Will the land be repossessed after the hukou is moved, and whether the land will be repossessed afte

Whether the right of use is withdrawn from the place of origin should be judged separately according to the following circumstances:

1. On the premise that the parties concerned are in accordance with the provisions of Article 26, Paragraph 1 of the Rural Land Contract Law of the People's Republic of China and the entire household has relocated their household registration, they may continue to use the contracted land during the term of this contract;

2. On the premise that the parties concerned are in accordance with the provisions of Paragraph 2 of Article 26 of this Law and the entire household is relocated, the contracted land shall be returned to the contract issuing party;

3. On the premise that the parties concerned have moved their household registration in accordance with the provisions of Article 30 of this Law, if the parties have not obtained the contracted land in their new place of residence, the contract-issuing party shall not take back the original contracted land.

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

Article 26 During the contract period, the contract-issuing party shall not take back the contracted land.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law.

During the contract period, if the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contract-issuing party. If the contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland.

During the contract period, when the contracting party returns the contracted land or the contract-issuing party takes back the contracted land in accordance with law, the contracting party shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.

Article 30: During the contract period, if a woman marries and does not obtain the contracted land in her new place of residence, the contract-issuing party must not take back her original contracted land; Where a woman is divorced or widowed and still lives in her original place of residence, or does not live in her original place of residence but has not obtained a contract land in her new place of residence, the contract issuing party must not take back her original land.

What should I do if my hukou moves out and the original business contract land? Will it be taken back?

After the rural household registration is moved out, the land allocated shall be recovered according to regulations.

The current policy of the state is to encourage peasants to move to the cities and not to reclaim their land. However, each county and township will have its own land policy, which is sometimes inconsistent with this general policy of the state.

Legal analysis: It can be recovered, and the land use right is protected by law according to law after the right is confirmed. After the expiration of the confirmation of rights, they will no longer have the qualifications to continue to contract and operate in the future.

Because the land is collective, you have already moved out of your hukou, and you do not have the right to contract and operate. If your in-laws have land and you are allowed to contract it, of course you can do it, but this kind of situation is difficult. The following principles shall be followed in the circulation of land contracting and management rights:

1) Consultation on an equal footing, voluntary, and compensatory, and no organization or individual may compel or obstruct the contracting party to carry out the transfer of land contracting and management rights;

2) The nature of the ownership of the land and the agricultural use of the land shall not be changed;

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

The transferee has the ability to operate in agriculture;

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

If there are any of the following circumstances in the village, it shall undertake civil acts such as stopping the infringement, returning the original property, restoring the original state, removing the nuisance, eliminating the danger, and compensating for the loss

interfering with the contractor's autonomy in production and operation enjoyed in accordance with the law; Violating the provisions of this Law to recover or adjust the contracted land; Forcing or obstructing the contracting party to carry out the transfer of land contracting and management rights; Carrying out the transfer of land contracting and management rights under the pretext that the minority obeys the majority to force the contracting party to give up or change the land contracting and management rights; to divide the "ration field" and "responsibility field" as a false year, and take back the contracted land to engage in bidding and contracting; recover the arrears of the contracted land; depriving or infringing on women's lawful right to contract and manage land; Other acts that infringe on the right to contract and operate land.

Legal basis: Regulations of the People's Republic of China on Household Registration

Article 38 The relocation of household registration in the province shall be accepted by the public security police station at the place of relocation, and the registration of moving out and moving in shall be handled. Among them, the intra-provincial household registration transfer across counties (cities) or across districts and cities within the urban area shall be reported to the public security organs at or above the county level for approval.

Article 39 The relocation permit shall be accepted by the public security police station at the place of relocation to this province, and after examination and approval by the public security organ at or above the county level, a permit for the relocation of the household registration shall be issued. The applicant shall declare the household registration to the public security police station of the place of relocation outside the province with the household registration permit for moving out, and go through the household registration registration with the public security police station of the place of relocation with the household registration certificate issued by the public security police station of the place of relocation from outside the province and other materials.

