What are the pros and cons of property law and land circulation on property income?

In the acquisition of land ownership, there is only the issue of the state's expropriation and expropriation of collective land, and there is no question of buying and selling. In the case of collective land ownership, there is no question of abandonment and loss of ownership, only of acquisition of ownership through exchange.

When the property law and the land contract law are competing, they should be considered in conjunction with the special law.

It has given the land-owners more freedom to dispose of the land

Behavior does not equal income. To put it in full, it should be the income from land circulation, which is the income.

The transfer of land is not the transfer of ownership or the transfer of contracting rights, but a transfer of land use rights.

Land ownership, contracting rights and use rights, three rights are separated.

What is the right to use the land?

Land use rights are generally treated as separate intangible assets.

When the use is changed for rental or value-added purposes, it should be converted into investment real estate.

So it's property income.

Legal analysis: Property income refers to the income obtained by the owner of the property by exercising the right to use, occupy, benefit and dispose of his own property. Property income often does not need to be obtained by production and operation, but through activities such as the capital market, the real estate market, and the collectibles market, so that the property can enter the market competition mechanism and obtain property income in the allocation of resources.

Therefore, an effective market mechanism is a necessary prerequisite for obtaining property income. First of all, land circulation promotes the rational use of land resources. The rational circulation of land has created favorable conditions for the peasants to do their best, and those who are good at farming, those who are strong in management, and those who are able to work have enabled the labor force to choose a new occupation oriented to the market, promoted the development of the division of labor and industry in the rural areas, greatly improved the capital utility of land, and promoted the large-scale operation and industrialization of agriculture.

Second, land circulation has promoted the benign interaction between rural labor and urban capital, and at the same time, it can also enable urban capital, science and technology, equipment, and other factors of production to flow to the rural areas, accelerate the pace of agricultural modernization, and increase peasant incomes.

Legal basis: Administrative Measures for the Circulation of Rural Land Contracting and Management Rights

Article 17: Where the contracting parties of the same collective economic organization voluntarily exchange land contracting and management rights, the contracting rights and obligations originally enjoyed by both parties to the exchanged land are also exchanged accordingly, and the parties may request that the registration formalities for the modification of the rural land contracting and management rights be completed.

Article 18: Where the contracting party adopts the method of transfer to transfer the rural land contracting and management rights, the parties may, with the consent of the contract issuing party, request that the Qinghao Rural Land contracting and management rights be promptly modified, cancelled, or reissued.

Summary. Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Belong. Land is property, and the income obtained through land circulation is property income.

Does the proceeds from the transfer of land belong to individuals?

It belongs to Oh. Does the village have the right to deduct other expenses if they help collect it?

Nope. Do you have to agree to the deduction, otherwise no one can move it?

Yes. What to do if the accountant forcibly withholds.

Prosecution Processing. Again, is the money obtained from the circulation a transfer of personal property?

It's personal property.

Thanks, I see.

You're welcome.

Legal Analysis: Belongs. Land circulation promotes the rational use of land resources. The rational circulation of land has created favorable conditions for the peasants to do their best, and those who are good at farming are strong in management, and those who are able to work have expanded the economy for the peasants.

Legal basis: "Rural Land Contracting Law of the People's Republic of China" Article 32: Land contracting and management rights obtained through household contracting may be transferred in accordance with law by means of subcontracting, leasing, swapping, transferring to the township or other means.