Disadvantages of land expropriation rights, the difference between land expropriation and occupation

Expropriation: refers to the conversion of collectively owned land into state-owned land by the state and the recovery of the right to use; or the resumption of the city's state-owned construction land use rights; It is a legal act after going through the statutory approval process.

Occupation: Generally refers to the occupation of land by a non-right holder, which is a tortious act. Of course, the fact that the appropriation mentioned here is a tort is generally a legal act when there is a legal basis or a contractual agreement.

Expropriation is generally an act of the state, that is, the ownership of your state-owned land has been taken away. Occupy, just use, you are still the owner of the right to the land.

Generally speaking, expropriation means to transform the land of peasant collectives into state-owned nature, and the land no longer belongs to the peasants, but to the state. Occupation is similar to renting or borrowing, the nature of the land has not changed, and it remains collective land.

Appropriation does not necessarily mean infringement, the occupier only has the right to use, and when the state wants to take it back, your right of appropriation disappears.

1. Land acquisition procedures are not in place. Originally, land acquisition had to be carried out in strict accordance with the above regulations. However, in the case of rural land expropriation, most of them are not carried out in accordance with the regulations, and the land-using units often privately enter into expropriation agreements with the village collective economic organizations or villagers' committees only after obtaining the consent of the land-expropriated farmers.

The more democratic land-expropriated units shall convene a meeting of villagers' representatives to discuss and decide, otherwise, in the absence of democracy, they will only replace the villagers' representative meeting in the form of other meetings or even individual people with their own will, and buy and sell land privately. As a result, the process of rural land expropriation lacks openness, democracy and standardization, which seriously infringes on the interests of villagers and village collectives.

2. The content of the land acquisition agreement is not standardized. Land acquisition involves multiple interests, and the land acquisition agreement should clearly stipulate the rights and obligations of all parties. In reality, the relevant agreements signed by the two parties are often relatively rough, and land acquisition is often determined by the two parties through negotiation.

The provisions on land acquisition clauses are relatively simple, not clear enough, and not comprehensive enough. The total amount of land acquisition funds is only specified, but the specific amounts of land compensation, resettlement subsidies, seedling compensation, and compensation for above-ground attachments are not specified. The provisions on the rights and obligations of both parties are relatively vague, and there is generally no liability clause for breach of contract. This is prone to disputes.

3. The phenomenon of rural cadres violating law and discipline is prominent. Some village cadres do not have a strong sense of the legal system. The peasant masses lack the right to know and participate in the land requisition procedures and compensation and resettlement fee standards, and some grassroots village organizations are in arrears, withholding, misappropriating, and embezzling land requisition compensation, and the compensation given to the land-expropriated farmers is unreasonable or fails to properly resettle the land-expropriated farmers, and they do not establish a sense of using the land according to law, or act arbitrarily and abusing their powers, and do not convene relevant meetings on major issues such as the expropriation of land, the distribution of land expropriation funds and the nature of the land, and decide by collective discussion. Lack of openness and democracy as it should be.

Some of them also privately collected improper benefits and illegally transferred land at a rate significantly lower than the market, harming the interests of village collective economic organizations and arousing dissatisfaction among the masses. The amount paid by the state to the land use right holder is not compensation, and can only be characterized as compensation in law, because the original intention of the state to use the land is to develop economic construction, and compensation needs to be paid unless there is infringement in the process of land acquisition. In rural areas, part of the land compensation money is handed over to the village committee for management, and there are not a few cases in which the compensation money has been withheld by the village committee without permission.

Further reading: How to transfer the land use certificate, what is the proportion of the mortgage guarantee of the land use right, and what is the calculation method of the land use tax.

Land expropriation is a compulsory means for the state to convert collectively owned land into state-owned land in accordance with the law for the needs of the public interest. The expropriated land has the following characteristics:

1) Land acquisition is an act and an exclusive right (2) must be approved in accordance with the law;

3) Compensatory. Compensation must be paid to the owners of the expropriated land, and those who have a surplus of labor must be resettled;

4) Mandatory.

5) Transferability of ownership. After the land is expropriated, its ownership belongs to the state and no longer belongs to the peasant collective.

6) Land requisition must be open to the public and subject to public supervision.

Right of usurpation usually refers to the right to acquire land. The right of the State to expropriate collectively owned land for public interests, such as economic, cultural, national defense construction, and the establishment of social public undertakings.

When the state expropriates land, it shall be handled in strict accordance with the land acquisition procedures and examination and approval authority, and the construction unit shall pay land compensation and resettlement subsidies to the land-expropriated units in accordance with the regulations, so as to properly arrange the production and life of the masses. At the same time, the land-expropriated units shall support the national land acquisition and shall not obstruct it.