contract.

Article 528:Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have demonstrated its non-performance of the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.

33. Q: Villager Lao Wang transferred the contracted forest land management right to Li, and the agreed lease period was 25 years (the contract period was still 25 years). At present, Li is unable to pay the rent of forest land due to business difficulties. In this case, how can the villager Lao Wang get relief?

Answer: If Li fails to pay the rent of the forest land on time, Lao Wang can suspend the performance of the contract and urge him, and if Li still fails to pay the rent within a reasonable period, Lao Wang can terminate the contract, take back the right to contract and operate the forest land, and claim his liability for breach of contract.

Article 527:Where a party that should first perform its obligations has definite evidence to prove that the other party has any of the following circumstances, it may suspend performance:

(1) Serious deterioration of business conditions;

(2) Transferring property or withdrawing funds to evade debts;

(3) loss of business reputation;

(4) There are other circumstances in which the ability to perform debts is lost or may be lost.

Where a party does not have definite evidence to suspend performance, it shall bear liability for breach of contract.

Article 528:Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have demonstrated its non-performance of the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.

34. Q: What are the ways to terminate the forest land transfer contract?

Answer: There are two ways: agreed termination and statutory termination.

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

(1) The purpose of the contract cannot be achieved due to force majeure;

(2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

(4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;

(5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

35. Q: What are the procedures for terminating the contract for the transfer of forest land management rights?

Answer: First, the notice is lifted; second, the termination of arbitration; The third is the dismissal of the lawsuit.

Article 565:Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.

36. Q: What are the legal effects after the termination of the contract for the transfer of forest land management rights?

Answer: First, the termination of performance if it is not performed; Second, if it has already been performed, it may request restitution or other remedial measures, and has the right to request compensation for losses; 3. If the contract is terminated in breach of contract, the breaching party may be requested to bear the liability for breach of contract.

Article 566:After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.

If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.

After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.

37. Question: During the marriage of the villager Lao Wang, the forest land management right was transferred to the people to be used as a chicken farm under the forest. Now that villager Lao Wang and his wife Li are divorced, do the income from the transfer of forest land management rights belong to the joint property of the husband and wife?

A: Yes.

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife:

(1) Wages, bonuses, and remuneration for labor services;

(2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

(5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife:

(1) One party's premarital property;

(2) Compensation or compensation received by one party for personal injury;

(3) Property that is determined in a will or gift contract to belong to only one party;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

38. Q: Entrepreneur Li runs a farm and transferred 300 acres of forest land management rights from local villagers. Due to poor management, the arrears of forest land transfer fees amounted to 1 million. Now that Mr. and Mrs. Li are divorced due to emotional discord, does the forest land transfer fee belong to the joint debt of the husband and wife?

A: Yes.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

39. Q: During the contract period, if the married woman does not obtain the forest land contracted by her husband's family, can the contract issuing party recover the forest land contracted by her mother's family?

 A: No, you cannot.

The Rural Land Contract Law of the People's Republic of China stipulates that:

Article 6: Women enjoy equal rights with men in rural land contracting. Women's lawful rights and interests shall be protected in contracting, and women must not be deprived or infringed upon by any organization or individual.

Article 31: During the contract period, where a woman marries and does not obtain the contracted land in her new place of residence, the contract-issuing party must not take back her original contracted land; Where a woman is divorced or widowed and still lives in her original place of residence, or does not live in her original place of residence but has not obtained a contract land in her new place of residence, the contract issuing party must not take back her original land.

40. Question: Villager Lao Wang died of illness, and his only son Xiao Wang worked in Beijing after graduating from university, can Xiao Wang inherit Lao Wang's forest land during the contract period?

A: Yes.

The "Rural Land Contract Law of the People's Republic of China" stipulates that Article 32 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law.

If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

41. Q: Can the villager Lao Wangjia Mountain Forest Ownership Certificate be inherited by will?

A: Yes.

Article 1120: The State protects the inheritance rights of natural persons.

Article 1122: Inheritance is the lawful property left by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123: After the commencement of succession, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

42. Question: After the villager Lao Wang died of illness, he left a posthumous child, should Lao Wang's woodland be reserved for the fetus?

A: Yes.

Article 1155:When the estate is divided, the fetus's share of inheritance shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.

43. Q: After the villager Lao Wang died unexpectedly after his divorce, he left 100,000 yuan in cash, 20 acres of contracted forest land, and 5 houses. His mother is still alive and has two minor children. Now his brother Erwang and his ex-wife want to participate in the distribution of Lao Wang's property, is there a legal basis?

