Do children with rural hukou have land in the village?

Some. The population with agricultural household registration can divide the land in the village, provided that the contract is changed when the contract expires.

Based on social stability, long-term peace and stability of the country, family planning, and encouraging contractors to expand their input, the Property Law stipulates that the contract period for cultivated land is 30 years. Most of the cultivated land in rural areas was divided around 1983 and 1998, and the next land division will take another 30 years from the date of signing the contract. However, it can be subcontracted during the contract period.

Relevant laws and regulations of the Property Law.

Article 126 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 forest land is 30 to 70 years; The contract period of forest land for special forests can be extended with the approval of the competent forestry administrative department.

At the expiration of the contract period provided for in the preceding paragraph, the holder of the land contract and operation rights shall continue to contract in accordance with the relevant provisions of the State.

Article 127:Land contracting and management rights are to be established when the land contracting and management rights contract takes effect.

Local people at or above the county level shall issue land contracting and management certificates, forest rights certificates, and grassland use rights certificates to land contracting and management rights holders, and register and make a register to confirm land contracting and management rights.

Article 128: In accordance with the provisions of the Rural Land Contracting Law, the holder of land contracting and management rights has the right to transfer land contracting and management rights by means such as subcontracting, swapping, or transferring. The term of circulation shall not exceed the remaining term of the contract period. Without approval in accordance with law, the contracted land shall not be used for non-agricultural construction.

Article 129: Where the holder of land contracting and management rights exchanges or transfers land contracting and management rights, and the parties request registration, they shall apply to the local people at or above the county level for registration of modification of land contracting and management rights; Without registration, it is not allowed to confront a bona fide third party.

Article 130:During the contract period, the employer must not adjust the contracted land.

Where it is necessary to appropriately adjust the contracted farmland or grassland due to special circumstances such as serious damage to the contracted land due to natural disasters, it shall be handled in accordance with the Rural Land Contract Law and other legal provisions.

This should be divided into land, just like our division according to the head on the household register, but the division of land is once in ten or twenty years, not every year, if you feel that the infringement is infringed, you can also defend your rights in the legal companion, ask what they say.

It's not that it is not given to you, but it is not divided, and it is generally the land that replaces your own family. You're married, you know.

If there are houses and land in rural areas, it is better for children's hukou to fall into the city. Education in the city is more developed than in the countryside, and the children also have a good environment. The quality of teaching in rural areas can be said to be that children who get money may not be able to go to a good school, and people in the city attach great importance to their children's learning, but people in the countryside are not.

Although there are subsidies from the state in rural areas, children do not learn much there. Many teachers are reluctant to go to the countryside to teach, feeling that the environment there is very difficult. After all the good teachers go to the city, the children will not be able to study well if they stay in the countryside.

The biggest advantage of the rural hukou is that you can own homestead and land resources in the countryside, and if you encounter relocation, you may receive a huge amount of compensation. Everyone in the countryside pays some social pension insurance every year, and this money can be paid after the age of 60. For example, some people are sick and hospitalized, and with these insurances, they will be able to make certain reimbursements.

In some areas, there are also garbage fees, public security fees, etc., which are constantly improving the development of rural areas. The benefits of rural areas are very numerous, after all, land resources are available. <>

In fact, the advantage of cities and towns is that they can enjoy a variety of preferential policies given by the state and **, and it is also very convenient for children to go to school. For example, some children are in the city, and if they have a city hukou, they will be more secure when they take the entrance examination. Children in the city and children in the countryside are not educated at all, and the impact of a good environment on children is lifelong.

In general, whether children go to school in the countryside or in the city, they must get ahead. These things are chosen by the parents, but the parents should also think about the future of their children. Parents may want to keep their children in the countryside because then they can leave all their possessions to their children.

If the child has a household registration in the city, the house in the countryside can be sold, which can also bring benefits to the child.

I think it would be better to choose a rural hukou; Rural households can enjoy preferential policies for rural family planning, they can be allocated land for building houses and grain subsidies for farming, rural households can also enjoy new types of cooperative medical care in rural areas, compulsory education is free for children with rural household registration, and the educational resources of children with urban household registration will be of higher quality, and there will be more opportunities for employment, and social welfare will be better than those of rural households.

Our children live in the countryside. After all, the policies in the rural areas are now better than those in the cities, and the welfare benefits are better.

I think it's better to settle in the city, because settling in the city makes it easier for children to go to school in the future, and the policy is relatively biased towards the city; Cities have access to better educational resources, but rural areas have access to national policies.

Better in the city The development of education in the city is much better than that in the countryside.

Legal Analysis: It is not possible to divide land from urban to rural hukou. However, if the village committee only acts as a unit that receives the household registration and only stores the household registration, the people who move from the city to the rural areas are in fact not members of the village collective.

Legal basis: Provisions on the Determination of Land Ownership and Use Rights

Article 5 The land requisitioned for State construction shall belong to the State.

Article 6 In the development and utilization of State-owned land, the developer and user shall enjoy the right to use the land in accordance with law, and the ownership of the land shall remain with the State.

Article 26 The right to use land shall be determined to units or individuals with legal personality who directly use land. Except as otherwise provided by laws, regulations, policies and these Provisions.

27th land users by the State in accordance with the law allocation, transfer or liberation of the early period of receiving, continuing use, or through the lawful transfer, inheritance, acceptance of above-ground buildings and other means of using State-owned land, may determine their State-owned land use rights.

