What is the practical significance of affirmation? What does affirmation mean?

First of all, it is conducive to strengthening the protection of property rights. Land is the most basic means of livelihood in agriculture and is also the "lifeblood" of peasants; once their rights are confirmed, peasants are the owners of real rights in land contract management rights, which is conducive to protecting peasants' rights and interests in land contracts in accordance with the law.

Second, it is conducive to strengthening the dominant position of the contracted peasant households as the main body of the market and the basic position of household contracted management, and providing a strong institutional guarantee for consolidating the basic rural management system. After the confirmation of the right and the issuance of the certificate, the land is both a resource and an asset, and the peasants are equivalent to holding their own land use rights, and whoever wants to move the contracted land in the rural areas must obtain the consent of the household. If peasants go out to work, they can also transfer the contracted land in accordance with the law and hand it over to family farms and farmers' cooperatives to operate in exchange for in-kind or rent.

In this way, the property income of the peasants will increase.

Thirdly, farmers can use their own warrants to take out mortgages. At present, because some farmers are unable to provide guarantees and do not have sufficient collateral, the problem of difficulty in obtaining loans is more prominent. After the issuance of the certificate of title confirmation, with the successive introduction of relevant policies, farmers can use their own warrants for mortgage loans.

Finally, it is conducive to clarifying the ownership of land contracting and management rights, and providing a strong original basis for resolving land contracting and management disputes and safeguarding the legitimate rights and interests of farmers in land contracting. If the area of cultivated land is unclear and the area is unknown, there is a great potential risk in the circulation of contracted land, not only can farmers not transfer land with confidence, but it is also difficult for the main body of large-scale land management to operate with peace of mind, which will inevitably restrict the development of modern agriculture.

What is the significance of confirming the rights of rural collective land?

It is a system for confirming real estate rights, that is, the right holder declares and registers the confirmation of real estate rights to the competent authorities.

Confirmation of rights is the confirmation of real estate rights by the real estate registration department, that is, the process of confirming the ownership of a real estate right in accordance with the provisions of laws, regulations and policies, through real estate declaration, ownership investigation, property rights approval, registration, issuance of rights certificate and other registration procedures.

Confirmation of ownership registration is a system for confirming real estate rights, that is, the right holder declares and registers the confirmation of real estate rights to the competent authorities.

Confirmation of ownership is in accordance with the provisions of laws and policies, through real estate declaration, ownership investigation, cadastral survey, examination and approval, registration, issuance of certificates and other registration procedures, to confirm the ownership of a certain real estate, the affiliation of the right to use and other rights.

Confirmation of rights refers to the transfer of the relevant data of all closed-end share holders recorded by China ** Depository and Clearing Co., Ltd. to the registration authority designated by the ** management company after the expiration and termination of the listing of the closed-end **.

Provisions

Article 20 of the provisions stipulates that "the administrative departments of land and resources in the investigation and handling of disputes, shall review the following evidence provided by both parties:

1. The certificate issued by the people to determine the ownership of the land;

2. Documents of the people's ** or competent departments approving the expropriation, allocation, transfer of land or otherwise approving the use of land;

3. A written agreement reached by the parties to the dispute in accordance with the law;

4. Documents or drawings of the people's ** or judicial organs handling disputes;

5. Other relevant supporting documents.

In the 21st article, the provision stipulates that "the evidence provided by the person concerned, the administrative departments of land and resources shall verify the facts, before they can be used as the basis for determining the facts." ”

Confirmation of rights is in accordance with the provisions of laws and policies, after real estate declaration, ownership investigation, cadastral survey, review and approval

Procedures prescribed for registration, such as registration and issuance of certificates of decentralization, confirm the ownership of a certain real estate, the affiliation of the right to use and other rights.

Land right confirmation: Land right confirmation refers to the confirmation and determination of land ownership, land use rights and other rights, referred to as right confirmation, and is also the content of determining the ownership and use rights of land within a certain range and other rights in accordance with the provisions of laws and policies.

Legal basis: Article 16 of the Land Management Law stipulates that disputes over land ownership and use rights shall be resolved through negotiation between the parties; If the negotiation fails, it will be handled by the people.

Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level.

Mediation Room 3: What exactly does it mean to confirm rights? Why did you find such a thing?

1. The homestead does not conform to the "Township Land Use Master Plan";

2. Except for inheritance and separation, there is more than one rural household in one place;

3. Houses purchased and built in rural areas by non-members of the collective economic organization or urban residents;

4. The dispute over land ownership has not yet been resolved;

5. The old houses or old houses that have not been demolished by rural village (resident) residents due to the need to demolish new houses are included in the land replacement project plan and have not been reclaimed;

6. Idle or the house has collapsed or been demolished for more than two years and has not been restored to use;

7. Due to demolition or expropriation of the original residence in accordance with the law, unified resettlement or compensation has been carried out in accordance with the law;

8. Land violations have not been dealt with or are being dealt with;

9. It has not been used for two consecutive years after approval;

10. Residences vacated by collectively-supported households with five guarantees;

12. Other circumstances where rights are not confirmed as provided for by laws, regulations, or policies.

Legal basis；Article 9 of the Land Management Law of the People's Republic of China.

The land in the urban area of the city is 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.

All land use rights holders who own homesteads must obtain the "Rural Homestead Use Right Declaration and Registration Form" issued by the land department, and fill in one copy for each homestead with each homestead as a unit.

The homestead used by the villagers must submit the land ownership certificate issued by the economic community, the second-level economic organization of the village committee and the town. Then the investigation team is responsible for collecting the application materials and submitting them to the land management department for review of ownership.

Confirmation of the subject of rights and confirmation of the ownership of real rights and contractual rights is the confirmation of rights, which is a civil legal concept, and in the civil cause of action, there is a cause of action for confirmation of rights, usually the confirmation of real rights.

Confirmation of ownership is the confirmation of the ownership of something. That is, in accordance with the provisions of laws and policies, the ownership of a certain real estate, the affiliation of the right to use and other rights are confirmed through the registration procedures such as real estate declaration, ownership investigation, cadastral survey, examination and approval, registration, and issuance of certificates.

Housing ownership confirmation is to ensure that the owner of the house has the right to occupy, use, benefit, and dispose of his house in accordance with the law, and it is the only complete property right. At the same time, it is also the legal basis for the management of property rights and titles such as real estate ownership registration, ownership change, transfer, appraisal, mortgage, intermediary services, etc.

Relevant Laws

Article 4 of the Interim Regulations on the Registration of Immovable Property stipulates:

The State implements a unified registration system for immovable property. The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses. The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.

According to Article 209 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021:

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

The above content refers to the Encyclopedia - Interim Regulations on Real Estate Registration.

The above content refers to Encyclopedia - Civil Code of the People's Republic of China.

To put it simply, confirmation of rights is to determine the ownership of rights and interests in a legally recognized way.

Applying for a real estate certificate is to confirm the rights and interests of the house in accordance with the law.

Applying for a certificate for the use of rural contracted land is a legal confirmation of the rights and interests of the contracted land.