A: No.

Article 1127 The inheritance shall be in the following order:

(1) First order: spouse, children, parents;

(2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not; If there is no first-order heir, the second-order heir shall inherit.

44. Question: During the Qingming Festival, when the villager Lao Wang went to the grave, he accidentally caused a fire in the mountains and forests, burning down nearly one acre of collective forest land in the village, should Lao Wang bear tort liability?

A: Yes.

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1184:Where the property of others is infringed upon, the property losses are to be calculated on the basis of the market price at the time of the loss or other reasonable methods.

Article 1187:After the damage has occurred, the parties may negotiate the method of payment for compensation. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

45. Question: The 6-year-old son of villager Lao Wang played with fire and caused a fire in the mountain forest, resulting in the destruction of 1 mu of collective forest land, who will bear the tort liability?

Answer: Villager Lao Wang.

Article 1188:Where persons who lack or have limited capacity for civil conduct cause harm to others, their guardians bear tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.

Article 1189:Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.

46. Question: Villager Lao Wang contracted the woodland trees to break due to strong winds, which just happened to injure passer-by A, please ask whether villager Lao Wang needs to bear tort liability.

A: Yes.

Article 1257:Where damage to others is caused by the breaking, dumping, or falling of fruits, etc., and the owner or manager of the forest cannot prove that he is not at fault, he shall bear tort liability.

47. Q: Villager Lao Wang did not go through the procedures such as environmental impact assessment, and set up a pig farm on his contracted forest land without authorization. The sewage from the pig farm has polluted the surrounding environment, does the villager Lao Wang constitute an infringement?

A: Composition.

Article 1229:Where harm to others is caused by polluting the environment or destroying the ecology, the infringer shall bear tort liability.

Article 1230: Where disputes arise due to environmental pollution or ecological damage, the perpetrator shall bear the burden of proof on the circumstances provided for by law for not bearing responsibility or mitigating responsibility, and that there is no causal relationship between the conduct and the harm.

48. Q: Villager Lao Wang did not go through the procedures such as environmental impact assessment, and set up a pig farm on his contracted forest land without authorization. The sewage from the pig farm has polluted the surrounding environment, does the villager Lao Wang need to carry out ecological restoration of the polluted environment?

A: Yes.

Article 1234:Where violations of state provisions cause damage to the ecological environment, and the ecological environment can be restored, the organs provided for by the state or organizations provided for by law have the right to request that the infringer bear responsibility for restoration within a reasonable period of time. Where the infringer fails to make repairs within the time limit, the organs provided for by the state or organizations provided by law may carry out the repairs on their own or by entrusting others, and the necessary costs are to be borne by the infringer.

49. Q: Villager Lao Wang did not go through the procedures such as environmental impact assessment, and set up a pig farm on his contracted forest land without authorization. The sewage from the pig farm has polluted the surrounding environment, what is the responsibility for ecological and environmental damage borne by the villager Lao Wang?

Answer: (1) Losses caused by the loss of service functions during the period from the damage to the ecological environment to the completion of restoration; (2) Losses caused by permanent damage to ecological and environmental functions; (3) Expenses for investigations, appraisals, and assessments of ecological and environmental damages; (4) Expenses for cleaning up pollution and restoring the ecological environment; (5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.

Article 1235: Where damage to the ecological environment is caused in violation of state provisions, the organs prescribed by the state or organizations prescribed by law have the right to request that the infringer compensate for the following losses and expenses:

(1) Losses caused by the loss of service functions during the period from damage to the ecological environment to the completion of restoration;

(2) Losses caused by permanent damage to ecological and environmental functions;

(3) Expenses for investigations, appraisals, and assessments of ecological and environmental damages;

(4) Expenses for cleaning up pollution and restoring the ecological environment;

(5) Reasonable expenses incurred to prevent the occurrence and expansion of damage.

50. Q: Villager Lao Wang did not go through the procedures such as environmental impact assessment, and set up a pig farm on his contracted forest land without authorization. The sewage from the pig farm has polluted the surrounding environment, under what circumstances does the villager Lao Wang need to bear punitive damages?

Answer: When villager Lao Wang violates the law and deliberately pollutes the environment and destroys the ecology, causing serious consequences.

Article 1232:Where the infringer violates legal provisions by intentionally polluting the environment or destroying the ecology, causing serious consequences, the infringed party has the right to request corresponding punitive damages.

Source: Guizhou Provincial Forestry Bureau