Urgent! On the issue of the distribution of compensation for rural land occupation 100

Article 47 of the Land Administration Law.

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

The compensation for the expropriation of cultivated land includes land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation. The resettlement subsidy for requisitioned 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 to be expropriated by the average amount of cultivated land occupied by the expropriated units before land acquisition. The standard of resettlement subsidy for each agricultural population in need of resettlement is 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 expropriated other land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for expropriated 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.

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

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, land compensation.

The sum of the 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 expropriated cultivated land may be raised.

Our prime minister has already said that the core of China's peasant problem is the land issue. China's reforms began in the countryside and, most importantly, with the introduction of household contract management.

The land belongs to the collective, but the right to produce and operate belongs to the peasants, which is a major feature and a major advantage. We say that we want to give the peasants a long-term guarantee for their land management rights, which will remain unchanged for 15 years and 30 years, that is, forever.

In China, it is necessary to implement the strictest system of cultivated land protection, to protect the peasants' autonomy over land production and operation, to give due compensation to those who occupy the peasants' land, and to give the peasants the main money for land transfers. Those who violate the law and forcibly occupy and indiscriminately occupy peasant land must be severely punished in accordance with the law.

Legal Analysis: The distribution principles of compensation for rural land acquisition: 1. The principle of democratic agreement and the principle of legitimacy, villager autonomy must be the collective will of the real majority of villagers; 2. The principle of equality fully guarantees that each member of a collective economic organization or villager enjoys equal treatment; 3. The principle of consistency of rights and obligations, where members of a class enjoy distributed benefits, they shall consider the size of their obligations to the collective.

Legal basis: "Organic Law of the People's Republic of China on Villagers' Committees" Article 24 The following matters involving the interests of villagers can only be handled after discussion and decision by the villagers' meeting:

1) the use of the proceeds from the village collective economy;

B) the use and distribution of land requisition compensation fees;

3) Other matters involving the interests of the villagers that the villagers' meeting deems should be discussed and decided by the villagers' meeting.

The villagers' meeting may authorize the villagers' representative meeting to discuss and decide on the matters provided for in the preceding paragraph. Where the law has other provisions on matters concerning the discussion and decision of the property and the rights and interests of members of village collective economic organizations, follow those provisions.

Legal Analysis: The distribution principles of compensation for rural land acquisition are as follows:

1. The principle of democratic agreement and the principle of legitimacy;

2. The principle of equality;

3. The principle of consistency between rights and codes and obligations.

Legal basis: Regulations for the Implementation of the Land Management Law Article 26 Land compensation fees shall be owned by rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings. The resettlement subsidy for the land must be earmarked and shall not be diverted for other purposes.

Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; If it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit of Sun Fu; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

The people of cities, counties and townships (towns) shall strengthen the use of resettlement subsidies.

Supervision of the situation.

According to the provisions of the Land Management Law, the compensation fee for the expropriation of cultivated land includes three parts, one is the land compensation fee, the second is the resettlement subsidy, and the third is the compensation fee for the attachments and seedlings on the ground.

The land compensation fee belongs to the village collective, and generally speaking, the village collective retains 20% of the land compensation fee

30. The rest is distributed to individual farmers, and there are two common distribution methods, one is whose land is expropriated and whose land compensation belongs to whom. The other is to distribute it evenly among all the villagers, but no matter which distribution method is adopted, it should be discussed and decided by the villagers' meeting. In accordance with the principle of who is resettled and paid to whom, if the land-expropriated farmers voluntarily give up the resettlement, the resettlement subsidy will be paid to the land-expropriated farmers, and it should be noted here that the farmers who have reached the retirement age can directly receive the landless insurance premiums, and the teenagers under the age of 18 do not need to buy social security, so the compensation is directly paid to the people.

The compensation fee for above-ground attachments and seedlings shall belong to the owner of the above-ground attachments and seedlings, and if it is levied during the circulation period, the compensation fee for above-ground attachments and seedlings shall go to the lessee.

Article 26 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China The land compensation fee shall be owned by the rural collective economic organization; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings.

