What are the problems of rural hukou and land?

The issues of rural hukou and land are as follows:

The Land Management Law and the Rural Land Contract Law both have corresponding provisions:

First, rural land contracting is a household contract responsibility system, with the family as the unit, not the individual as the unit. Therefore, when you signed the contract at that time, you took one family as the main body of the contract, not each person as the independent subject of the contract.

Therefore, the disposal of your family's contracted land can only be handled on a family-by-family basis.

Second, Article 26 of the Rural Land Contract Law stipulates that 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.

After the implementation of the Rural Land Contract Law in 03 years, the policy is to increase the number of people without increasing the land, reducing the number of people without reducing the land, if it is a secondary school after 03 years, there should be land, and it is illegal not to give it, and the village committee can be sued.

Legal analysis: Rural land belongs to collective ownership, that is, the members of the collective economic organization jointly own, since it has moved to the city, it no longer belongs to the members of the economic organization, and theoretically has to be recovered to the village or villager group.

The land in the rural areas of the rural household registration is actually divided into three major parts:1Contracted land:

The right to use is 30 years, and the remainder of the term can be continued. Of course, in places where there are few people, there are often cases where no one cares when it expires. 2.

Homestead: The house on the homestead is personal property and can continue to be used until the house collapses naturally from the date of moving out. 3.

Self-reserved land (vegetable plots, etc.): According to the policy, it cannot be used, if the local relationship is good and no one objects, of course it can be used.

After being converted to a non-agricultural account, they have no right to use it, and the contracted cultivated land and grassland should be returned to the contractor for re-issuance.

Legal basis: Article 9 of the Rural Land Contracting Law of the People's Republic of China After contracting the land, the contracting party enjoys the right to contract and manage the land, and may operate it by itself, or may retain the right to contract the land, transfer the land management right of the contracted land, and let others operate it.

Article 10: The State protects the contracting party's lawful, voluntary, and compensated transfer of land operation rights, and protects the lawful rights and interests of land management rights holders, and must not be infringed upon by any organization or individual.

If the place of household registration is rural, it is not necessarily an agricultural household registration, and it needs to be judged according to the information in the household registration book.

There are only two types of household registration in China, one is agricultural household registration and the other is non-agricultural household registration.

If the household registration is non-agricultural household registration, it means that the household is not an agricultural household registration. The reason why they are called "rural residents" mainly corresponds to the "People's Republic of China Resident Identity Card" held by all Chinese citizens.

The process of family registration transfer is as follows:

1. Apply to the police station where you move in;

2. The police station at the place of relocation agrees to move in;

3. Submit an application to the police station where the current household registration is located;

4. The police station where the household registration is located will issue a household registration certificate;

5. Take the household registration certificate and relevant supporting materials (marriage certificate, etc.) to the household affairs department of the municipal public security bureau in the place of relocation to apply for moving in;

6. The Household Affairs Division issues the "Permit for Relocation";

7. Go back to the police station where your household registration is located with the "Permit to Relocate" to move out and issue a relocation permit;

8. Go to the police station where you move in with your migration certificate and ID card.

Legal basisArticle 10 of the Regulations of the People's Republic of China on Household Registration.

If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, obtain a migration certificate, and cancel his or her household registration.

Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority.

Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

Legal Analysis: If you have a rural hukou, you must have land? This is not an equal sign. Although land is related to hukou, it does not mean that people with rural hukou necessarily have corresponding land in rural areas.

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

Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to make comprehensive plans, strictly manage, protect and develop land resources, and stop illegal occupation of land.

Fourth State implementation of 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.

The term "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, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, 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.

Rural villagers who need to use homestead land shall submit an application to the villagers' committee, which shall make it public and submit it to the villagers' meeting or the villagers' representative meeting for discussion. After discussion and approval, and announced, report to the township (town) land management agency, county (city) land administrative departments for review and approval of the county (city) people. After the approval of the county (city) people, the villagers' committee shall announce the approved use of the homestead.

Legal basis: Article 62 of the Land Management Law provides that a rural villager household may only own one homestead, and the area of the homestead shall not exceed the standards set by the province, autonomous region, or municipality directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building Qingbo residences shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved. The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The departments in charge of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads throughout the country.

