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Legal Analysis: Problems in Rural Land Circulation:
1) China's rural land circulation and trading market is not sound enough.
2) The risk protection system is not perfect.
3) The level of awareness of the peasant masses is not high.
4) Insufficient supervision and control in rural land circulation.
Legal basis: Article 3 of the Administrative Measures for the Circulation of Rural Land Contracting and Management Rights Article 3 The circulation of rural land contracting and management rights shall not change the agricultural use of the contracted land, and the circulation period shall not exceed the remaining period of the contract period, and shall not harm the legitimate rights and interests of stakeholders and rural collective economic organizations. Article 6: The contracting party has the right to decide on its own in accordance with law whether the contracted land is to be transferred, and the object and method of such transfer.
No unit or individual may compel or obstruct the contracting party from transferring its contracted land in accordance with law.
Article 7: The proceeds from the circulation of rural land contracting and management rights belong to the contracting party, and must not be occupied, intercepted, or withheld by any organization or individual.
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1. What are the problems in the circulation of rural land?
1. Problems in rural land circulation:
1) China's rural land circulation and trading market is not sound enough;
2) The risk protection system is not perfect;
3) the awareness level of the peasant masses is not high;
4) Insufficient supervision in rural land circulation.
2. Legal basis: Article 13 of the Land Management Law of the People's Republic of China.
Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law owned by peasant collectives and owned by the state in accordance with the law may be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, and so forth that are not suitable for household contracting may be contracted by means of bidding, auction, and public consultation, and may be engaged in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.
Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.
The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.
2. What are the basic principles for the circulation and storage of rural land?
The basic principles of land circulation and storage are as follows:
1. Adhere to the principle of ensuring ownership, stabilizing contracting rights, and invigorating use rights;
2. Safeguard the rights and interests of farmers and adhere to the principle of "voluntary, paid and according to law";
3. Adhere to the principle of optimal allocation of land resources and optimal combination of land and other factors of production;
4. Adhere to the principle of protecting cultivated land and focusing on basic farmland.
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Legal analysis: 1. Accelerate the confirmation of land rights.
2. Regulate land circulation.
3. Basic farmland protection system.
4. Build a land trading platform.
5. Mortgage loan for land contracting rights.
6. Unified urban and rural construction land market.
7. Promote urbanization.
Legal basis: "Measures for the Administration of the Circulation of Rural Land Contracting and Management Rights" Article 27: Township (township) people's ** rural land contracting management departments shall establish a register of the circulation of rural land contracting and management rights, and promptly and accurately record the circulation of rural land contracting and management rights. Where the contracted land is transferred by subcontracting, leasing or other means, the relevant registration shall be handled in a timely manner; Where the contracted land is transferred by way of transfer or exchange, the relevant formalities such as the modification of the contract and the land contracting and operation certificate shall be handled in a timely manner.
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What are the problems existing in the circulation of rural land? At present, China's rural land circulation is generally stable and healthy. However, it must be noted that with the expansion and speed of the circulation of land contract management rights, and the increasing diversification of the objects of circulation and the relationship of interests, there have also been problems such as forced circulation against the will of peasants, infringement of peasants' rights and interests in land contracting, "non-agricultural" and "non-grain" changes in land use, and disputes caused by irregular circulation.
1. Land circulation is not standardized, and there are widespread problems of civilianization, oralization, short-term, and arbitrariness.
2. Farmers have a vague understanding of the circulation of land contract management rights, and the polarity of accumulation is not high enough.
3. The scale of land circulation is relatively small, and the circulation efficiency is not high.
4. The land circulation service is not in place, and the circulation information channel is not smooth.
5. Disputes over the interests of land circulation still exist to varying degrees in various places.
6. There is a lack of standardized management of rural land circulation management.
7. In the process of land circulation, the problem of the contractor changing the use of land is prominent.
Positioned as a fully functional comprehensive information service platform for land circulation, it takes the lead in focusing on the world and the whole country. Following the principle of independence, fairness and justice, with the Internet and mobile Internet technology as the communication carrier and information weapon, free of charge for users to publish land supply and demand information, access to land resources, sales of land resources, sales of land service products, the realization of the best land services, play a role in connecting rural collectives, farmers and enterprises, the role of a bridge and link, to achieve the efficient circulation and optimal allocation of land resources.
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