How to redistribute contracted land and how to distribute contracted land in rural areas

The land has always been divided according to the agricultural population, and I have always understood it that way.

In the process of awarding land contracts, it is necessary to adhere to the principle of fairness, not only to consider that everyone has a share, but also to divide the land for contracting within the collective economic organization into several types, such as superior, medium, and inferior, according to the location and fertility of the land, and then distribute it equally among the contractors in each type of land. In the process of inheriting the right to contract and manage land, if there are multiple heirs after the death of the decedent, if the land is not regulated and solved by the method of separate inheritance, it will lead to further fragmentation of the land, and the narrow scale of the plot, which is not conducive to the large-scale operation of the land, and seriously affects the sustainable development of agriculture, which is contrary to the original intention of the large-scale operation of agriculture that we pursue.

Land compensation fees, resettlement fees, and seedling fees shall be compensated in accordance with the provisions of the Land Law.

Article 47 of the Land Management Law of the People's Republic of China stipulates that where land is expropriated, compensation shall be given according to 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 resettlement subsidy for 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 in need of resettlement shall be four to six times the average annual output value of the cultivated land in the three years prior to the expropriation. However, the resettlement subsidy for each 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.

Legal analysis: The distribution of rural contracted land should follow certain principles, and it generally follows the following procedures: the villagers' meeting of the members of the collective economic organization elects the contracting working group; The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; Publicly organize the implementation of the contracting program; Sign the contract.

Legal basis: Rural Land Contract Law of the People's Republic of China

Article 19: The following principles shall be followed in land contracting: (1) When uniformly organizing contracting in accordance with provisions, the members of the collective economic organization shall exercise the right to contract land on an equal footing in accordance with law, and may also voluntarily give up the right to contract land; (2) Democratic consultation, fairness and reasonableness; (3) The contracting plan shall, in accordance with the provisions of Article 13 of this Law, be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization; (4) The contracting procedure is legal.

Article 20: Land contracting shall be carried out in accordance with the following procedures: (1) The villagers' meeting of the members of the collective economic organization elects the contracting working group; (2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; (3) Convene a meeting of the villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; (4) Publicly organize the implementation of the contracting plan; (5) Sign the contract.

No. After the expiration of the contract period, the original contractor has the right of first refusal, and it is impossible for the bureau to redistribute it, but it is completely possible to make appropriate adjustments to the contracted land of each family under the circumstances of discussion and approval by the villagers' general meeting or the villagers' congress 2 3 or more according to the reasons such as the relocation of the village's household registration, the new household registration, and the death of the population. After the expiration of the rural land contract management right, it needs to be redistributed and adjusted in accordance with the law at that time and the number of contract management right holders.

1. Adjustments will be made in the following circumstances:

1. The parties are not satisfied with the mediation opinions made by the administrative organs on rural land contract disputes.

2. Landless villagers directly file a lawsuit with the court to regain the right to contract and manage rural land.

3. Villagers sue the villagers' meeting for confirmation or revocation of the resolution or distribution plan on the collective property income.

4. There is no resolution or plan for the distribution of collective property income and directly sues for the distribution of collective property income.

5. Disputes arising from the exercise of the right to manage village collective affairs by village committees and organizations due to elections, resignations, dismissals, expulsions, etc.

Legal basis

Rural Land Contract Law

Article 4 The ownership of land shall remain unchanged, and the state shall protect the long-term stability of rural land contract relations in accordance with the law. After the rural land is contracted, the nature of the ownership of the land remains unchanged. The contracted land shall not be bought or sold.

Article 20 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period of forest land is 30 to 70 years; The contract period of forest land for special forests can be extended with the approval of the competent forestry administrative department.

Article 27: During the contract period, the contract issuing party shall not adjust the contract land.

During the contract period, if the cultivated land and grassland contracted between individual peasant households need to be appropriately adjusted due to special circumstances such as serious damage to the contracted land due to natural disasters, it must be approved by 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 shall be reported to the township (town) people's ** and county-level people** agricultural and other administrative departments for approval. If it is stipulated in the contract that it shall not be adjusted, it shall be in accordance with its agreement.

