The basic farmland has been abandoned for several years, and what responsibility should the village

1. In our country, all land is either owned by the state or collectively, and there is no so-called terra nullius.

2. If it is "ownerless wasteland", the law shall not interfere with the cultivation of land planning or the environment without destroying the land plan;If the owner requests repossession, appropriate compensation for land reclamation shall be given in accordance with the principle of fairness.

3. There is no problem of ownerlessness in basic farmland;Whether other people's land is abandoned or not, other individuals have no right to interfere. Of course, the corresponding collectives or departments should take corresponding measures to organize the production and cultivation of land. Any individual who decides to carry out the so-called "reclamation" without the consent of the owner or the legitimate user is an illegal infringement and is not protected by law!

How many years has the basic farmland housing fee been?The village will be responsible, what responsibility should it bear?That's a big man.

What responsibility can there be, basically don't accept anything, you can't divide the land, and others are unwilling to take it back.

The basic farmland has been abandoned for several years, and I don't know much about what responsibility the person in charge of the village committee should be.

Basic farmland has been abandoned for several years. The head of the village committee should be held responsible for the inaction.

There seems to be no responsibility for the specific problem.

The village committee of the rural responsible field has no right to take it back, except in the following circumstances:

1. For the construction of public facilities and public welfare undertakings in towns and villages, it is necessary to use land;

2. The land user does not use the land in accordance with the approved purpose;

3. Where the use of land is stopped due to revocation, relocation, etc., and the land owned by the peasant collectives is recovered in accordance with the provisions of the first circumstance, appropriate compensation shall be given to the land use right holder.

In addition, even if the village committee proposes to recover the land of the user on the grounds of one of these circumstances, it must first report to the people who originally approved the land for approval. In other words, the village committee has no right to subjectively and arbitrarily demand that the land-use right holder demolish the house and vacate the land, and even if the collective land is recovered in accordance with the law, it must be carried out in strict accordance with the legal procedures in accordance with the law.

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

Article 8. The State protects the lawful rights and interests of collective land owners and the contracting party's right to contract and operate land, and must not be infringed upon by any organization or individual. Article 10.

The State protects the contracting party's lawful, voluntary, and compensated transfer of land management rights, and protects the lawful rights and interests of land operation rights holders, and must not be infringed upon by any organization or individual.

Right. The village committee has the right to recover the collective land of the village. The lease of collective land use rights is an important way for rural collectives to increase income, and the use rights of collective land have a term of use, and after the expiration of land use rights, users can renew the lease, and village collectives can also do it.

The village committee only carries out the collective land after receiving the task notified by the organization at the higher level, and the collective land can only be carried out after completing the relevant procedures in accordance with the regulations, otherwise it will cause contradictions. Legal basis: Article 65 of the Land Management Law of the People's Republic of China In any of the following circumstances, the rural collective economic organization may recover the land use right after the approval of the people who originally approved the land:

A) for the township (town) village public facilities and public welfare undertakings, the need to use land; (B) not in accordance with the approved use of land; (C) due to revocation, relocation and other reasons to stop the use of land.

Legal analysis: occupy basic farmland to build kilns, build houses, build graves, dig sand, quarry, mine, take soil, pile solid waste or engage in other activities to damage basic farmland, destroy planting conditions, by the people's ** land administrative departments at or above the county level to order correction or governance, restore the original planting conditions, and impose a fine of 1 time and 2 times the cultivated land reclamation fee for occupying basic farmland; where a crime is constituted, criminal responsibility is pursued in accordance with law. Illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine.

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

Article 2 The following lands belong to the ownership of the whole people, that is, to the State:

1) Land in urban areas;

2) Land in rural areas and suburbs that has been confiscated, expropriated, or requisitioned for state-owned land in accordance with law;

3) Land expropriated by the State in accordance with law;

4) Forest land, grassland, wasteland, tidal flats and other land that are not collectively owned in accordance with the law;

5) Where all members of a rural collective economic organization are converted into urban residents, land originally owned by the collective ownership of its members;

6) Due to reasons such as state-organized migration, natural disasters, etc., land that is no longer used by the relocated peasant collectives after the collective relocation of the peasants into an organized land.

Article 48 Fair and reasonable compensation shall be given for the expropriation of land to ensure that the original living standards of the land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed.

