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Tried it up? Living in the countryside, every family depends on farming to make a living, and goes out to work in their spare time to earn some pocket money.
Then land is the foundation of life for farmers, and having land means not being starved.
At present, the land in the rural areas is also being vigorously reformed, and all land rights are being confirmed. Confirmation of land rights.
This work will be completed by the end of 2019, so farmers who have not yet done so should hurry up and complete it. Although the state has not issued it, what will be the consequences if the rights are not confirmed. Because the agricultural household registration may be abolished in the future, it should be very difficult to confirm the rights after the agricultural household registration is abolished.
The first certificate: for the matter of land, the state has invested a lot of strength, and the migrant workers may have less understanding of the policies of their hometowns, so they have been delayed in registering, and we must use this power to complete the registration of land rights before the completion of the process, so as not to make up for it in the future.
The second certificate: In the countryside, every household has its own property, then its own homestead.
It is a real estate, which is of the same nature as a building in the city.
Therefore, we need to register these real estate procedures as soon as possible, so as to protect our own interests, if we do not go through the real estate registration procedures, then if the house is facing demolition or compensation and other things, it will be difficult to solve.
The third certificate: If you used to live in a rural area, you will move out of your household registration if you move to another village or other city. But these people still have houses and land in the village, and it is very difficult to secure the land in this case, so if you want to confirm the rights, you must move back before the confirmation is completed, so as to ensure that the land belongs to you.
Elderly people who have lived in the countryside all their lives still need to pay agricultural taxes until 2006.
Every winter, the village committee will have a special person to collect this tax. It was not until 2006 that this business was cancelled, and our country has a history of paying public grain for more than 2,000 years, but these old people who have paid public grain have no deposit in old age.
No, I personally feel that they should be given something in return.
After growing up in the countryside, I was deeply impressed by the payment of public grain, and young people have never heard of it. It was not until 2006 that China abolished the agricultural tax, which ended China's more than 2,000 years of history of paying public grain. That is to say, the rural elderly who are now in their 70s, they have paid public grain for a lifetime, and if calculated according to the current prices, the value of the grain paid in their lifetime is also quite expensive!
However, the generation of peasants who paid the public grain back then is now old, and in the end there is no compensation! Now there is a news circulating on the Internet: "Farmers who apply for 3 certificates in June can receive 20 years of "public grain compensation"?
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Land ownership and use rights are the basis for the rights of land-expropriated farmers to enjoy land acquisition compensation, and also the direct legal basis for farmers to protect their land rights and interests.
If the land is expropriated, can I still enjoy the food subsidy?
If there is no right to ownership or use of land, there is no way to talk about rights such as land compensation. China practices a system of public ownership of land, that is, ownership by the state and peasant collectives, and there is no private ownership. Land expropriation refers to the process in which the state expropriates collectively owned land for the needs of the public interest and uses it for construction.
If the land is expropriated, can I still enjoy the food subsidy?
The Land Administration Law stipulates that land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State. Therefore, the vast majority of land in rural areas belongs to peasant collectives, and all rights are exercised by peasant collective organizations. The specific manifestations of the peasants' right to use collectively owned land are as follows:
the right to contract and manage rural household land; homestead use rights; the right to use self-reserved land and self-reserved mountains; The right to use barren mountains, forest land, breeding land and rural road land, etc. The legal consequence of the state's expropriation of land in accordance with the law is that the land-expropriated farmers lose their ownership and use rights to the expropriated land and the right to exist on the attachments on the ground.
If the land is expropriated, can I still enjoy the food subsidy?
Therefore, when the state expropriates land in accordance with the law, it shall compensate the land-expropriated farmers and their collective economic organizations for land. China implements a registration and confirmation system for land ownership, which is implemented by the people at the municipal and county levels. The certificate of land contract management right and the certificate of homestead use right of rural families are both certificates of land use rights, and the laws and regulations on collective land ownership should be registered and confirmed, but due to the imperfection of the current registration system, many collective organizations have not been able to register and receive collective land ownership certificates in cities and counties.
After the implementation of the Property Law, local farmers' collective organizations should actively handle the registration of land ownership by collective economic groups, and unregistered land will not be protected by property rights.
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No, because you don't have the right to contract the land, and you don't continue to contract the land, what can you talk about public grain!? Right.
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Reclamation is encouraged, and expropriation is compensated.
Barren mountains, barren ditches, barren hills, and barren beaches are referred to as the four wastelands, and some of the four wastelands belong to the collective, and for these wastelands, you can obtain the right to use them by signing a household contract with the collective economic organization. The contract period is 30 years for cultivated land, 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.
In addition, some of the undeveloped and undetermined use of the four wasteland, belongs to the state-owned, this kind of wasteland needs to be approved by the people at or above the county level in accordance with the law, before it can be determined to the development unit or individual for long-term use.
China's law follows the principle of "who clears the wasteland, who uses it", but everyone must pay attention to leaving legal procedures. For many farmers who only have contact with village leaders, this point needs to be paid special attention, the contracted land must have written evidence, if the reason for using the land is not legal, ** will use this as a reason to refuse to pay compensation at the time of expropriation.
It is best to apply in advance for land reclamation.