Article 28 Before the public ownership of land, the use of private land by purchasing houses or land and leasing land, and the land has continued to be used since the land was converted to the State, the current user of the State-owned land use right may be determined.

Summary. Generally no, the common practice in rural areas is that women who are unmarried cannot have a single independent household, and those who cannot be a single independent household can be counted as the population, but they cannot apply for homestead land separately. Because, when a woman marries a man, she has to move to another village and enter the household.

One method is that the eldest daughter and son-in-law apply for homestead as a single independent household, and the father and younger woman apply for homestead as a single independent household, which is still feasible, but the policies are different in different places. It mainly depends on how the village rules and regulations of the village are stipulated.

Can a son and a daughter in a rural household be separated? Can the youngest son apply for a homestead after the division of the household?

Hello, I am a platform consulting lawyer, I am reading your question Oh, please wait for me a little longer.

Generally no, the common practice in rural areas is that women who are unmarried cannot have a single independent household, and those who cannot be a single independent household can be counted as the population, but they cannot apply for homestead land separately. Because, when a woman marries a man, she has to move to another village and enter the household. One method is that the eldest daughter and son-in-law apply for homestead as a single independent household, and the father and younger woman apply for homestead as a single independent household, which is still feasible, but the policies are different in different places.

It mainly depends on how the village rules and regulations of the village are stipulated.

Generally speaking, it is not possible to have a single detached household in rural areas, and it is not counted as a population.

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The son is married.

No, either.

Summary. Relatives and relatives can request the villagers' committees, townships, and town people** to mediate and resolve the land if they are not given land in rural villages, and they can apply to the rural land contract arbitration institution for arbitration, and directly sue the people's court Even if you are a rural hukou, there is no provision that you must have land, and if there is no excess land in your village, it will naturally not be able to be distributed to you. Only when the village readjusts the contracted land, can it ask for a share of the contracted land

Relatives and relatives can request the villagers' committees, townships, and town people to mediate and resolve the land if they do not give the land to the rural village, and they can apply to the rural land contract arbitration institution for arbitration, and directly file a lawsuit with the people's court Even if you are a rural hukou, there is no provision that you must have land, and if there is no excess land in your village, it will naturally not be able to be distributed to you. Only when the village readjusts the contracted land, can it ask for a share of the contracted land

After the party's household registration is declared locally, during the contract period, the contract issuing party cannot take back the collective land contract management right, and after the contract expires, the party can be assigned the collective land management right You can bring your household registration book, Xunkai ID card, etc., and consult the director of the village (neighborhood) committee where the household registration is located, etc., and improve the specific reasons for not issuing the contract, and improve it according to the other party's reply If the party refuses to issue the contract for no reason, The parties concerned may report the matter to the higher-level department of the township where the household registration is located; You can also hire professionals to sue the local people's court to protect your rights According to the law: wasteland refers to undeveloped and unused barren land, which belongs to unused land. The reclamation of unused land must be scientifically demonstrated and evaluated, and shall be carried out after approval in accordance with the law in the areas that can be reclaimed as delineated in the overall land use plan.

Units and individuals are prohibited from engaging in land development activities in the prohibited reclamation areas as determined by the overall land use plan.

1) Mobile land reserved by the collective economic organization in accordance with the law, (2) Land increased through reclamation in accordance with the law, and (3) Land voluntarily returned by the contractor in accordance with the law. If these three conditions are met, the villagers can reasonably and legally apply for the division of their own land. There is also a situation in which the land is obtained through land transfer, and the auspicious keys for agricultural production are not landed.

If not, prosecute.

Legal basis: Article 17 of the Civil Procedure Law of the People's Republic of China provides that basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law. Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major cases involving foreign interests, 2) Cases that have a major impact in the jurisdiction, 3) Cases that the Supreme People's Court determines are under the jurisdiction of the Intermediate People's Court. Article 119:Litigation must meet the following requirements: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, 2) there is a clear defendant, 3) there are specific litigation claims, facts, and reasons, and 4) it is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

As for the question of whether the rural household registration can be divided, it is possible to divide the household, but the following conditions need to be met: The basic conditions for the separation of households are: the person who divides the household must live and live independently.

The so-called "independent living" means having one's own independent house (real estate), and "independent living" means being financially independent and taking care of one's daily life. 1. If there are two or more children in a household, the children shall be divided into households as a unit after marriage (if the spouse is an agricultural household, the household registration must be moved into the household of the person who requires the separation); If there is only one child in the household registration, the household will not be separated; 2. The husband and wife do not separate households when they divorce, but only change the marital status in the household registration information; If one party (other than the head of the household) remarries and has a house, the whole household is divided; 3. The person who divides the household must bring the second-generation ID card, **, the original household registration book, and the certificate of consent of the village group to the police station where the household registration is located.

Article 3 of the Regulations of the People's Republic of China on Household Registration shall be in charge of household registration by public security organs at all levels. Cities and towns with public security police stations shall have jurisdiction over the jurisdiction of the public security police station; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction. Township and town people's committees and public security police stations are the household registration organs.

For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration. For non-active military personnel residing in military organs and military quarters, each unit shall designate a special person to assist the household registration authority in handling the household registration. For the household registration of production cooperatives such as agriculture, fishery, salt industry, forestry, animal husbandry and animal husbandry, handicraft industry, etc., a special person designated by Hexiao Cooperative shall assist in the household registration of Jiqin and Guan.

Accounts other than cooperatives shall be directly registered by the household registration authorities.