Land expropriation shall be paid in full and in a timely manner in accordance with the law, land compensation, resettlement subsidies, and compensation for rural villagers' residences, other above-ground attachments and seedlings, etc., and arrange for the social security expenses of land-expropriated farmers.

The standards for land 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 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.

The compensation standards for 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. Rural villagers' houses shall be based on the principle of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and give fair and reasonable compensation by means of rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensate for the relocation and temporary resettlement expenses caused by expropriation, so as to ensure the right of rural villagers to live and their legitimate rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for subsidies for pre-payment of social insurance 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 analysis: the 30-year contract period of the rural contracted production responsibility field will remain unchanged, that is, the contract period of the soil and tung good land will remain unchanged for 30 years. It means that after the expiration of the first round of land contract, the contract term signed for the second round of land sock land contract is 30 years.

During these 30 years, we will implement the policy of increasing the number of people without increasing the land, and reducing the number of people without reducing the land.

Legal basis: Rural Land Contract Law of the People's Republic of China Article 21 The contract period for cultivated land shall be 30 years. The contract period for the grassland is 30 to 50 years.

The contract period of the forest land is 30 to 70 years. After the expiration of the contract period for cultivated land provided for in the preceding paragraph, 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 the provisions of the preceding paragraph.

It is illegal to abandon basic farmland.

China's laws, regulations and relevant policies strictly prohibit any unit or individual from idling or leaving land uncultivated.

The Notice on Further Improving the Subsidy for the Protection of Cultivated Land (Cai Nong Ban 2021 No. 11) and other documents jointly issued by the Ministry of Finance and the Ministry of Agriculture and Rural Affairs stipulate that the following circumstances shall not enjoy the subsidy:

1. Cultivated land occupied as a livestock farm.

2. Forest land for which the state has issued a forest right certificate.

3. Conversion of cultivated land into facility agricultural land, including: land for production facilities and auxiliary facilities directly used for the production of agricultural products in the facility agriculture project area. For example, the land for multi-story greenhouses for factory crop cultivation, the land for production facilities such as aquaculture ponds and factory breeding ponds, the land for breeding and seedling raising, the land for inspection and quarantine monitoring and environmental protection facilities necessary for the destruction of agricultural production; Land used for supporting facilities engaged in grain production such as large agricultural households, family farms, farmers' cooperatives, and agricultural enterprises.

For example, drying grounds, grain drying bench drying facilities, temporary storage of grain and agricultural materials, agricultural machinery and tools.

4. Non-agricultural requisition (occupation) and other cultivated land that has been repurposed.

5. After being recognized by the people at the county level, the cultivated land that has been abandoned for more than 1 year will be disqualified from the subsidy for the next year.

6. As determined by the people at the county level, the area and quality of the "supplement" in the balance of compensation do not meet the cultivation conditions.

7. Cultivated land that is converted into forest land or orchard land without authorization.

To sum up, in accordance with the strict implementation of the priority requirements of cultivated land use, further strengthen the policy orientation of cultivated land fertility protection subsidies, establish and improve the linkage mechanism between the issuance of cultivated land fertility protection subsidies and cultivated land law enforcement supervision and inspection, and resolutely curb the "non-agricultural" and "non-grain" of basic farmland.

Legal basis]:

Article 18 of the Regulations of the People's Republic of China on the Protection of Basic Farmland.

It is forbidden for any unit or individual to idle or abandon basic farmland. If the key construction project approved by the first class occupies the basic farmland, and it can be cultivated and harvested without being used for one year, it shall be resumed by the collective or individual who originally cultivated the basic farmland, and the jujube hole can be cultivated by the land-using unit; If the construction has not been started for more than 1 year, the idle fee shall be paid in accordance with the provisions of the province, autonomous region and municipality directly under the Central Government; If it has not been used for 2 consecutive years, the land use right of the land-using unit shall be recovered by the people at or above the county level without compensation upon approval; If the land was originally owned by a peasant collective, it shall be handed over to the original rural collective economic organization for resumption of cultivation and reclassified as a basic farmland protection zone.

Where a unit or individual contracted to operate basic farmland abandons farmland for two consecutive years, the original contract-issuing unit shall terminate the contract and take back the contracted basic farmland.