The resettlement subsidy for the expropriation of land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

The people of cities, counties and townships (towns) shall strengthen supervision over the use of resettlement subsidies.

Article 24 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes provides that a rural collective economic organization, villagers' committee, or villagers' group may, in accordance with the democratically agreed procedures prescribed by law, decide to distribute the land compensation fees it has received within the collective economic organization. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization, and requests the payment of the corresponding share, shall be supported. However, local regulations, autonomous regulations, special regulations, and local regulations that have been reported to the Standing Committee of the National People's Congress and filed with the National People's Congress have other provisions on the distribution of land compensation fees within rural collective economic organizations.

Legal Analysis: The distribution principles of compensation for rural land acquisition are as follows:

1. The principle of democratic agreement and the principle of legitimacy;

2. The principle of equality;

3. The principle of consistency of rights and obligations.

Legal basis: "Regulations for the Implementation of the Land Management Law" Article 26 The land and compensation fees shall be owned by the rural collective economic organizations; The compensation fee for above-ground attachments and seedlings belongs to the owners of above-ground attachments and seedlings. The resettlement subsidy for the land collected must be earmarked for special purposes and must not be diverted for other purposes.

If the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization, and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

The people of cities, counties and townships (towns) shall strengthen the use of resettlement subsidies.

Supervision of the situation.

The distribution objects of compensation for rural land acquisition include collective economic organizations, shareholders and farmers.

Specifically, in terms of land compensation and resettlement subsidies

1. If unified resettlement is implemented, the compensation for land expropriation shall belong to the collective economic organization.

If the unified resettlement is abandoned, the resettlement subsidy shall be paid to the land-expropriated farmers, and the land compensation and incentive fees that can be distributed shall be distributed to the land-expropriated farmers; Equal distribution is carried out, and the distribution objects are all members of the collective economic organization.

2. If the rural land shareholding cooperative system has been implemented, the land compensation fee that can be distributed shall be distributed to all shareholders of the land shareholding cooperative organization.

3. Where rural land is not managed by household contract, but is still managed in a unified manner, it shall be distributed to all members of the collective economic organization.

4. For the expropriation or requisition of mobile land of a collective economic organization, the land compensation fee that can be distributed shall be allocated to the new population of the collective economic organization with the right to contract and operate land.

As far as compensation for above-ground attachments and seedlings is concerned, it belongs to the owner. The distribution of compensation for land acquisition cannot be generalized, and it is necessary to analyze the land status and make a comprehensive judgment based on the different compensation fee items.

2. How to distribute the compensation for rural land acquisition.

The distribution method of compensation for rural land acquisition is as follows:

1. The land compensation fee belongs to the rural collective economic organization;

2 The compensation fee for the above-ground attachments and seedlings shall belong to the owner of the above-ground attachments and seedlings.

3. The resettlement subsidy for requisitioned land must be earmarked and shall not be diverted for other purposes. Where the persons who need to be resettled are resettled by the rural collective economic organization, the resettlement subsidy shall be paid to the rural collective economic organization and shall be managed and used by the rural collective economic organization; if it is resettled by other units, the resettlement subsidy shall be paid to the resettlement unit; Where unified resettlement is not required, the resettlement subsidy shall be paid to the individual resettled person or used to pay the resettled person's insurance expenses after obtaining the consent of the resettled person.

3. What is the compensation procedure for land acquisition in rural areas?

The compensation procedures for rural land acquisition are as follows:

1. Inform the land requisition.

2. Conduct field investigations.

The local land and resources management department shall investigate and preserve evidence the current status of the ownership, land type, and area of the land to be expropriated, as well as the ownership, type, and quantity of the attachments on the ground.

3. Confirm the results of the investigation.

4. Inform of the right to a hearing.

5. The land acquisition plan is submitted for approval.

Municipal and county land and resources departments will formulate land expropriation programs, agricultural land conversion programs, land supply programs, etc., submitted to the people at or above the provincial level for approval.

6. Publish the announcement of the land expropriation plan.

7. Carry out land acquisition compensation registration.

8. Announcement of land acquisition compensation and resettlement plan.