Does the director of the village committee have the right to veto the illegal land transfer of the p

No. I can only find a way to find a way to seize the land by the court.

Land Management Law of the People's Republic of China

Article 10: Land owned by peasant collectives belongs to village peasant collectives in accordance with law, and is to be operated and managed by village collective economic organizations or villagers' committees.

As can be seen from the above, the village branch is not a land management unit, but a village committee.

And the full name of the village chief should be the head of the village committee.

If he decides on the act of "consigning" after passing the meeting of the villagers' committee and reports it to the land management organ in the jurisdiction for approval, it is legal.

If not, it is illegal.

It is recommended that the transfer be revoked through the intervention of the land bureau of the jurisdiction.

No, it must be voted by the villager group, the captain, and the villager representatives, and the director of the village committee has no right to transfer the collectively-owned land, if it is true, you can write a report letter with the evidence of the private transfer of collective land and report it to the city (county) Commission for Discipline Inspection and the procuratorate, and they will verify and deal with it!

No, since it is the use of voting rights, it follows the principle that the minority obeys the majority, and the village chief does not have the right of veto.

The villagers' committees practice that the minority obeys the majority, and the directors of the villagers' committees do not have the right of veto. See: Article 29 of the Organic Law of Villagers' Committees: Villagers' committees shall implement a democratic decision-making mechanism in which the minority obeys the majority and the principle of openness and transparency, and establish and improve various work systems.

The village chief does not have a veto. The reason for this is that the village is a grassroots administrative unit.

The villagers' committees practice that the minority obeys the majority, and the directors of the villagers' committees do not have the right of veto.

Right. The law does not prohibit the village committee from buying a villager's house. The purchase of a villager's house by a village committee is not a compulsory act, but a civil act between equal subjects. It must be done on the condition that both parties are fully willing.

Of course, the village committee has the right to buy the houses of the villagers, which means that they did not buy through fraud and other illegal acts, as long as the behavior they purchased at that time was in line with the market **, there would be no illegal acts.

They cannot be bought or sold, because the houses and homesteads in rural areas belong to the village collective economic organization and can only be used by the members of the village economic organization, and the peasants and urban residents other than the members of the village economic organization are not legal purchasers. In other words, only the purchase agreement between the villagers of the village is valid, and everything else is invalid because it violates the law.

Article 63 of the Land Management Law stipulates that the land use rights owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction. Article 8 of the Law on the Administration of Urban Real Estate stipulates that the right to use state-owned land in an urban planning area can only be transferred for compensation after it has been expropriated and converted into state-owned land in accordance with the law. The Notice of the General Office of the People's Republic of China on Strengthening the Management of Land Transfer and Strictly Prohibiting Land Speculation (Guo Ban Fa No. 39 199) stipulates that farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not issue land certificates and real estate certificates for illegally built and purchased residences.

It can be seen that real estate on rural collective land is not allowed to enter the trading market. The sale and purchase of rural houses can only be carried out within the rural collective, otherwise the sale and purchase will be illegal and the contract will be invalid.

1. I have the right to appoint but must report to the superior for approval, that is, the township and township, and the cashier of my village is approved by the village and the township agricultural economic station.

2. The village accountant belongs to the village cadres, but at present, the financial department does not pay salaries and must solve the problem by themselves.

3. There is no rule that villagers who are not elected cannot be village cadres.

4. The village party secretary and director agree to report to the township for approval, and there is no conflict between the superbirth and the village accountant, and there must have been punishment at the beginning, and now there are people who have been released from prison and are elected as village cadres, which is not a contradiction.

There are clerical duties in the division of labor among village cadres, which is what you call accounting. In addition to the secretary and the village director, the village cadres are also responsible for other committee members, such as clerical work, public security, militia, youth, women, family planning, and so on. However, the requirements for village accountants are higher, they must have a cultural foundation, understand village-level accounting management, and if there is no one among the village committee members who are competent, they can be appointed by the two village committees in their own villages.

However, it is not up to the individual to have the final say, and it must be approved by the villagers' representative meeting.

Can a member elected by the villagers be an accountant?

The Hainan Provincial Land Department will crack down on illegal sales and illegal occupation of rural collective land in accordance with the law. If the circumstances are serious, they will be transferred to the judicial organs, and convicted and sentenced for the crime of illegally occupying agricultural land. This is what a reporter from Nanhai Net learned from the Provincial Land Department on March 11.

The reporter was informed that the land management department of Hainan Province will strictly investigate and deal with all kinds of outstanding land violations: first, rural collective economic organizations will illegally transfer, lease, and transfer rural collective land (including homesteads) to other units or individuals for non-agricultural construction without approval in accordance with the law;

Second, without approval in accordance with law, rural collective economic organizations use rural collective land for non-agricultural construction through joint ventures and cooperation with other units or individuals, shareholding and other means;

(3) The rural collective economic organization illegally allocates the homestead land to the members of the economic organization of the organization;

Fourth, rural villagers illegally transfer, lease, or transfer their homesteads, contracted land, or collective land occupied in the name of ancestral land to other units or individuals for non-agricultural construction;

Fifth, any unit or individual re-transfers illegally acquired rural collective land;

Sixth, without approval in accordance with the law, rural collective economic organizations, other units and individuals use collective land for non-agricultural construction such as residential buildings (including houses with small property rights) in the name of building new rural areas, civilized ecological villages, central villages, concentrated residential areas for farmers, farms, sightseeing agriculture, facility agriculture, sports and leisure industries, etc.

