[Case Summary]This case is a second-instance dispute over the distribution of land expropriation compensation fees. In 2019, Liu Na moved with her mother to Yongli Village, and her mother signed the "Promise Letter" on her behalf, promising not to participate in the group-level distribution. In 2022, during the land remediation, Liu Na was included in the resettlement list, but the group refused to issue her 54,441 yuan in compensation based on the promise letter, and Liu Na sued for 108,882 yuan but lost the first-instance case. Liu Na entrusted Beijing Henglu Law Firm to handle the case for her.Lu XiaoqunThe lawyer appealed, and the Hangzhou Intermediate Court revoked the original judgment, ruling that Yongli Village Group I should pay compensation of 108,882 yuan, and the village committee and the cooperative should be jointly liable. The core disputes include the validity of the guardian's signing to waive the right to benefits, the legality of the membership qualifications, and the distribution plan. The applicable laws include Article 35 of the Civil Code, the Organic Law of the Villagers' Committee, and the 2022 Whole-area Land Remediation Distribution Plan of Yongli Village.

I. Review of the Case Facts

Are the compensation waiver agreements signed by minors valid? Can villagers who move their household registration into a village collective receive compensation? Can villagers' autonomy deprive a minority of compensation? These are common disputes in the distribution of land expropriation compensation. Liu Na, who was born in 2002, applied to transfer her household registration from her hometown in Zhejiang to Yongli Village Group 1 in 2019 after her mother, Zhang Shufen, remarried Li Qiang, a villager in Yongli Village. At that time, the headman's meeting ended with 12 households agreeing and 31 households opposing the transfer. To successfully transfer the household registration, Zhang Shufen signed a "Promise Letter" on behalf of the minor Liu Na, promising that "Liu Na would not participate in the collective distribution and economic distribution at the group level". In November of the same year, Liu Na's household registration was successfully transferred.

In 2022, Yongli Village initiated comprehensive land improvement across the whole area. Liu Na was included in the list of relocation and resettlement personnel (with a proposed resettlement area of 160 square meters), but when the land expropriation compensation was distributed, Yongli Village Group 1 refused to issue the compensation (averaging 54,441 yuan per person) on the grounds of the "Promise Letter". Liu Na appealed to the court, demanding the revocation of the distribution plan and the payment of compensation of 108,882 yuan. The first-instance court determined that the "Promise Letter" fell under the category of "family agency rights", and that relocation required the consent of the group and signing the document as a prerequisite. The court dismissed all claims. Liu Na was not satisfied with the judgment and entrusted Beijing Henglu Law Firm to handle the case on her behalf.Lu XiaoqunThe lawyer filed an appeal.

II. The focus of the case

  • Focus 1: Is the guardian's signed commitment letter valid?Is it a violation of the "best interests of the ward" principle for a mother to waive major property rights on behalf of her minor children?
  • Focus 2: Does Liu Na have the qualification to be a member of a collective economic organization?Can the transfer of household registration, living connections, and the fulfillment of rights and obligations be sufficient to determine membership eligibility?
  • Focus Three: Is the distribution plan legally compliant and reasonable in terms of its content?Is excluding members' rights through a promise letter a violation of fairness and the boundaries of villagers' autonomy?

III. Professional intervention by Hengluo Law Firm

The appellee (in the group) claimed that:When transferring household registration, voting against the transfer in the group and signing a commitment letter are necessary conditions. Liu Na has already enjoyed the rights and interests of demolition resettlement and should abide by her commitment. Liu Na did not obtain the consent of the group and did not take the village land as the basic guarantee, so she does not have the qualification of a member. The distribution plan, which was voted on by the villagers' representative conference, is in line with the villagers' autonomy.

