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The difficulty of non-agricultural peasants in China lies in the fact that the relative and absolute numbers of peasants are very large, but the urbanization of villages may be difficult to solve the problem of non-farming peasants in China, and vigorously developing small and medium-sized towns and taking the road of urban and rural integration may be a realistic choice.
The circulation and relative concentration of cultivated land are even more obstacles to the existing land system. It is generally recognized that the current rural land system has problems and needs to be improved and perfected. However, the crux of the problem of the rural land system lies in the problem, and how to solve it is quite controversial.
The main point of contention is the nature of ownership of rural land and the efficient allocation of rural land resources involved. The nature of land ownership is an extremely sensitive issue, and the clear argument for private ownership of rural land is neither mainstream nor recognized, but this does not mean that there is no problem with collective ownership of rural land. Then there are some quoted articles as arguments, and I omit more of them.
We believe that the dispute over land ownership is meaningful if it is based on how to effectively protect the peasants' due land rights and interests and prevent them from being deprived of their legitimate rights and interests by depriving them of land ownership. However, whether from the perspective of history, theory and reality, land resources or land property rights are not a completely commodity concept; From a historical point of view, the imperial power (sovereignty) and the princes can take the land right at will'From a practical point of view, due to the irreplaceable nature of the land location, it is impossible to buy and sell it completely freely as a commodity, otherwise it may damage the public interest. However, we do not advocate complete freedom and free trading of land without reporting bills or private property rights of land, which does not mean that we oppose the legitimate rights and interests of Chinese peasants to occupy, use, earn, circulate, and purchase shares of the land they contract to operate under the current rural land ownership and land management system. On the contrary, we even advocate that the legitimate rights and interests of peasants in giving to the localities should be effectively protected through institutional innovation, and even if the land they operate is expropriated because of the public interest of the state, the peasants should have the right to demand reasonable compensation.
Purpose: Under the policy guidance of the Third Plenary Session of the 17th Central Committee of the Communist Party of China on the reform of the rural land management system, it may be a realistic choice under the current land system to ensure the long-term contracting of land by farmers, establish their ownership and control of land contracting rights, promote their effective allocation and rational circulation, and restrict the transitional commercial development of land.
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The right to contract and manage rural land refers to the sum of the rights enjoyed by members of rural collective economic organizations within the scope prescribed by law or agreed in the contract to occupy, use, profit, and transfer the land, forests, mountains, grasslands, wastelands, tidal flats, and water surfaces owned by the collective economic organizations in their villages. The right to contract and manage rural land is a kind of usufructuary right. According to the provisions of the law, the right to contract and manage rural land is a legal right enjoyed by members of village collective economic organizations, and no organization or individual can deprive them of the right to contract and manage land, nor can they illegally restrict the right to contract and manage land.
The Rural Land Contract Law stipulates that: 1. The contract period of cultivated land is 30 years 2. The contract term of grassland is 30-50 years 3. The contract term of forest land is 30-70 years, and the contract period of special forest and woodland can be extended with the approval of the forestry administrative department. During the contract period, the employer shall not take back the land, and it is necessary to pay attention to the following two changes:
1) During the contract period, if the contractor's family moves into a small town and settles down, it shall, in accordance with the wishes of the contractor, retain its land contracting and management rights or allow it to transfer the land contracting and management rights in accordance with the law. During the contract period, the contract issuing party shall not adjust the contracted land, with the exception: during the contract period, due to special circumstances such as serious damage to the contracted land due to natural disasters, the appropriate adjustment of cultivated land and grassland contracted between individual peasant households must be approved by the villager meeting of the members of the collective economic organization 2 3 or more members or 2 3 villager representatives, and reported to the township people's ** and county-level people** and other administrative departments for approval.
Article 26 of the Rural Land Contract Law stipulates that the contract-issuing party shall not take back the contracted land during the contract period. >>>More
Legal basis: Civil Code of the People's Republic of China
Article 333 Absolute dispersion 19: The holder of land contracting and management rights may independently decide to transfer land management rights to others by leasing, buying shares, or other means in accordance with law. >>>More
Article 17 of the Measures of the People's Republic of China for the Administration of Rural Land Contracting and Operation Warrants stipulates that if the rural land contracting and operation warrants are seriously defaced, destroyed or lost, the contracting party shall apply to the township (town) people's ** rural management department for renewal or reissuance. After being reviewed by the township (town) people's ** rural management department, it shall be reported to the original issuing authority for renewal and reissuance procedures. >>>More
Land inheritance law: At present, there is no land inheritance law in China, and it is usually judged according to the "Chain Inheritance Law", "Land Management Law", "Land Contract Law" and other relevant laws. Legal basis: >>>More
In accordance with Article 3 of the Rural Land Contract Law, the State implements a rural land contract management system. >>>More