The land after the migration of the hukou is subject to availability. If the hukou has been converted to a non-agricultural hukou, the collective economic organization can take back the cultivated land. If you are still an agricultural household after moving out, you should decide whether to reclaim the land according to your wishes.

Paragraph 2 of Article 26 of the Rural Land Contract Law During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow them to transfer their land contracting and management rights in accordance with law.

How to register a cooperative.

Legal Analysis]:1Application for Establishment Registration.

2.The minutes of the founding meeting signed (sealed) by all the founders.

3.The articles of association signed and sealed by all the founders.

4.Appointment documents and identity certificates of legal representatives and directors.

5.A list of capital contributions signed and stamped by all contributing members.

6.A copy of the member roster signed by the legal representative and the member's ID card repentance.

7.Proof of use of residence.

8.Proof of the designation of a representative or a delegator.

9.Application for pre-approval of the name of the cooperative.

10.The scope of business involves documents for pre-licensing. (This is generally not needed, and the business scope is roughly agricultural products).

In fact, the threshold for registering agricultural cooperatives is not high, and there are two main hard indicators, one is at least 5 members, and the other is that the proportion of farmers registered among members is not less than 80%. As for the registered capital of the brother's pre-split, only the amount needs to be agreed, and there is no need to pay it, but it should not be filled in too exaggerated.

Legal basis]: Law of the People's Republic of China on Professional Farmer Cooperatives Article 4 Professional farmer cooperatives shall follow the following principles of envy: (1) members with farmers as the main body; (2) To serve members for the purpose of seeking the common interests of all members; (3) Voluntary membership and freedom of withdrawal; (4) Members are equal in status and practice democratic management; (5) The surplus shall be returned mainly in proportion to the transaction volume (amount) between the members and the professional farmer cooperatives.

Legal analysis: According to the relevant laws and regulations of China, the criteria for determining hit-and-run accidents refer to the traffic accident caused by the driver of the motor vehicle driving a motorized slow car, and the driver of the motor vehicle took the act of fleeing in order to evade legal responsibility.

Legal basis: Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents.

In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct losses to public property or property disturbed by others, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the perpetrator's conduct of fleeing after a traffic accident in order to evade legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

What should I do if the rural hukou moves away from the land, and the specific situation is as follows:

1. According to the provisions of the state, during the contract period, if the rural household registration is transferred out, and the whole family of the rural household moves into a small town to settle down, it may retain its land contract management right or transfer the land out;

2. If the whole family of a farmer moves to the city of the community and changes to a non-agricultural household registration, the contracted cultivated land and base shall be returned to the contract issuing party, and the village collective that does not return the contracted cultivated land and grassland may be recovered;

3. The state has also emphasized many times that it is necessary to take back the contracted land in the countryside on the condition of settling in the city, so it is okay for farmers to choose several times and not return the land, nor to transfer it. But the premise is that you can't abandon the wasteland for a long time.

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

1. In accordance with the law, voluntarily and with compensation, no organization or individual shall force or hinder 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 damaged;

3. The circulation period shall not exceed the remaining period of the contract period;

4. The transferee must have agricultural management ability or qualification;

5. Under the same conditions, the members of the collective economic and economic organizations enjoy priority.

The Contractor shall have the following rights:

1. Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production, operation and disposal of products;

2. Swap and transfer land contracting and management rights in accordance with the law;

3. Transfer land management rights in accordance with the law;

4. If the contracted land is expropriated, requisitioned or occupied in accordance with the law, it shall have the right to receive corresponding compensation in accordance with the law;

5. Other rights stipulated by laws and administrative regulations.

Definition of land ownership.

Land ownership is the right of the landowner to occupy, use, benefit and dispose of the land he owns within the scope of the law, and is the legal expression of the land ownership system under a certain social form.

Please click to enter a description (up to 18 words).