Rural Land Contract Law

Article 29.

The following land shall be used for the adjustment of contracted land or contracted to the new population:

1) The mobile land reserved by the collective economic organization in accordance with the law;

2) It is increased through methods such as reclamation in accordance with law;

3) The contract issuing party takes it back in accordance with law and the contracting party voluntarily returns it in accordance with law.

Rural Land Contract Law

Article 33.

In order to facilitate cultivation or their own needs, the contracting parties may exchange land contracting and management rights for land belonging to the same collective economic organization, and file them with the contract-issuing party.

Is there a relationship between land ownership and non-agricultural registration? Of course, it has a relationship, because only those with an agricultural household registration will have land, and then they can confirm land rights! Of course, now the policy has also changed, if the parents are agricultural hukou, the children change to non-agricultural hukou because of some things, and later the children return to the countryside to live, they can also legally inherit the land of their parents.

In our hometown, the land used to be produced by the production team, and then it became individual, according to the number of people, the corresponding land will also be changed, if a family of three people, there is only three people's land, and then the family adds another person, the land will also correspondingly increase one person's land, if the family reduces one person, the land will immediately decrease. At that time, the amount of land was decided according to the size of the population, which was also relatively fair. At that time, only those with agricultural hukou had land, and if they were non-agricultural, they did not have land.

Because at that time, the non-agricultural household registration showed that people were also people with iron rice bowls, and they did not farm to support their families, and the living conditions were also good.

Later, the land basically did not change on a large scale, and some people were reluctant to give up their land, and the number of people in the family increased or decreased, and the land remained the same. As a result, in the end, the newly married daughters-in-law and the children born did not have land, and the land of the deceased old people did not withdraw, but gave their children to inherit or continue to plant, and implemented the system of "increasing people without increasing land, and reducing people without reducing land".

The confirmation of land rights is carried out according to the original land allocator, that is, whoever allocates the land has the right to continue to operate the contract. Some of those who have passed away have their land inherited by their own children. The confirmation of land rights, each household has obtained a land management certificate, undoubtedly to the people to take a reassurance, now the land circulation, the business households only have the right to use the management, and the ownership is still owned by the land contractor.

The confirmation of land rights has nothing to do with rural and non-agricultural household registrations, nor is it subject to household registration restrictions, as long as there is a rural house, the right needs to be confirmed.

Of course, it is related, because now only agricultural hukou can have land rights, and now non-agricultural hukou cannot have land rights confirmed.

Of course, there is a relationship, and the general land will only be distributed to people with agricultural hukou, so it is necessary to understand it clearly in advance.

There is a big difference with these types of hukou, mainly because most of the agricultural hukou of Dazha Bu has the corresponding land rights, and in this regard, everyone has their own land hand, so they must prove that they are agricultural hukou.

Members of rural collective economic organizations generally refer to persons who work and live in the village or group where the collective economic organization is located, register permanent residence in accordance with the law, and form a relationship of rights and obligations with the rural collective economic organization. I am afraid that it is not enough to have a household registration at the public security police station where the village is located. It is also necessary to live in the village, engage in agricultural production in the village as the main livelihood, and pay various taxes and fees payable by the villagers on time to be recognized as farmers in the village and enjoy the treatment of villagers.

Since moving into the household registration, they have not produced or lived in the place where the household registration is located, have not formed a relationship of rights and obligations with the rural collective economic organization, and do not use the land owned by the collective economic organization as the basic livelihood guarantee; loss of membership of the original collective economic organization;

Article 27 of the Rural Land Contract Law of the People's Republic of China Article 27 During the contract period, the contract issuing party shall not take back the contracted land. The State protects the right of rural households to contract and manage land in urban areas. Withdrawal from land contracting and management rights must not be used as a condition for peasant households to settle in cities.

During the contract period, if the contracted peasant households settle in the city, they shall be guided and supported to transfer the land contract management rights within the collective economic organization in accordance with the principle of voluntary compensation or return the contracted land to the contractor, and may also encourage them to transfer the land management rights. During the contract period, when the contracting party returns the contracted land or the contract-issuing party sells the land and recovers the contracted land in accordance with the law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land by investing in the contracted land.