On the issue of rural land, what are the problems of rural land

Article 26 of the Rural Land Contract Law stipulates that the contract-issuing party shall not take back the contracted land during the contract period.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law. During the contract period, if the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contract-issuing party. If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland.

During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.

The first thing you should look at is whether your account is designed for non-farming. If you are still an agricultural hukou, in your case, the land you have contracted has not been recovered, and the term of the contract for the cultivated land in your hands is at least 30 years. After you leave the village, the village committee distributes the land to other villagers, which should be a 'transfer of land contract management rights'.

You have the right to get back the contracted land and continue to operate.

The Rural Land Contract Law also provides for legal provisions for dispute and settlement. Article 51: Where disputes arise due to land contracting and operation, the parties may resolve them through negotiation, or may request mediation by villagers' committees, township (town) people, etc. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

In my personal experience, first of all, you have to ensure that your hukou has not been converted to non-farming, so that the land contract right is still in your hands. The distribution of land to other farmers in the village is a transfer of contracting rights, in the form of 'subcontracting' or 'leasing', whether you are voluntarily profiting from it. The final solution is first to negotiate with the village and the subcontracted farmers, if the negotiation is unsuccessful, it can only be sued by the court if it cannot be solved to the town**.

Rural land disputes shall be resolved through negotiation between the parties; If the negotiation fails, it will be handled by the people. Article 16 of the Land Management Law provides that disputes over land ownership and use rights shall be settled by the parties through negotiation; 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.

If the parties are not satisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days from the date on which they receive 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.

Which department should be used to resolve rural land disputes? Article 51 of the "Rural Land Contract Law of the People's Republic of China" Where a dispute arises due to land contracting and operation, the parties may resolve it through negotiation, or may request mediation by the villagers' committee or the township (town) people**. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails to resolve the lease, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court.

Article 52: Where a party is dissatisfied with an arbitral award made by a rural land contract arbitration institution, it may file a lawsuit with the people's court within 30 days of receiving the award. If the lawsuit is not filed within the time limit, the ruling shall take legal effect. The ways to resolve land disputes are as follows:

Land Confirmation DisputesLand Ownership Confirmation Disputes shall be resolved through negotiation between the parties; 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 township-level **. Where a party is dissatisfied with the disposition decision of the relevant people**, it may initiate an administrative lawsuit with the person who made the disposition decision as the defendant within 30 days of receiving the notice of the disposition decision. Land Infringement DisputesLand infringement disputes shall be settled by the parties through negotiation.

Negotiation fails, can be carried out by the land administrative departments for administrative mediation. If a party is not satisfied with the administrative mediation, it may file a civil lawsuit with the other party as the defendant; The parties may also directly initiate a civil lawsuit without going through administrative mediation. Land administrative disputesLand administrative disputes shall be handled in accordance with general administrative reconsideration and administrative litigation procedures.

Characteristics of land disputes: the diversity of subjects, disputes over land ownership generally occur between the state and the collective, between the collective and the collective; Disputes over the right of use arise between the State and the collective, and between the collective and the collective. It also occurs between the state or the collective and the individual, as well as between the individual and the individual.

The specificity of the object is generally expressed in the question of who owns and exercises the right to use the land. Most of the controversies are characterized by complexity, age, difficulty in verification, and strong policy. There is a specific procedure for land ownership disputes.

The above is the answer to "which department to find to resolve rural land disputes", and it will be handled according to the specific situation.

Hello, I would like to inquire about rural land.

3. Can farmers build houses without permission? 4. After the house is built, can you obtain the ownership of the house? 5. Can a village collective lease its collective land to an enterprise to build a factory?

6. Whether urban residents can buy homesteads in rural areas. 7. How to compensate for the expropriation of cultivated land. 8. What should I do if there is a dispute over land ownership?

9. After the rural villagers sell the houses on the homestead, they can ask Sui whether to apply for the homestead again. 10. Can rural land be contracted to units and individuals other than the collective economic organization?

At present, many peasants are using their fields to build houses or selling them to others to build houses, which has led to a serious reduction in arable land, and this is one reason.

The state's policy is to make the peasants rich, but it may also change its flavor at the bottom.

Look at the local area, some places can be called back to the village, and the village can give you a part of the compensation. The other can be contracted out and signed the kind of five-year and ten-year contract. This saves you trouble.