Each place is different, and some places can be redivided or left in place.

The distribution of rural contracted land shall follow certain principles, and it shall generally follow the following procedures: the villagers' meeting of the members of the collective economic organization elects the contracting working group; The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; Convene a meeting of villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; Publicly organize the implementation of the contracting program; Sign the contract.

1. What should I do when the land contract management right expires?

After the expiration of the land contract management right, the contractor may choose to renew the contract with the contract issuer or not continue the contract. If the contractor does not continue the contract, the right to use the land shall be returned to the employer. After the expiration of the right to contract and operate rural land, the village collective shall re-issue the contract and sign a contract with the contractor.

When the contract is reissued, the village collective shall determine the distribution plan and submit it to the villagers' assembly for discussion and decision. Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law. No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land.

2. What are the steps for the implementation of household land contracting?

The procedure for contracting family land is:

1. The village committee convenes a meeting of the members of the collective economic organization and elects the land contract working group;

2. The contracting working group formulates and publishes the plan for the reform of the contracted land in accordance with the law, and solicits opinions from all members of the collective economic organization;

3. Convene a meeting of villagers of members of collective economic organizations;

4. Publicly organize the implementation of the contracting plan;

5. Sign the family land contract.

3. How to calculate the compensation fee for the expropriation of rural collective land.

The distribution of compensation fees for rural collective land expropriation shall be: land compensation fees shall be owned by the collective and shall be distributed to all members of the collective economic organization; The resettlement subsidy shall belong to the contractor of the land verification and shall be distributed to the contractor of the land who has lost his land during the contract period; The compensation fee for seedlings and above-ground attachments belongs to the operating growers and the holders of attachment rights, and the specific distribution can be discussed and decided by the village collective convening a villagers' meeting.

Rural Land Contract Law of the People's Republic of China

Article 19: The following principles shall be followed in land contracting: (1) When uniformly organizing contracting in accordance with provisions, the members of the collective economic organization shall exercise the right to contract land on an equal footing in accordance with law, and may also voluntarily give up the right to contract land; (2) Democratic consultation, fairness and reasonableness; (3) The contracting plan shall, in accordance with the provisions of Article 13 of this Law, be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization; (4) The contracting procedure is legal.

Article 20: Land contracting shall be carried out in accordance with the following procedures: (1) The villagers' meeting of the members of the collective economic organization elects the contracting working group; (2) The contracting working group formulates and publishes the contracting plan in accordance with the provisions of laws and regulations; (3) Convene a meeting of the villagers of the members of the collective economic organization in accordance with the law to discuss and approve the contracting plan; (4) Publicly organize the implementation of the contracting plan; (5) Sign the contract.

Legal analysis: The rural land policy has the following new provisions: 1. The issuance of the four major certificates may be stopped, 2. The land will not be redistributed, and 3. The rural land will be strictly protected.

Legal basisCriminal Law of the People's Republic of China

Article 342:Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, or changing the use of the land occupied by the suspected, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Article 342-1 Whoever violates the regulations on the management of nature reserves by carrying out reclamation, developing live stoves, or constructing buildings in the National Suibianchong Park or National Nature Reserve, causing serious consequences or other heinous circumstances, shall be sentenced to up to five years imprisonment or short-term detention and/or a fine.

Where the conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

The situation in each place is different, some are redivided and some are not, our village wants to pay money in situ, but we don't pay for redistribution.

Legal Analysis: Rural land cannot be redistributed. It is necessary to wait for the contract to expire before it can be reassigned.

Legal basis: Law of the People's Republic of China on Rural Land Rejection and Contracting" Article 27 During the period of contracting, the contracting party shall not adjust the contracted land. During the contract period, if the cultivated land and grassland contracted between individual peasant households need to be appropriately adjusted due to special circumstances such as serious damage to the contracted land due to natural disasters, it must be approved by 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 shall be reported to the township (town) people's ** and county-level people** agricultural and other administrative departments for approval.

Where it is stipulated in the contract that adjustments must not be made, follow those provisions.