It has been learned that the provincial land department will punish the illegal acts of illegal buying and selling and illegal occupation of rural collective land while curbing and cracking down on them. Illegal sales of collective land will be subject to confiscation of illegal gains, demolition or confiscation of new buildings and other facilities within a time limit, and fines; Among them, those who illegally transfer and resell more than 5 mu of basic farmland, 10 mu or more of cultivated land other than basic farmland, 20 mu or more of other land, illegally obtain more than 500,000 yuan, or illegally transfer and resell land close to the above-mentioned quantitative standards and have other heinous circumstances, will be transferred to the judicial organs in accordance with the law, and will be convicted and sentenced for the crime of illegally transferring or reselling land use rights, and sentenced to fixed-term imprisonment of not more than 3 years or short-term detention.

At the same time, for illegal occupation of collective land, the illegally occupied land will be ordered to return the illegally occupied land, demolished or confiscated the newly built buildings and other facilities within a time limit, and imposed a fine; Among them, those who illegally occupy more than 5 mu of basic farmland or 10 mu of cultivated land other than basic farmland, and cause serious damage or pollution to the planting conditions, will be transferred to the judicial organs, convicted and sentenced for the crime of illegal occupation of agricultural land in accordance with law, and sentenced to fixed-term imprisonment of not more than 5 years or criminal detention.

In addition, any construction on land illegally occupied or illegally bought and sold shall be immediately suspended from now on and will be dealt with. Those who refuse to stop work will be dealt with strictly in accordance with law. The provincial land department also published a report**

12336, any unit or individual has the right to report and accuse land violations.

Article 2 of the Land Law clearly stipulates that no unit or individual may encroach upon, sell, or illegally transfer land in any other form.

Hello, the state can expropriate or expropriate collective land for the needs of the public interest.

Collective land is owned by the whole people by the members of the collective organization and cannot be bought or sold privately.

If collective land is expropriated, the expropriation must also go through legal procedures.

Village committees do not have the right to sell collective land to individuals. However, with the consent or authorization of the collective villagers, the land shall be transferred through leasing or other means within the scope of authorization.

China implements public ownership of land, and rural land is collectively owned. Generally speaking, it refers to the villagers' committee, which is the owner of the land in the village, and the peasant households only have the right to use the contracted land and homestead land, and the village committee does not have the right to sell the collective land to individuals.

If the rural collective land cannot be bought and sold directly in perpetuity, you can only buy the right to use it for 30 years, and after 30 years, it will have to be replanned and distributed. Unless you are buying a factory building, you can, but the maximum age is 50 years. You only need to sign an agreement with the villagers in advance, and the village will issue a certificate.

The ownership of rural collective land belongs to the state, and the sale and purchase of rural collective land is illegal. Rural land belongs to collective land, ownership belongs to the collective, and only members of the collective organization can do so, and non-members of the collective organization can only lease it. The sale and purchase of rural collective land can only be legally obtained through the circulation of rural collective land.

The state implements a land use management system, stipulates the use of land, strictly restricts the conversion of agricultural land into construction land, and implements special protection for cultivated land.

Article 10 of the Constitution of the People's Republic of China stipulates that "land in rural areas and suburban areas shall be collectively owned, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. "Where a decision made by a collective economic organization, villagers' committee, or its responsible person infringes upon the lawful rights and interests of a collective member, the injured collective member may request the court to revoke it.

The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, if an enterprise that conforms to the overall land use plan and has acquired construction land in accordance with the law wants to transfer it, it is possible. It needs to be unanimously approved by the representatives of the village collective, and the use of the land cannot be changed, for example, it was originally used as cultivated land, not for commercial purposes, although the land in the village belongs to the village collective, but it belongs to the state.

The village committee does not have the right to sell collectives.

land to individuals.

Collective land refers to the land collectively owned by peasants, also known as the land collectively owned by the working masses. Collective land is a form of land ownership in China. At the Third Plenary Session of the 18th Central Committee of the Communist Party of China in 2013, the collective land market sounded the rallying call, and the key is to break through the resistance of vested interests.

China implements socialist public ownership of land, and the forms of land ownership include state ownership (ownership by the whole people) and collective ownership by the working masses.

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.

Rural Land Contract Law.

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.

Beijing Jintai Feihua Technology Development Co., Ltd.

The company's rural land law seeks help from Beijing Jintai Feihua Science and Technology Development **** to put it simply: the production team (the fifth production team) has a collective land with an area of about 12 acres. In the 60s of the last century (October 1966), it was "requisitioned" by the county agricultural bureau, and then did not reach a consensus on the details of field measurement with the production team, so it was abandoned.

Later, it was learned that the county agricultural bureau simply abandoned the production team, and without the knowledge of the production team, it made measurements with the production team (the production team - the current village committee), and signed a land acquisition agreement and compensation plan. In the 50 years since the production team learned about this. Never gave up the dispute with the county agricultural bureau over the ownership of this base; and have never waived the exercise of our own legal rights.

In addition, our production team did not receive the slightest compensation for the loss of land (because the county agricultural bureau did not pay compensation for land acquisition according to the compensation scheme contained in the agreement). So, I would like to ask you if what they are doing is reasonable and legal. There are also relevant legal provisions and regulations in this regard.

What my production team means is to get back the land tenure.

Jide Village, Xiaojie Town, Songming County, Kunming City, Yunnan Province, privately occupies fertile land to build a house, can anyone check it? Thank you for helping the people.