The new land law stipulates how compensation is to be made for the occupation of cultivated land

It shall not be lower than the land price of the expropriated area.

Legal Analysis: Compensation for Occupied Cultivated Land: Compensation per mu for dry land is 10,000 yuan on average.

The average compensation per mu for paddy fields is 90,000 yuan. The average compensation per mu for vegetable fields is 150,000 yuan. Compensation standards for occupying basic farmland:

The average compensation per mu of dry field cherry blossoms is 10,000 yuan. The average compensation per mu of paddy fields is 10,000 yuan. The average compensation per mu for vegetable fields is 10,000 yuan.

Legal basis: Article 30 of the Land Management Law of the People's Republic of China The State protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.

The State implements a compensation system for the occupation of cultivated land. Where cultivated land is occupied with approval for non-agricultural construction, the unit occupying cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the cultivated land occupied in accordance with the principle of "how much is occupied, how much is reclaimed"; Where there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government, and the special funds shall be used for the reclamation of new cultivated land.

The people of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate a plan for the reclamation of cultivated land, supervise the units occupying the cultivated land to reclaim the cultivated land according to the plan, or organize the reclamation of cultivated land according to the plan, and carry out acceptance.

Legal Analysis: The land compensation fee is generally six to ten times the average annual output value of the cultivated land in the three years before it is expropriated. The resettlement subsidy for land expropriation is calculated according to the number of agricultural population to be resettled.

The number of people who need to be resettled shall be calculated according to the amount of cultivated land to be expropriated divided by the average amount of cultivated land occupied by the expropriated units before land acquisition.

Legal basis: Regulations on the implementation of the Land Management Law of the People's Republic of China Article 26 If land needs to be expropriated, local people at or above the county level believe that it meets the provisions of Article 45 of the Land Management Law, a pre-announcement of land expropriation shall be issued, and a survey of the current situation of the land to be expropriated and a social stability risk assessment shall be carried out. The pre-announcement of land expropriation shall include the scope of expropriation, the purpose of expropriation, and the arrangements for carrying out land status surveys.

The pre-announcement of land expropriation shall be published within the scope of the township (town) and village and villager group where the land to be expropriated shall be made in a manner that is conducive to public knowledge, and the pre-announcement time shall not be less than 10 working days. From the date of issuance of the pre-announcement of land expropriation, no unit or individual shall rush to plant and build within the scope of the proposed expropriation; In case of rushing to plant and build in violation of regulations, no compensation shall be given to the part of the rush to plant and build. The investigation of the current land situation shall ascertain the location, ownership, type and area of the land, as well as the ownership, type and quantity of rural villagers' houses, other above-ground attachments and seedlings.

The risk assessment of social stability shall conduct a comprehensive study and judgment of the social stability risk status of the expropriated land, determine the risk points, and propose risk prevention measures and disposal plans. The social stability risk assessment shall be attended by the land-expropriated rural collective economic organizations and their members, villagers' committees and other stakeholders, and the assessment results shall be an important basis for applying for land expropriation.

Legal Analysis: The standard of compensation for the expropriation of rural cultivated land by the state is mainly calculated based on the annual output value of cultivated land. Including land compensation, seedlings and attachments compensation, resettlement subsidies, etc.

Legal basis: Land Management Law of the People's Republic of China Article 47 Where the State expropriates and collects land, it shall be approved in accordance with legal procedures, and shall be announced and organized by the local people at or above the county level.

If the local people at or above the county level intend to apply for land expropriation, they shall carry out a survey of the current situation of the land to be expropriated and a social stability risk assessment, and announce the scope of expropriation, the current status of the land, the purpose of the expropriation, the compensation standard, the resettlement method and the social security within the scope of the township (town) and village and villager group where the land is to be expropriated for at least 30 days, and listen to the opinions of the land-expropriated rural collective economic and field tourism organizations and their members, villagers' committees and other stakeholders.

Most of the members of the land-expropriated rural collective economic organizations believe that the compensation and resettlement plan for land acquisition does not comply with the provisions of laws and regulations, and the local people at or above the county level shall organize a hearing, and modify the plan in accordance with the provisions of laws and regulations and the hearing.

All the right holders and users of the land to be expropriated shall, within the time limit specified in the announcement, register the compensation with the proof of real estate ownership. Local people at or above the county level shall organize relevant departments to calculate and implement relevant expenses, ensure that the full amount is in place, and sign agreements with the owners and users of the land to be expropriated on compensation and resettlement; If it is indeed difficult to reach an agreement on an individual case, it shall be truthfully explained when applying for land expropriation.

