Why don t you plant the area on time when the land rights are confirmed?

The confirmation of rural land rights is a messy project, and the situation varies from region to region. The purpose of this confirmation of land rights is to ensure the stability of rural land contracting rights, not to break up and redistribute them from scratch. So, in the process of confirming the right to measure, how to deal with the excess part compared with the first area of the second round of contract allocation?

1. Less more area:

As for the excess land, if the amount is small, for example, less than 10%, in principle, it is still contracted by the original contractor, and the various grain subsidies are still calculated according to the area determined at the time of the second round of contracting. When the certificate is issued, the confirmation letter indicates the area at the time of the second round of contracting and the practical area after the confirmation of the right.

2. Due to the backwardness of measurement technology, the ploughing practice area formed is more than the first area

The certificate shall be issued according to the actual area, and the area measured twice shall be indicated on the certificate of confirmation. If the plot is for growing grain, the state's grain subsidy is still calculated according to the area determined at the time of the second round of contracting.

3. Confirmation of wasteland rights:

In principle, wasteland belongs to the village group, and the right of the cultivator cannot be confirmed and issued because of private reclamation. Regarding this kind of land, it is necessary to negotiate with all the villagers' groups and report to the superior for confirmation of rights! However, it can be handled according to the village group land and other contracting methods.

Bidding, auction, disclosure and negotiation are contracted out. Then you can also confirm the right**.

4. Secret data:

There is also a situation that the land area contracted is 4 acres, but in order to pay less agricultural tax, some farmers deliberately underreport the data of 1 mu of land, forming an error in calculation, and this 1 mu of land is often referred to as "black land". With regard to "black land", the area of land rights confirmation should be included in the confirmation of land rights.

5. Too much extra area:

With regard to the excess area, the method of "paid use" or "withdrawal of contracted land" shall be implemented, and the detailed specifications shall be negotiated by the respective village groups.

Of course, it is calculated according to the area of the confirmed right, and the confirmation of the right is the area of the land for you to plant, ** to confirm the face-to-face and register the person to whom it belongs, which is equivalent to giving the land a household registration, so the area after the confirmation of the right is used as evidence.

Hello dear, the question you asked is as follows: the actual area should be used for confirmation and registration. As for the area discrepancies, how to deal with them is another matter.

If there is a dispute, it shall be handled with reference to the provisions of Article 51 of the Law on Rural Land Inheritance. 1. If the area is less than the area that should be divided, and the collective has mobile land, it can be made up if it can be made up; 2. If the area is more than the area that should be divided, it is generally not adjusted, and the actual area is confirmed and registered; 3. If the collective cannot make adjustments, then there will be no adjustments, and the status quo can only be maintained. If there is a dispute, please refer to the provisions of Article 51 of the Rural Land Contract Law

1. In the event of a dispute arising from land contracting, the parties may resolve it through negotiation, or they can request the villagers' committee and the township (town) people's government to mediate. 2. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly file a lawsuit with the people's court. Sincerely hope to help you, I wish you a happy life!

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Hello dear! The confirmation of rural land rights is not based on the actual area as follows: Article 1:

If the contracted area is less than the actual planting area, the area contracted by the peasant households within the four to the specified land shall be measured in accordance with respect for history and the wishes of the peasants, and the certificate shall be registered and issued according to the facts, and the excess area shall not be forcibly recovered. Article 2: In principle, the land contracted by the peasant households has been expropriated and compensated in accordance with the law, and the land contracted by the rural households shall be deducted from the area of the original contracted land in the village in the work of confirming and registering the rights, and the rights shall not be confirmed and registered.

