Can the rural hukou continue to perform the land contract 10

Legal basis: Article 5 of the Law of the People's Republic of China on Land Contracting: Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law.

Article 32: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law. Article 48: Where the contract-issuing party contracts rural land to units or individuals other than the collective economic organization, it shall obtain the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization in advance, and report to the township (town) people for approval.

As long as the contracted family still has peasant households, the contracted land will not be taken back during the contract period, and if the contracted households have no peasant households, the land will be recovered by the village collective. Non-peasant households cannot inherit the land use right, but they can be compensated accordingly for their investment in the contracted land to increase the productive capacity of the land. Law on Rural Land Contracting and Management Article 26 During the contract period, the contract-issuing party shall not take back the contracted land.

If, during the period of contracting a contract, the contractor's family moves to a city divided into districts and changes to a non-agricultural household registration, the contracted farmland 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 14 The land owned by peasant collectives shall be contracted and operated by the members of the collective economic organization and shall be engaged in planting, forestry, animal husbandry, and fishery production.

Article 15 Where land owned by peasant collectives is contracted and operated by units or individuals other than the collective economic organization, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and shall be reported to the township (town) people for approval.

It can be seen that the Rural Land Contract Law clearly stipulates that the land contractor must be a member of the local collective economic organization. However, individuals or units outside the collective may obtain the right to contract with the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and after reporting to the township (town) people** for approval.

Of course, it is necessary to sign a contract with a collective economic organization to obtain the right to contract and manage land, which is also protected by law.

After obtaining the right to contract and operate land, the contractor may subcontract or lease the land by way of land circulation, which is also legal and permissible. Of course, in the process of renting and farming, it should also be consistent with the planning of the local collective economic organization, and at the same time, the rights and responsibilities of both parties should be agreed in the form of standardized contracts, so that these land resources can be effectively utilized.

You can also obtain the right to operate the land without a land contract.

Article 32 of the Land Contracting Law: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law.

Article 33 The following principles shall be followed in the circulation of land contract management rights:

1) Consultation on an equal footing, voluntary, and paid, and no organization or individual may compel or obstruct the contracting party to carry out the circulation 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;

4) The transferee must have the ability to operate in agriculture;

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

Article 34 The main body of the circulation of land contract management rights is the contracting party. The contracting party has the right to decide on its own in accordance with the law whether and how the land contracting and management rights should be transferred.

During the contract period, the contract-issuing party shall not unilaterally terminate the contract, shall not force the contractor to give up or change the right to contract and operate land under the pretext that the minority shall obey the majority, shall not take back the contracted land for bidding and contracting on the grounds of dividing the "ration field" and "responsibility field," and shall not recover the contracted land to offset the arrears.

Article 36: Subcontract fees, rents, transfer fees, and so forth for the transfer of land contracting and management rights shall be determined through consultation between the parties. The proceeds of circulation shall be owned by the contracting party, and shall not be withheld or withheld by any organization or individual without authorization.

Article 37: Where land contracting and management rights are transferred by subcontracting, leasing, swapping, transferring, or other means, both parties shall sign a written contract. Where the transfer is adopted, the consent of the contract issuing party shall be obtained; Where subcontracting, leasing, swapping, or other methods of circulation are employed, it shall be reported to the contract-issuing party for the record.

Therefore, you can obtain the right to contract land management from the farmer who has contracted the land in the form of land transfer, and carry out farming and management.

Legal analysis: The main consideration is the nature of the place where the household registration is moved, that is, the application of the law in the third paragraph of Article 26 and the third paragraph of Article 26 of the Rural Land Contract Law, so the parties can maintain the right to wash out the land contract according to their actual situation. Declaration:

Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 4 The household registration authority shall establish a household registration book.

In cities, on water, and in towns with public security police stations, each household shall be issued a household registration booklet.

In rural areas, cooperatives are issued household registration books; The household registration of former grandchildren other than cooperatives will not be issued with a household register.

The household register and the matters registered in the household register have the effect of proving citizenship.

Legal Analysis: No. Farmers have the right to use the homestead but not ownership. Only the house built on the homestead can be inherited, and the homestead that supports the house cannot be inherited as an inheritance.

In the case of Song Min's demolition, the compensation for the demolition of rural homestead houses can be divided into two types, one is the compensation for the above-ground buildings in the early ruler, that is, the ownership of the houses is owned by the property owner, and as an inheritance, relatives can receive compensation together with the members of the village collective.

The other is compensation for the land use right on the foundation of Lu Yinggao's house, and the land use right does not belong to the inheritance part, so it cannot be inherited.

Legal basis: Several Provisions on Determining 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 through the purchase of houses or land and lease of land, and the land has continued to be used since the transfer of the State, the current user of the State-owned land use right may be determined.