What are the forms of rural land contracting?

In accordance with Article 3 of the Rural Land Contract Law, the State implements a rural land contract management system.

Rural land contracting is to be contracted by households within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable to be contracted by households may be contracted by means of bidding, auction, and public consultation.

1. Subcontracting. Subcontracting is important to occur between peasant households within rural collective economic organizations. The subcontractor is a peasant household that enjoys the right to contract and manage the land, and the subcontractor is a peasant household that has subcontracted the right to manage the land contract.

The subcontractor's property rights to the land contracting and management rights remain unchanged, and the subcontractor shall enjoy the right to use the land contracting and management rights, obtain the income from the contracted land, and pay the subcontract fee to the subcontractor. The permission of the employer is not required for subcontracting, but the subcontract must be filed with the employer. 2. Rental.

Leasing is mainly the lease of land contract management rights by peasant households to persons other than the collective economic organization. The lessor is a peasant household that enjoys the right to contract and manage the land, and the lessee is a person from another village who has the right to contract and manage the land. Leasing is an external civil contract.

The lessee obtains the lease right of the land contracting and management right through the lease contract and pays the rent to the leased farmer, and the farmer does not need to obtain the consent of the employer for the lease of the land contracting and management right, but the lessor needs to file with the employer. 3. Interchange. Swap is the exchange of land contract management rights between peasant households within the rural collective economic organization for the convenience of cultivation and their own needs.

A swap is a reciprocal contract. After the exchange, both parties to the exchange obtain the other party's land contracting and management rights, and lose their original land contracting and management rights. After the farmers of the two sides reach an exchange contract, they should also change the original land contract with the contractor.

Article 40 of the Rural Land Contract Law stipulates that: "The contracting party may, for the convenience of cultivation or their own needs, exchange the land contracting and management rights of land belonging to the same collective economic organization." ”

According to Article 3 of the Rural Land Contracting Law, there are two main types of rural land contracting methods in China: one is household contracting within rural collective economic organizations; The second is contracting through bidding, open negotiation and other means.

Legal basis: Article 4 of the Land Management Law of the People's Republic of China The State implements a land use control system. The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land.

Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land. "Agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, water oak breeding surface, etc.; Construction land refers to the land for the construction of buildings and structures, including land for urban and rural residential and public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism, land for military facilities, etc.; Unused land refers to land other than agricultural land and construction land. Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

1. The name of the contractor's representative should be consistent with the ID card;

2. "Contracted land population" refers to the existing population of rural households;

3. The relationship between the "co-owner of land contracting and management rights" and the "representative of the contractor" should be clear;

4. The starting date of the "contract term" shall be the current date of signing the contract;

5. If there is no private seal of the "signature of the contractor", it shall be signed by the contractor and confirmed by the fingerprint;

6. The length and width of the "contracted land plot" can not be filled, the area must be filled, the "field boundary" of the plot must be accurate and specific, and the inaccurate and specific registration of the ledger should be corrected;

7. "Land plots" are only divided into two categories: paddy field and dry land;

8. The "attachment situation of the contracted land" should be realistic, and should not be omitted or wrongly filled.

1. Whether the land lease is not signed by signing a contract is infringement.

A written contract shall be signed for land lease, and if a dispute arises without a contract, it is a contract dispute and does not constitute a tort.

Article 22 of the Rural Land Contract Law of the People's Republic of China provides that the contract issuing party shall sign a written contract with the contracting party.

The contract generally includes the following clauses:

1) The name of the contract-issuing party and the contracting party, and the names and residences of the responsible person of the contract-issuing party and the representative of the contracting party;

2) The name, location, area, and quality level of the contracted land;

3) The duration of the contract and the start and end dates;

4) the use of the contracted land;

5) the rights and obligations of the contract issuing party and the contracting party;

6) Liability for breach of contract.

2. How to inherit the cultivated land of the elderly in rural areas.

The farmland of the elderly in rural areas cannot be inherited, and the farmland in rural areas is under the household contract ownership system, and the contracted unit is the household. During the contract period, even if the elderly person in the family dies, but the contracted farmer still exists, the farmer still enjoys the right to operate the contracted land, and there is no inheritance problem. If the household registration of the family members is converted to non-agricultural and the peasant household does not exist, then the contract issuing party should take back the contracted land, and there is no inheritance problem.

During the contract period, the contract issuing party shall not take back the contracted land. 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.

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

Article 19 Land contracting shall be carried out in accordance with the following procedures: (1) the contracting working group elected by the villagers' meeting of the members of the collective economic organization; (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 economy 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.

Article 42 In order to develop the agricultural economy, the contracting parties may voluntarily jointly acquire the right to contract and operate land into shares and engage in cooperative agricultural production.

Legal analysis: Rural land contracting adopts the method of household contracting within rural collective economic organizations, and rural land such as barren mountains, barren ditches, barren hills, and barren beaches that are not suitable for household contracting may be contracted by means of bidding, auction, public consultation, and other chain contracts.

The basis of the law of annihilation:

Rural Land Contracting Law of the People's Republic of China》 Article 3 The State implements a rural land contracting management system.

Rural land contracting shall be in the form of household contracting within rural collective economic organizations, and rural land such as barren hills, barren ditches, barren hills, and barren beaches that are not suitable for household contracting may be contracted by means of bidding, auction sheds, and public consultation.

Legal Analysis: Rural land contracting adopts the method of household contracting within rural collective economic organizations, and rural land such as barren mountains, barren ditches, barren hills, and barren beaches that are not suitable for household contracting may be contracted by means of bidding, auction, public consultation, etc.

Legal basis: Article 3 of the Rural Land Contract Law of the People's Republic of China The State implements a rural land contract management system.

Rural land contracting is to be modeled by household contracting within rural collective economic organizations, and rural land such as barren mountains, barren ditches, barren hills, and barren beaches that are not suitable for household contracting may be contracted by means of bidding, auction, or public consultation.