After the completion of the relevant preliminary work, the local people at or above the county level can apply for land expropriation.

Legal analysis: 1) According to Article 47 of the Land Management Law, there are three major areas of compensation for land acquisition, namely: land compensation, resettlement subsidy, and seedling compensation.

2) For the distribution of these three expenses: the resettlement subsidy and seedling fee are paid directly to the land expropriated, and the land compensation fee is paid to the village collective.

3) However, the land compensation fee to the village collective is not owned by the collective, and the land-expropriated person does not get it at all: the land compensation fee is uniformly distributed by the village collective, and the specific division must be decided by the villagers' congress, but at the time of distribution, or all village-type mu residents have the right to divide equally, and then the village will allocate land to the land-expropriated person; Or it is more allocated to the land expropriators as compensation, and the villagers who have not been expropriated will receive less or no compensation for the land expropriated.

Legal basis: "Land Management Law of the People's Republic of China" Article 22 When the State requisitions land for construction, the construction unit shall pay land compensation, compensation for seedlings and attachments, and resettlement subsidies, and the standards are as follows:

1. Land compensation fee 1The expropriation of cultivated land and vegetable land shall be calculated at six times the average annual output value (the same below) of the land in the three years prior to the expropriation according to the ** policy stipulated by the state;

2.The expropriation of land such as fish ponds, lotus root ponds, breeding farms, orchards, bamboo orchards, forest land, etc., shall be calculated at five times the annual output value of the land;

3.The expropriation of firewood, tidal land, reservoirs, reed ponds and other non-cultivated land for which there is income shall be calculated at three times the annual output value of the land;

4.The expropriation of homestead land shall be calculated according to the compensation standard of adjacent cultivated land; If the house is requisitioned and rebuilt by the construction unit, the original homestead will not be compensated;

5.Compensation is generally not given for the expropriation of non-profitable non-cultivated land.

China's relevant laws and regulations stipulate that if cultivated land is occupied, if it occupies or occupies collective land, it must pay relevant compensation fees. In this regard, the state has made relevant countermeasures on the compensation method for cultivated land occupation.

1. The Land Management Law of the People's Republic of China, the Regulations for the Implementation of the Land Management Law of the People's Republic of China and relevant local laws and regulations.

2. Compensation standards for cultivated land.

1. The average compensation per mu of dry land is 10,000 yuan.

2. The average compensation for paddy fields is 90,000 yuan per mu.

3. The average compensation per mu for vegetable fields is 150,000 yuan.

3. Compensation standards for occupying basic farmland.

1. The average compensation per mu of dry land is 10,000 yuan.

2. The average compensation per mu of paddy fields is 10,000 yuan.

3. The average compensation per mu of vegetable fields is 10,000 yuan.

4. In accordance with the provisions, if there is a dispute over the compensation standard, the local people at or above the county level shall coordinate; If the coordination fails, the people's ** who approved the expropriation of the land shall make a ruling.

5. The land compensation fee shall be owned by the rural collective economic organization, and the compensation fee for the above-ground attachments and seedlings shall be owned by the owners of the above-ground attachments and seedlings. The people's land administration department at or above the county level shall supervise and inspect the violations of land laws and regulations.

Sixth, without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level shall be dealt with, constituting a crime, criminal responsibility shall be pursued in accordance with law.

Those who occupy cultivated land shall pay land compensation, seedling compensation and attachment compensation in accordance with regulations. The standards for land compensation fees and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, self-imposed imitation districts, and municipalities directly under the Central Government, through the formulation and publication of comprehensive land prices for the districts.

According to China's Land Management Law, fair and reasonable compensation should be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed. The expropriation of land shall be in full and timely in accordance with the law, and the land compensation fee, resettlement subsidy, as well as the compensation fee for the houses of rural villagers, other attachments on the ground and seedlings, etc., shall be paid, and the social security expenses of the land-expropriated farmers shall be arranged.

Article 48 of the Land Management Law shall give fair and reasonable compensation for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

The expropriation of land shall be in full and timely in accordance with the law, and the land compensation fee, resettlement subsidy, as well as the compensation fee for the houses of rural villagers, other attachments on the ground and seedlings, etc., shall be paid, and the social security expenses of the land-expropriated farmers shall be arranged.

The standards for the compensation of 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' residences shall be fairly and reasonably compensated in accordance with the principles of compensation first and then relocation and improvement of living conditions, respecting the wishes of rural villagers, and adopting methods such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the costs of relocation and temporary resettlement caused by expropriation, so as to protect rural villagers' right to live and their lawful rights and interests in housing property.