If you don't want to farm and don't want to live in the countryside, you can withdraw from the contracted land, but once you withdraw from the contracted management right, you will permanently lose the land, of course, you will get a compensation, you can also transfer the cultivated land to others to cultivate, if you quit, you can go to the village to ask, or go to the township ** service hall to consult the process of withdrawing from the contract.

The first is to rent it out, and the second is to give it to relatives to farm, and you receive part of the ration every year. I just gave it to my relatives to plant.

Land circulation refers to the circulation of land use rights.

The meaning of the circulation of land use rights refers to the transfer of land operation rights (use rights) by rural households with land contract management rights to other rural households or economic organizations, that is, the retention of contract rights and the transfer of use rights.

You can find acquaintances or neighbors and the like, and contract them out.

If you can't rent it yourself, it's over.

Policies related to rural land reform.

Land Reform Policy] Improve the land expropriation system, narrow the scope of land expropriation, explore the formulation of expropriation catalogues, strictly define the scope of public interest land, and improve the reasonable, standardized and diversified guarantee mechanism for land-expropriated farmers.

Policy interpretation] The state can expropriate or expropriate land and give compensation for the needs of public interests, but in reality, some places expropriate farmers' collective land in the name of public interests, but use the land for real estate development, enterprise project construction, etc. In terms of compensation for peasants, the state stipulates that the sum of land compensation and land resettlement subsidies shall not exceed 30 times the average output value of land in the previous three years. If compensation is made according to the use of agricultural grain, the average gross income of one mu is 1,000 yuan, and 30 times per mu is only 30,000 yuan, which can be expropriated to build a building, and one square meter will be sold for 5,000 yuan!

Land Reform Policy] Establish a system for rural collective management construction land to enter the market, give rural collective management construction land the ability to transfer, lease and enter the market, and clarify the scope and way of entering the market.

Policy interpretation] In recent years, a large part of the fiscal revenue of some places has relied on "land sales", but land resources are limited after all. In the process of expansion, some cities need to be incorporated into some surrounding rural areas, which is one of the needs of rural collective management construction land to enter the market. Establish a system for entering the market for rural collective construction land similar to village-run enterprises and factories, and "have the same rights and the same price" with state-owned land, so that farmers can use various methods such as transfer, lease, and shareholding to maintain and increase the value of collective construction land!

Land Reform Policy] Reform and improve the rural homestead system, explore the voluntary withdrawal or transfer of homesteads by farmers who have settled in cities, and reform the homestead approval system.

Policy Interpretation] Pilot homestead reform, the basic principle is one house per household, in the future, for the formation of historical reasons for multiple houses or homesteads idle, the measures that the state may take will be "very simple and violent" - taxation, more than the standard, too large area of the homestead will also be taxed! In areas where per capita cultivated land is less and the secondary and tertiary industries are relatively developed, in principle, the distribution of single and scattered homestead land may no longer be carried out, but through the centralized construction of rural apartments and peasant residential communities, one house per household will be implemented. For those peasants who have settled in cities and towns, the homestead land in their village can be withdrawn for compensation on the premise of "voluntary" and purchased by the village collective.

Henan Province has issued a policy requiring cities to establish a rural homestead withdrawal fund, and give one-time economic subsidies to farmers who voluntarily withdraw from homesteads and no longer apply for new homesteads.

Agrarian reform is now being carried out, and land policies are inconsistent in different regions.

If your family's wasteland is collective land, the rumor of investment is not a strategy of the village committee to collect money, you can pay for it. When paying the money, it should be noted that the total cost of 20 years cannot be higher than n times the average annual output value of the land in the previous 3 years. As for how many this n is, you can refer to the Land Management Law:

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation; The resettlement subsidy for cultivated land shall not exceed 15 times the average annual output value of the land in the three years preceding the collection.

The land used to be collective, and after paying the money and writing a contract or receipt, it was still collective land, but it was just land contracted by your family. When expropriating, the specific compensation object is your family. Of course, how much the village committee can profit from it is another matter.

Article 47 Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land.

The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation; The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled.

The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.

In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

48th land requisition compensation and resettlement programme is determined, the relevant local people should be announced, and listen to the views of the land-expropriated rural collective economic organizations and farmers.

49th land-expropriated rural collective economic organizations shall be expropriated land compensation costs of the income and expenditure to the members of the collective economic organizations announced, subject to supervision.