It's true that your efforts will be rewarded, but if you don't apply, the rewards may not go into your pocket. Because China's rural areas practice the system of collective land ownership, when it is not clear who owns the land, they tend to assume that the villagers collectively share it.
In practice, if a villager clears the land on his own without approval or signing a contract agreement, the land compensation fee will be owned by the village collective when it is expropriated, and the land reclamation party can fight for compensation for the attachments and seedlings on the ground.
The village committee actually manages the compensation money, and in some places, they may be reluctant to pay any compensation to those who reclaim the land on their own, although the villagers who have cleared the land can defend their rights and seek compensation through legal channels.
These are the keys to defending your rights.
First of all, when reclaiming the land, it should be submitted to the village committee for approval in advance, although the village is all acquaintances, but in the face of compensation, it is far from enough, it is essential to write in black and white, and the land reclamation after the application is approved is a favorable proof.
Secondly, the first step is to confirm land rights, and to sign a contract agreement when the conditions are ripe, to further clarify that the right to use wasteland clearly belongs to oneself, which can not only prevent future neighborhood disputes, but also obtain a series of subsidies for formal farmland.
If you can prove that you are legally cultivating the wasteland, and you can prove that the wasteland belongs to you, then the compensation will definitely belong to you.
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The public grain subsidy is for the corresponding land, if all your land is expropriated and there is no share, then there is no such subsidy. aqui te amo。
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If the land is expropriated, you will not be able to grow food, and there should be no food subsidies. But if your land is expropriated, there should be subsidies for being expropriated, such as land expropriation fees, and some ground attachments, etc.
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At the time of expropriation, there is a payment, and after the payment is made, the land is no longer yours, and it is reasonable that there will be no more public grain compensation.
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There will be expropriation compensation, whether the public grain compensation can be consulted by the ** department, maybe there will be public grain compensation, I hope it can help you.
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You have to look at the local policy, go to the local street or the competent department.
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The public grain compensation is a rumor, why do farmers hope it is true?
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Contracting is not possible, it is possible to cultivate by private negotiation, but it is not protected in any way.
First of all, the function of the expropriated land has been determined, and its use function cannot be changed.
Second, there is no right to establish a land contract.
Thirdly, private farming, as long as it does not interfere with the work to be carried out.
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Legal Analysis: The wasteland reclaimed by peasant households does not belong to the area of the second round of land contract, and cannot enjoy the state's grain subsidies. For example, the Liaoning Provincial People's General Office, the Provincial Department of Finance and other departments on the implementation of direct subsidies to grain farmers on the implementation of the opinions on the rapid relaxation of the provisions:
The basis for the allocation of direct grain subsidy funds for farmers who grow grain per mu: The second round of land contract area is used as the basis for the calculation and distribution of direct grain subsidy funds.
Legal basis: Civil Code of the People's Republic of China
Article 331: Holders of land contract management rights enjoy the right to occupy, use, and benefit from the cultivated land, forest land, grassland, and so forth they have contracted to operate in accordance with law, and have the right to engage in agricultural production such as planting, forestry, and animal husbandry.
Article 332 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years. The contract period for forest land is 30 to 70 years.
At the expiration of the contract period provided for in the preceding paragraph, the holder of the right to contract and operate the land shall continue to contract in accordance with the provisions of the law on rural land contracting.
Article 333: The right to contract and operate land shall be established when the contract for the right to contract for land management takes effect. The registration authority shall issue certificates such as land contracting and management rights certificates and forest rights certificates to the holders of land contracting and management rights, and register and make a register to confirm the land contracting and management rights.
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The compensation for the expropriation of ration land refers to the compensation for land, resettlement subsidies, and the compensation for rural villagers' houses, other above-ground attachments and seedlings, and arranges the social security expenses of the land-expropriated farmers.
The standards for compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years. The compensation standards for the expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
For the houses of rural villagers, fair and reasonable compensation shall be given in accordance with the principles of compensation first and then relocation, and improvement of living conditions, respecting the wishes of rural villagers, and employing methods such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation.
Legal basis: Civil Code of the People's Republic of China
Article 399:The following property shall not be mortgaged:
a) land ownership;
2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law provides that it may be mortgaged;
3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;
4) Possession of property whose ownership or right to use is unknown, or property in dispute;
5) Assets that have been sealed, seized, or supervised in accordance with law;
6) Other property that laws and administrative regulations provide must not be mortgaged.
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1. General compensation for the expropriation of ration land: land compensation, resettlement subsidies, compensation for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for land-expropriated farmers;
2. The standards of land compensation fees and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.
3. The compensation standards for the expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. For the houses of rural villagers, the wishes of the rural villagers shall be respected in accordance with the principle of compensation before relocation and improvement of living conditions, and fair and reasonable compensation shall be given by means of rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for the relocation and temporary resettlement costs caused by expropriation, so as to protect the rights of rural villagers in Fancong and their lawful rights and interests in housing property;
4. Local people at or above the county level shall include the land-expropriated farmers who accept sedan chairs into the corresponding social security system such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Legal basisArticle 47 of the Land Management Law of the People's Republic of China.
If the state expropriates land, after approval in accordance with legal procedures, the local people at or above the county level shall make a public announcement and organize the implementation.
If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.
Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.
The owner and user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of real estate ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.
After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.
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