Article 3: The land that cannot be reclaimed shall be confirmed according to the original use and area, and the land occupied by the state or local road construction shall be registered according to the original area and use at the time of confirmation and registration, but the additional contracted land after expropriation shall be confirmed to have contractors, so as to avoid the occurrence of new disputes. Article 4:

Occupation of land for public welfare: If the contracted land occupied by the village or group for the construction of roads, schools, offices, or other production public welfare undertakings has already gone through the formalities for requisition and compensation, it shall not be counted as the contracted land. Those who do not enjoy the one-time compensation shall still be registered in accordance with the original second-round contracted area in rural areas. Article 5:

During the second round of contracting, if the village has moved land, it shall, in accordance with the principle of respecting history and the present and the realities, form a resolution through consultation among the villagers or groups, and confirm and register the land rights in accordance with the current status of the land contract. Article 6: No confirmation of the right to change the use of the construction without approvalThe rural households that build houses on the contracted land on their own without approval and turn them into homesteads and other facilities shall not be registered for the time being, and those who have been approved to build houses shall not be included in the scope of right confirmation and registration.

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Hello, glad for your question. The reason why rural land rights are not confirmed according to the actual area is that there may be some deviations in the division of land at that time.

Therefore, there are some deviations between the land area and the actual area on the confirmation certificate. It is necessary to determine some basic principles for the confirmation of land ownership, which should embody the spiritual essence of land rights confirmation, point out the direction for the correct definition of land ownership, and always play a guiding role in the entire land rights confirmation. 1. The principle of respecting history and facing reality; 2. The principle of being conducive to production and life, and to social stability; 3. The principle of combining policies and laws; 4. The principle of dealing with different situations in stages and different situations; 5. General legal principles for the establishment of rights.

2. Methods of confirming rights: 1. Collectively owned land is generally for internal use. 2. Repeated requisition or allocation, the latter shall prevail. 3. If the boundary line does not match the area, the boundary line shall prevail.

When confirming land rights, it is necessary to properly handle the relationship between land ownership and use rights and administrative jurisdiction, the relationship between land ownership and the right to manage drafts in special areas, and the relationship between land ownership and planning areas. The basic methods of land ownership confirmation are investigation, application and registration, and issuance of certificates, so the confirmation of rights is mainly achieved through ownership investigation and application for land registration and issuance of certificates.

Legal Analysis: Consult with the relevant authorities. When measuring, if the contracted area is smaller than the actual planting area, the area contracted by the peasant households within the four to the range of the land should be measured in the spirit of respecting history and respecting the wishes of the farmers, and the certificate shall be issued according to the actual registration and issuance of the cover, and the excess area shall not be forcibly recovered.

Legal basis: Rural land rights confirmation and confirmation of the original Zen boring rules》 Article 2 has been occupied and compensated in principle, when the right is confirmed, it will be deducted.

That is to say, the land contracted by the peasant households has been expropriated in accordance with the law and has been compensated, and in the village's right confirmation and registration work, it will be deducted from the area of the original contracted land and will no longer be confirmed and registered.

Legal Analysis: Circumstances in which land rights cannot be confirmed:

1. Illegally converting land owned by peasant collectives into state-owned land under the pretext of the reform of the household registration management system or through "village to residence" without authorization;

2. Rural collective economic organizations illegally lease collective land for non-agricultural construction;

3. Urban residents purchase homesteads, peasant houses or "small property rights houses" in rural areas.

Legal basis: Land Management Law of the People's Republic of China

Article 9 The land in urban areas of cities shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 13: Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the State in accordance with law, shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 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. Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.

The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.

If the provisions of Article 36 and Article 38, Paragraph 1, Item 2 of the Land Contract Law are violated, the village may not issue a land title confirmation certificate.

Rural Land Contract Law of the People's Republic of China

Article 36: The contracting party may independently decide to transfer the land management rights to others in accordance with the law, such as leasing the contract), buying shares, or other means, and filing it with the contract party.

Article 38 The following principles shall be followed in the circulation of land operation rights:

A) in accordance with the law, voluntary, paid, no organization or individual may force or obstruct the circulation of land management rights;

2) The nature of land ownership and the agricultural use of land shall not be changed, and the comprehensive agricultural production capacity and agricultural ecological environment shall not be destroyed;

3) The term of the bank circulation shall not exceed the remaining term of the contract period;

4) The transferee must have the ability or qualification to operate in agriculture;

5) Under the same conditions, the members of the collective economic organization enjoy priority.