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If peasants do not confirm their rights to land, their rights and interests will not be protected by law, and land without confirmation will be taken over by the collective or the state, and when houses or land are expropriated, the legitimate rights and interests of the owners of land rights confirmation will be protected by law.
1. Who will be demolished and relocated after the land ownership is confirmed.
The attribution of compensation for expropriation after the confirmation of land ownership needs to be discussed on a case-by-case basis: The compensation for land after land expropriation belongs to the landowner. That is, if rural land is expropriated, the land compensation shall be owned by the village collective.
For the compensation fee for green seedlings and above-ground attachments in land expropriation, etc., it shall be enjoyed by the owners of green seedlings or above-ground attachments. The resettlement subsidy in land expropriation shall be enjoyed by the villagers who have the right to resettle and shall be directly distributed to the villagers.
2. Can land rights be bought and sold?
Land cannot be bought or sold after the title is confirmed. This is because the land of Tsuokoka in the urban area of the city belongs to the state. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
After the right is confirmed, the individual only has the right to use, but not ownership. China's laws stipulate that no organization or individual may occupy, buy, sell, or otherwise illegally transfer land.
If the land is bought and sold or illegally transferred in other forms, the competent department of natural resources of the people's people at or above the county level shall confiscate the illegal gains.
3. What can the collective land use certificate do?
The use of the collective land use certificate: 1. The problems existing in the registration of collective land ownership confirmation are clarified, so that it can better play the use effect of the collective land certificate; 2. Realize the separation of land rights, promote rural land acquisition and land use certificate registration; 3. Improve the expropriation system, define the scope of land use, explore and formulate a reasonable and standardized expropriation catalogue, give the transaction of collective operating construction land to the market, and reform the homestead approval system. At present, there are only two common land permits
State-owned land use certificate and collective land use certificate determine whether it is state-owned or collective according to the nature of the land. The Land Law stipulates that: 1. The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working masses.
2. The land in urban areas belongs to the state and is owned by the state-owned land use certificate, and the land in rural areas and suburbs of cities belongs to the peasant collectives, except for those owned by the state as prescribed by law; Homesteads, self-reserved land, and self-cultivated mountains belong to the collective ownership of farmers and are collective land use certificates.
Article 14 of the Land Management Law of the People's Republic of China.
Disputes over land ownership and use rights shall be settled by the parties through negotiation; If the negotiation fails, it will be handled by the people.
Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.
Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.
Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.
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1. Clarify the scope of registration and issuance of certificates for rural collective land ownership.
The registration and issuance of certificates for the confirmation of rural collective land ownership is the registration and issuance of certificates for the confirmation of land rights such as rural collective land ownership and collective land use rights. Rural collective land use rights include the right to use homestead land and the right to use collective construction land. The registration and issuance of certificates for the confirmation of ownership of rural collective land shall cover all collective land within the scope of rural areas, including construction land, agricultural land, and unused land owned by peasant collectives, and shall not be omitted.
All land in rural areas, except for land contracted in the second round, shall not be confirmed and registered, and it includes: self-reserved land and barren hills, barren hills, barren ditches, barren beaches, etc., which have been contracted in other ways.
2. Organs for confirming rights.
The authority to confirm the right refers to the administrative organ that has the right to determine the ownership and ownership of the right to use the land in accordance with the law. In accordance with the provisions of Article 16 of China's "Land Management Law", the subject of the right to confirm the right is the people of Songhui at or above the township or county level, that is to say, only the people at the township level or above the county level have the right to confirm ownership and use rights.
The supervisor refers to the specific undertaking department that determines the ownership and use rights of the land. As the functional department of the people, the land management department specifically undertakes the work of confirming rights, and reports to the people at the same level for decisions on the opinions and suggestions on the confirmation of rights.
3. Evidentiary basis.
The land ownership agreement, the identification letter, and the land ownership dispute settlement decision issued by the people formed by the detailed investigation of the land;
urban cadastral survey data;
People's approval documents on construction land;
land transfer contract;
Survey data on land use status;
Proof of property issued by the people**;
After the founding of the People's Republic of China, the two parties signed an agreement on the ownership or boundary of land, mountains and forests;
Contracts and notarial deeds of joint housing for dangerous renovation and housing schemes;
The court ruled that the factual circumstances of the use of the land, whether it was lawful or illegal occupation, whether it was bona fide or malicious, whether it was long-term or temporary, etc.
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Legal Analysis: Land rights cannot be confirmed in the following situations: land that is still in a state of dispute; Cultivated land that has been returned to forest, grassland and has obtained forest right certificate and grassland certificate; Wasteland and unused land reclaimed without the help of the peasant households, who have signed a land contract agreement with the contract issuer and have not been reclaimed.
Legal basis: Land Management Law of the People's Republic of China Article 12 The registration of ownership and use rights of Tutong Bo land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
Several Provisions on Determining Land Ownership and Use Rights》 Article 19 The land allocated to peasants and issued land ownership certificates during the land reform shall be owned by peasant collectives; The land that was determined to be collectively owned at the time of the implementation of Article 60 belongs to the peasant collective. Except for those that are owned by the State in accordance with the provisions of Chapter II.
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