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The confirmation of land rights is confirmed by the local land management department.
In accordance with the provisions of Article 16 of China's Land Management Law, the subject of the right to confirm the right is the people at or above the township level or county level, that is to say, only the people at the township level or above have the right to confirm ownership and use rights.
As the functional department of the people, the land management department specifically undertakes the work of confirming rights, and reports to the people at the same level for decisions on the opinions and suggestions on the confirmation of rights.
The narrow meaning of confirmation of rights refers to the confirmation of the nature of land ownership and ownership in the ownership review stage of the land registration process.
According to the relevant provisions on the confirmation and determination of land ownership, land use rights and other rights in China and the requirements of current land management practice, the confirmation of rights is also one of the important responsibilities of the people at all levels, including formulating and improving laws and regulations and policies on determining land ownership, handling land ownership disputes, and handling the registration of land ownership and the issuance of certificates.
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Cultivated land in rural areas is owned by rural collectives and is managed by village collective economic organizations. If the land distribution is unreasonable, you can first find the township ** or county ** to deal with it.
Land Administration Act
Article 10: Land owned by peasant collectives belongs to village peasant collectives in accordance with law, and is to be operated and managed by village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
16th land ownership and use rights disputes, by the parties to negotiate and settle; If the negotiation fails, it will be handled by the people.
Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.
Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.
Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.
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Land ownership confirmation should be handled by the land management department. In order to determine the ownership and use rights of land, land registration shall be carried out in accordance with the law, and these provisions shall be formulated in accordance with relevant laws, regulations and policies. Land ownership disputes, by the land management department to put forward the handling opinions, reported to the people to issue a decision or reported to the people for approval by the land management department to issue a decision.
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1. The determination of the main body of ownership of rural collective land shall follow the principles of "equality of subjects" and "villager autonomy", and the ownership of rural collective land shall be confirmed to each peasant collective with ownership rights in accordance with the three types of ownership subjects of township (town), village and villager group peasant collectives.
1. Where the land ownership boundary of the villager group (formerly the production team) exists, the land shall be confirmed to the farmer collective of the villager group, and the certificate shall be issued to the farmer collective of the villager group;
2. If the land ownership boundary of the villager group (the original production team) does not exist and is recognized by the vast majority of villagers, the current status of this part of the land should be recognized in accordance with the principle of respecting history and acknowledging reality, and it should be clearly owned by the village farmers;
3. If it is owned by a township (town) peasant collective, the ownership of the land shall be confirmed to the township (town) peasant collective in accordance with the law.
2. Land collectively owned by villagers' groups shall be registered by its collective economic organization or villagers' group in accordance with law and hold a certificate of land rights. If the organizational structure of the villagers' group is not sound, the villagers' committee may apply for registration and custody of the land right certificate on its behalf.
1. Where it involves the "merger of villages" in accordance with the law, and the subject of land ownership remains unchanged after the "merger of villages", the ownership is still confirmed to the original farmer collective;
2. If the subject of land ownership changes after the "merger of villages" and is recognized by the vast majority of villagers, after performing the legal procedures for the change of collective land ownership, the collective land ownership shall be determined according to the changed entity, and the land area of each original peasant collective shall be noted in the land register and land certificate.
3. Where it is involved in carrying out the pilot project of linking the increase and decrease of urban and rural construction land and rural land consolidation in accordance with the law, the original land ownership shall remain unchanged in principle; Where land is adjusted in accordance with the law, the ownership of collective land rights shall be determined in accordance with the adjustment agreement, and the land change registration formalities shall be completed in a timely manner in accordance with the law.
Fourth, after the "withdrawal of villages and resettlement", the original collective land that has not been expropriated shall only be investigated and counted, and no registration and issuance of certificates shall be made. During the survey and statistics, the name of the original farmer collective shall be indicated after the name of the newly established unit.
Confirmation of rights refers to the confirmation of rights, which is your current status of rights. At present, the work of confirming rural land rights refers to the confirmation of rural collective ownership and homestead land use rights. The purpose of confirming rights is to clarify property rights and prevent land ownership disputes caused by imperfect registration systems.
The next step may be to promote the circulation of rural collective contract management rights and homestead use rights. The affirmation of rights is only a means, a confirmation of the rights that are now possessed. The existing policy has made it clear that the right to contract and manage land can be inherited and transferred.
The registration and issuance of certificates for the confirmation of rural collective land ownership is the registration and issuance of certificates for the confirmation of land rights such as rural collective land ownership and collective land use rights. Rural collective land use rights include the right to use homestead land and the right to use collective construction land. The registration and issuance of certificates for the confirmation of ownership of rural collective land shall cover all collective land within the scope of rural areas, including construction land, agricultural land, and unused land owned by peasant collectives, and shall not be omitted.
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With the development of society, more and more people go to the cities to work, and the population in the rural areas has gradually decreased, and many of the land has become barren. Some farmers with old concepts feel that although the land is barren, it is still their own, and some people will occupy the land, leading to land disputes.
In accordance with the provisions of the national land management law, the right to confirm land belongs to the township or the first unit above the county level to have the right to confirm the land. As a functional department, the land management department is responsible for the work of undertaking the right, and the opinions and suggestions on the confirmation of land rights need to be reported to the first department for decision. According to the provisions of relevant policies and laws, the work of confirming rural land rights at the county level is a first-class act.
What are the departments involved in the confirmation of land rights?
1. Standing Committee members and general offices of counties responsible for land rights confirmation.
2. The Party Committee Office responsible for research policies and inspections.
3. Responsible for publicizing, guiding the implementation of the plan, and the work assessment department.
4. The financial department that coordinates and arranges funds.
5. The Ministry of Land Resources of the People's Republic of China, which is responsible for the results of land survey and acceptance and the handling of disputes over land rights.
6. The rule of law department responsible for relevant laws and regulations.
7. Responsible for the registration and issuance of land rights confirmation of the archives management department.
8. Responsible for financial projects and mortgage financing of land operation rights.
Each piece of land must go through relevant procedures such as registration application, cadastral verification, ownership review and registration, and then the issuance of land certificates, and finally can be confirmed. The meaning of confirmation is that the ownership of the land is verified during the registration process**, and the ownership is confirmed. The above is part of the land knowledge sorted out for you, I hope it can help you.
Land right confirmation refers to the confirmation and determination of land ownership, land use rights and other rights, referred to as right confirmation. >>>More