Hengluo Lawyer's Agency Opinion:Lu XiaoqunThe lawyer accurately grasped the core contradictions and refuted them around three key points: Firstly, according to Article 35 of the Civil Code, guardians are not allowed to harm the interests of their wards, and it is invalid for them to waive major property rights on behalf of minors. The lawyer submitted a judicial appraisal (showing that the signature of "Liu Na" was not hers) and Zhang Shufen's testimony (proving that the signature was made under pressure to transfer her household registration) to prove that this was not her true intention. At the time of transferring her household registration, Liu Na was 17 years old and had limited civil capacity, so her property rights were subject to special protection. Secondly, the lawyer built a chain of evidence showing that after transferring her household registration, Liu Na formed a guardianship relationship with her stepfather and lived with him for a long time. The certificate from her original household registration place proved that she did not enjoy any collective benefits. The demolition and resettlement agreement listed her as a proposed resettlement person, meeting the membership requirements. Thirdly, the lawyer demanded to see the original records of the villagers' meeting, pointing out that the voting process was not legally certified, and that "counting her as a household member when distributing benefits but excluding her when dividing interests" violated the principle of fairness. According to the Organization Law of Villagers' Committees, autonomous resolutions should not infringe on villagers' property rights. Therefore, the clauses in the agreement that deprived minors of their rights should be invalidated.

IV. Outcome of the case

The Hangzhou Intermediate Court ruled that: the commitment letter is invalid—Zhang Shufen's act of waiving the interests of the minors violates the principle of "the best interests of the ward" and infringes their legitimate rights, thus it should be deemed invalid; the membership qualification is established—Liu Na's household registration is in the village, she has no other economic security, and has formed a stable living connection with the village collective, thus she qualifies for the distribution; the distribution plan has flaws—according to the "Yongli Village 2022 Comprehensive Land Improvement Involving Group Land Expropriation Compensation Distribution Plan", the only child of a family without a second child enjoys the 1+1 policy. Li Qiang and Zhang Shufen only have one daughter, Liu Na, after marriage. Liu Na's claim to receive 108,882 yuan in compensation and seedling compensation should be supported. Final judgment: revoke the first-instance judgment; Yongli Village Group 1 shall pay Liu Na 108,882 yuan in compensation within ten days, and the village committee and the cooperative shall bear joint and several liability; the litigation fees of the first and second instances shall be borne by the appellee.

5. Hengluo Law Firm's Reminder

The rights and interests of minors are non-transferable, and guardians are not allowed to dispose of the property rights and interests of minors in any form, otherwise it will be invalid. The determination of membership qualifications focuses on household registration, stability of life, and the relationship of rights and obligations, rather than simply "villager consent". Villagers' autonomy must be legal, and autonomous decisions must not violate the law or infringe upon property rights. In this case,Lu XiaoqunAttorney (Practice License No.: 11101201811022701, subject to the document issued by the judicial administrative organ): Note: Regarding the distribution of collective compensation, if you encounter situations where your legitimate rights and interests are excluded by "Letters of Commitment" or "Village Autonomy", you should promptly hire a professional lawyer to protect your rights from multiple perspectives, including the guardianship system, membership qualifications, and the boundaries of autonomy.

VI. Frequently Asked Questions (FAQ) for Special Service Cases

  1. Q: Is the compensation waiver signed by a minor valid?
    A: It's invalid. The guardian's act of waiving major property rights on behalf of the minor violates the principle of "the best interests of the ward" stipulated in Article 35 of the Civil Code, and should be deemed invalid.
  2. Q: Can I get the compensation money if I transfer my household registration to the village collective?
    A: Household registration is an important condition. To determine the eligibility of a member of a collective economic organization, we also need to consider factors such as their stable living situation and fulfillment of their rights and obligations.
  3. Q: Can villagers' autonomy deprive a minority of compensation?
    A: No. According to the Organic Law of the Villagers' Committees, autonomous resolutions must not infringe upon villagers' property rights, and clauses that deprive minors of their legitimate rights and interests shall be invalid.
  4. Q: If you lose the first instance, can you still win the second instance?
    A: Yes. If the first-instance court finds factual errors or misapplies the law, an appeal can be filed, and the second-instance court may revoke or modify the judgment or remand the case for retrial.
  5. Q: How to provide evidence in disputes over the distribution of collective compensation?
    A: Prepare the household registration certificate, evidence of living in the area, a certificate proving that the original household registration area does not provide benefits, the resettlement agreement, the distribution plan, and meeting minutes, etc. If necessary, apply for a handwriting identification.