The law stipulates what is cultivated land and the issue of compensation under the Land Management L

Cultivated land refers to the land where crops are planted, including cooked land, newly developed, reclaimed and sorted land, and fallow land (including rotational land and crop rotation land); land where crops (including vegetables) are mainly grown, with scattered fruit trees, mulberry trees or other trees; On average, one season of reclaimed tidal land and tidal flats can be harvested every year. Cultivated land includes ditches, canals, roads and ridges (ridges) with a fixed width of meters in the south and meters in the north; Cultivated land for temporary planting of medicinal herbs, turf, flowers, seedlings, etc., and other cultivated land that has been temporarily repurposed.

If you don't have a contract, it means that there is no evidence, which is the direct reason for losing the lawsuit. It's not the truth of the fight, but the big evidence!

Therefore, there is no legal basis for you to obtain compensation, and if the court of litigation will not support your claim for compensation.

This land compensation fee can only be paid to the contractor of the land, and the identity of the contractor is the letter of undertaking.

The compensation fee for land acquisition is a kind of compensation for the right to contract and operate the family, and the property right is statutory, according to the usufructuary attribute of the right to contract and manage the right of the family, even if there is no written contract and certificate of the right to contract and operate the land, when the land is expropriated, the land compensation fee should also be obtained. On the contrary, if it is contracted by other means, the rights and obligations are agreed by both parties and have nothing to do with the planting period, and the key is whether the land is evenly distributed according to the population.

Referring to the provisions of the Land Management Law, the compensation fee for the expropriation of the land includes land compensation, resettlement subsidy, and compensation 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 that has been expropriated by the amount of cultivated land per capita 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, with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government, the resettlement subsidy may be increased. 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.

Answers]: b, c, e

2021 Textbook P397 2020 Textbook P382 2019 Textbook P381

Land requisition compensation and resettlement funds include land compensation fees, resettlement subsidies, compensation fees for the relocation of rural settlements, urban (market) towns, industrial and mining enterprises, and relocation or rehabilitation of professional facilities (including compensation for above-ground attachments), compensation for personal property of migrants (including compensation for above-ground attachments and seedlings) and relocation fees, clean-up fees for reservoir bottoms, compensation fees for submerged cultural relics and other expenses stipulated by the state and state.

Legal Analysis: The state may, in accordance with the provisions of the law, expropriate or expropriate land and provide compensation for the needs of the public interest. However, it must be one of the following:

1) Land for military and diplomatic needs; (B) by the organization of the real brother Fan Chai Shi energy, transportation, water conservancy, communications, postal and other infrastructure construction needs land; (C) by the implementation of science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, preferential care and resettlement, martyrdom protection and other public undertakings need land; (4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land; (E) within the scope of urban construction land determined by the overall land use plan, approved by the people at or above the provincial level and organized by the local people's organizations at or above the county level to organize and implement the development and construction of land needs; (6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.

Legal basis: "Land Management Law of the People's Republic of China" Article 45 In any of the following circumstances, in any of the following circumstances, it is really necessary to expropriate the land owned by the peasant collective, and the expropriation may be carried out in accordance with the law: (1) the military and diplomatic needs to rent the land; (B) by the organization of the implementation of energy, transportation, water conservancy, communications, postal and other envy infrastructure construction needs land; (C) by the implementation of science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, preferential care and resettlement, martyrdom protection and other public undertakings need to be used for land; (4) The construction of poverty alleviation and relocation and affordable housing projects organized and implemented by ** requires land; (E) within the scope of urban construction land determined by the overall land use plan, approved by the people at or above the provincial level and organized by the local people's organizations at or above the county level to organize and implement the development and construction of land needs; (6) Other circumstances where the law provides that land owned by peasant collectives may be expropriated for the public interest.

The construction activities provided for in the preceding paragraph shall conform to the national economic and social development plan, the overall land use plan, the urban and rural plan and the special plan; The construction activities provided for in items (4) and (5) shall also be included in the annual plan for national economic and social development; The development of the parcels specified in item (5) shall comply with the standards stipulated by the competent department of natural resources.

Legal Analysis: The Land Management Law divides land into agricultural land, construction land and unused land, and in the current development situation, the state has very strict restrictions on the conversion of agricultural land into construction land, which requires the joint participation of multiple departments in planning.

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

Article 30 The State shall protect cultivated land and strictly control the conversion of cultivated land into non-cultivated land. The State implements a compensation system for the occupation of cultivated land. Where cultivated land is occupied with approval for non-agricultural construction, the unit occupying cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the cultivated land occupied in accordance with the principle of "how much is occupied, how much is reclaimed"; Where there are no conditions for reclamation or the cultivated land does not meet the requirements, cultivated land reclamation fees shall be paid in accordance with the regulations of the provinces, autonomous regions, and municipalities directly under the Central Government, and the funds shall be earmarked for the reclamation of new cultivated land.

The people of provinces, autonomous regions and municipalities directly under the Central Government shall formulate a plan for the reclamation of cultivated land, supervise the units that occupy the cultivated land in accordance with the plan or organize the reclamation of cultivated land in accordance with the plan, and carry out acceptance.

Article 31 The local people at or above the county level may request the units occupying cultivated land to use the soil of the cultivated layer of the occupied cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality or other cultivated land.