Does the village collective have the right to recover the peasants land?

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.

1. Does the village collective have the right to recover the peasants' land?

1. Village collectives cannot recover peasants' land unless there are special circumstances. During the normal contract period, the land belongs to the peasants themselves, and the state does not take back the right to use the leased land before the expiration of the term of use agreed in the lease contract. The state may, for the sake of the public interest, withdraw the right to use the leased land in advance, provided that it is done in accordance with the procedures prescribed by law, and reasonable compensation is given to the lessee.

2. Legal basis: Article 14 of the Rural Land Contract Law of the People's Republic of China.

The employer has the following rights:

1) Contracting out rural land owned by the collective or owned by the state and used by the collective in accordance with law;

2) Supervise the contractor's rational use and protection of land in accordance with the purposes agreed in the contract;

3) Stop the contractor's acts that damage the contracted land and agricultural resources;

4) Other rights provided for by laws and administrative regulations.

Article 27.

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

The State protects the right of rural households to contract and manage land in urban areas. Withdrawal from land contracting and management rights must not be used as a condition for peasant households to settle in cities.

During the contract period, if the contracted peasant households settle in the city, they shall be guided and supported to transfer the land contract management rights within the collective economic organization or return the contracted land to the contract issuing party in accordance with the principle of voluntary compensation, and may also encourage them to transfer the land management rights.

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.

2. Does the homestead state have the right to take it back?

The state has the right to reclaim the homestead, but it is not arbitrary, such as the need for land for the construction of public facilities or public welfare undertakings, or the change of land use, or the relocation to other places without the use of land, the village committee will approve the people, and then recover the land use right in accordance with the law. However, if the land is contracted during the contract period, the contract issuing party cannot take it back, except during the contract period, when the whole family moves to the city and becomes a non-agricultural household registration, or when the family member who contracted the land dies, then the state has the right to take it back.

Legal analysis: According to China's laws, village collectives have the right to recover farmers' land.

Legal basis: Article 13 of the Rural Land Contract Law of the People's Republic of China The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and the village collective economic organizations or villagers' committees shall issue the contract; Where peasant collectives already belong to two or more rural collective economic organizations in the village, the contract shall be issued by each of the rural collective economic organizations or villagers' groups in the village. Where a village collective economic organization or villagers' committee issues a contract, it must not change the ownership of the land owned by the peasant collectives of the collective economic organizations in the village.

Rural land owned by the State and used by peasant collectives in accordance with the law shall be contracted by the rural collective economic organizations, villagers' committees or villagers' groups that use the land.

Legal Analysis: Village collectives generally do not have the right to repossess land. 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:

1. For the construction of rural public facilities and public welfare undertakings, it is necessary to use land; 2. Failure to use land in accordance with the approved use; 3. The use of land is stopped due to revocation, relocation, etc. The conditions for administrative examination and approval of the resumption of land use rights by rural collective economic organizations are: 1. It must be agreed by more than two-thirds of the representatives of the collective economic organizations in the village; 2. Meet the requirements of the overall land use plan; 3. Meet the requirements of urban planning; 4. In line with the national industrial policy.

Legal basis: Article 65 of the Land Management Law of the People's Republic of China In any of the following circumstances, rural collectives and economic organizations may recover the right to use land with the approval of the people who originally approved the use of land: (A) for the construction of 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.

In accordance with the provisions of item (1) of the former Xiangxiang paragraph, the land owned by the peasant collectives shall be recovered, and the land use right holder shall be given appropriate compensation.

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.

There are two kinds of attributes of land, one is state-owned, and the other is collectively owned, and the reality of the rural situation is that it is owned by collectives, and the village committee cannot take back the peasants' land without special circumstances, and the land belongs to the peasants themselves during the normal contract period. If the village committee wants to recover the land, it needs to convene a village collective meeting, and generally speaking, the land will be reclaimed by ** land acquisition, but a certain subsidy will be given to the villagers.

Article 58 of the Land Management Law of the People's Republic of China In any of the following circumstances, the relevant people's ** natural resources department shall report to the people who originally approved the land use or the people who have the right to approve the approval, and the State-owned land use right may be withdrawn:

1) For the implementation of urban planning, the reconstruction of old urban areas and other public interest needs, it is necessary to use land;

B) land transfer and other paid use of the contract agreed upon the expiration of the term, the land user does not apply for renewal or the application for renewal is not approved;

C) due to the revocation of the unit, relocation and other reasons, stop using the original allocation of State-owned land;

4) Roads, railways, airports, mines, etc. that have been approved for scrapping.

Where the State-owned land use right is recovered in accordance with the provisions of item (1) of the preceding paragraph, the land use right holder shall be given appropriate compensation.

Article 60 Where a rural collective economic organization uses the construction land determined by the overall land use plan of the township (town) to set up an enterprise or jointly establishes an enterprise with other units or individuals in the form of land use right shareholding, joint venture, etc., it shall submit an application to the competent department of natural resources of the local people's department at or above the county level with the relevant approval documents, and the approval authority provided by the province, autonomous region or municipality directly under the Central Government shall be approved by the local people's department at or above the county level; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

The land used for the construction of enterprises established in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards in accordance with the different industries and business scales of township enterprises.

According to China's laws, village collectives have the right to recover peasants' land. Legal basis: Article 13 of the Rural Land Contracting Law of the People's Republic of China Where the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, the village collective economic organization or the villagers' committee shall issue the contract; If the stool is owned by a peasant collective belonging to two or more rural collective economic organizations in the village, the contract shall be issued by each of the rural collective economic organizations or villager groups in the village.