I am a private individual, how can I expropriate the collective land of the village

Legal analysis: rural villagers forcibly occupy collective land, is a violation of land management laws and regulations, can be reported to the local people's land administrative departments at or above the county level.

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.

Article 68: When performing their duties of supervision and inspection, the competent departments for natural resources of the people's ** at or above the county level have the right to take the following measures:

1) Require the inspected unit or individual to provide documents and materials related to land rights for inspection or reproduction;

2) Require the unit or individual being inspected to make an explanation on issues related to land rights;

3) Entering the site of the land illegally occupied by the inspected unit or individual to conduct surveys;

4) Order units or individuals who illegally occupy land to stop violating land management laws and regulations.

Whether the village collective can expropriate the land of the villagers?

According to the provisions of China's land management law, the village collective is not qualified to expropriate the land of the villagers, and the one who is qualified for land acquisition is **.

Land Management Law of the People's Republic of China

Article 44 Where the construction of land is occupied and involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be completed.

Roads, pipeline projects and large-scale infrastructure construction projects approved by the people of provinces, autonomous regions and municipalities directly under the Central Government, and land occupied by construction projects approved by the people, involving the conversion of agricultural land into construction land, shall be approved by the people.

Within the scope of the construction land for cities, villages and market towns determined in the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

The land occupied by construction projects other than those specified in the second and third paragraphs of this article involves the conversion of agricultural land into construction land, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve it.

1. Relevant laws and regulations on rural land acquisition.

According to the Land Management Law of the People's Republic of China

Article 44.

If the construction occupies land and involves the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be handled.

If the permanent basic farmland is converted into construction land, it shall be approved by the first batch of imitations.

Within the scope of the construction land of cities, villages and market towns determined in the overall land use plan, if the agricultural land other than the permanent basic farmland is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan or its authorized authority in batches according to the annual land use plan in accordance with the provisions of the first department. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

Outside the scope of the scale of construction land in cities, villages and market towns determined in the overall land use plan, the agricultural land other than the permanent basic farmland shall be converted into construction land for reserve and sale, and shall be approved by the people of the province, autonomous region and municipality directly under the Central Government.

2. How to divide the authority of land acquisition?

If the permanent basic farmland is converted into construction land, it shall be approved by the government, and the agricultural land other than the permanent basic farmland shall be converted into construction land, and the approval shall be approved by the organ that originally approved the overall land use plan or its authorized authority, and the rolling liquid shall be within the scope of the approved agricultural land conversion, and the land for specific construction projects may be approved by the people of the city and county.

1. If the cultivated land is contracted, the contract can only be issued to the villagers of the village, and the contract cannot be issued to the personnel outside the village.

2. If the five wastelands such as barren mountains are contracted, the contract can be issued to anyone through bidding, auction, etc., but it needs to be approved by the villagers' meeting of the village in advance and reported to the township for approval. In addition, the villagers of the village have the right of first refusal.

3. All the above-mentioned land that has been contracted can only be used for agricultural projects, and cannot be used for non-agricultural construction.

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

Article 47: Where rural land is contracted by other means, under the same conditions, the members of the collective economic organization enjoy the right of priority in contracting.

Article 48: Where the contract-issuing party contracts rural land to units or individuals other than the collective economic organization, it shall obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization, and report to the township (town) people for approval. Where a contract is contracted by a unit or individual other than the collective economic organization, the contracting party's credit standing and business capacity shall be reviewed before signing the contract.

Rural areas may not forcibly expropriate peasant land. Rural ** does not have the right to expropriate peasant land, and peasant land can only be expropriated after obtaining the approval of the higher authorities in accordance with the law. According to the provisions of the first and second paragraphs of Article 46 of the Land Management Law, the following land shall be approved by ***

1) Permanent basic agricultural shirt Daqing field; (2) Cultivated land other than permanent basic farmland exceeds 35 hectares; (3) Other land exceeding 70 hectares. The expropriation of land other than those provided for in the preceding paragraph shall be approved by the people of the province, autonomous region, or former municipality directly under the Central Government. The first paragraph of Article 47 stipulates that where the state expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures.

Paragraph 1 of Article 13 of the Land Management Law Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law owned by peasant collectives and owned by the state in accordance with the law and used by peasant collectives in accordance with the law shall be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.