Is there legal protection for the landless peasants quota if they are occupied by others?

1. Article 2This Law applies to citizens, legal persons, or other organizations that believe that a specific administrative act infringes upon their lawful rights and interests and submits an application for administrative reconsideration to an administrative organ, and the administrative organ accepts the application for administrative reconsideration and makes an administrative reconsideration decision.

2. Article 5Where citizens, legal persons, or other organizations are dissatisfied with an administrative reconsideration decision, they may file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law, except where the law provides that the administrative reconsideration decision is final.

3. Article 6In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;

8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law;

4. Article 13Those who are dissatisfied with the specific administrative acts of the local people at all levels shall apply for administrative reconsideration to the local people's ** at the next higher level. Those who are dissatisfied with the specific administrative acts of the local people's ** at the county level to which the dispatched organs established by the people of the provinces or autonomous regions in accordance with the law belong shall apply to the dispatched organs for administrative reconsideration.

Article 12The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations:

3) Where an administrative organ refuses or does not respond within the statutory time limit when applying for an administrative license, or is dissatisfied with other decisions made by the administrative organ on administrative licensing;

In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases in which laws and regulations provide that litigation may be initiated.

As for the contract, how can there be no way to prove your own things? Then if the other party encroaches on your field, how can the other party prove that the field is his? You can find a grassroots organization for mediation.

If your whole family is not at home and the land has been barren for a long time, the village collective organization has the right to take it back according to the law.

Guangdong lawyer Hu:

1. At present, there is no special clear treatment and subsidy, only the following: reasonable compensation shall be given to farmers who occupy cultivated land, and compensation funds shall be implemented in full and in a timely manner to the villages and peasant households in strict accordance with the state's compensation policy on the expropriation and occupation of cultivated land.

It is necessary to make good arrangements for the employment of landless peasants. With regard to the employment of peasants who have occupied cultivated land, it is necessary to expand the employment channels and develop the rural areas in accordance with the relevant local arrangements.

In the secondary and tertiary industries, peasants should not lose their livelihood and lower their living standards because cultivated land is occupied.

For peasants who have difficulties in living, a minimum subsistence guarantee system is implemented. Because of the expropriation of land, the peasants have lost their land or have not been employed for a while, and difficulties arise in their livelihood and production.

2. No, you need to consult the local land bureau.

The peasants of the land are compensated! The state has clear regulations. The subsidy for landless peasants is based on the standard of different regions.

"Land Management Law of the People's Republic of China (2004 Amendment)" Article 47: Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings.

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled.

The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition. The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation.

The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land. The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State.

In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government. However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation.

According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised. Article 65: In any of the following circumstances, the rural collective economic organization may recover the right to use the land upon approval of the people who originally approved the use of 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;

3) Cease to use the land due to revocation, relocation, etc. Where land owned by peasant collectives is recovered in accordance with the provisions of item (1) of the preceding paragraph, appropriate compensation shall be given to the land use rights holders.

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Landless farmers who have not participated in insurance before the implementation of these measures, men have reached the age of 60, and women have reached the age of 55, and the basic pension insurance will be issued from the implementation of these measures.

The state's policy for entity farmers is to get more grain out of the most, and ** give you subsidies.

What is the state's policy towards landless peasants? The state will certainly give some subsidies and relief to these landless peasants.

Financial subsidies are given, and some work is arranged on the spot.

There are too many people who can manage, but there are too few to manage, only you can work your own, rely on your own hands, and buy a small house outside first.

In the past few years, there have been compensation, so how can the next generation live without a job and no land?

I am from Baihe Village, Jinji Township, and I have the same questions as you.

If everyone is united, you can contact the senior lawyer for rights protection matters.

Yes. Landless peasants refer to those whose per capita cultivated area is less than one mu after the peasants' land has been expropriated in accordance with the law, and are collectively referred to as landless peasants.

At present, the relevant departments are more concerned about appropriately raising the compensation standard for landless peasants and appropriately enhancing the transparency of the land acquisition process. The measures to address the root cause should be:

First, reform the land requisition system. Truly distinguish between different types of land expropriation, narrow the scope of land expropriation, and allow farmers' collective land to enter the market on an equal footing under the condition that it conforms to the overall national land use plan.

Second, further improve the relevant laws and regulations. The process of changing from collective land to state-owned land should be a transaction process of equal property rights. It is necessary to formulate special laws and regulations on land expropriation as soon as possible to strengthen the legal protection of peasants' land property rights.

Third, it is necessary to establish a reemployment training mechanism for landless peasants. Unemployment is the biggest problem facing landless peasants. After the peasants lose their land, they objectively need to switch from agriculture to other industries.

Since the 90s of the last century, a one-time compensation payment has been generally adopted in various places to allow land-expropriated farmers to find their own jobs. However, due to the low level of education and labor skills of the landless peasants, they are obviously in a disadvantageous position in terms of employment, and it is difficult for them to find their own jobs. Therefore, in addition to reasonable monetary compensation, we should also consider the long-term interests of landless peasants, give necessary guidance in labor and employment, organize the export of labor services, increase training, and improve the quality and skills of laborers.

All levels can allocate a part of the land transfer money for regular reemployment training for landless peasants.

Fourth, it is necessary to establish a social security system to eliminate the worries of landless peasants, especially medical care and old-age insurance.

Due to industrial development or.

Copying commercial development needs, in the planning area bai

Within the range, the peasants' du land was used by zhi

The process of bidding, auction and listing will be requisitioned and the DAO will be converted into industrial land or commercial land.

In land expropriation, compensation and social security are provided to landless peasants in accordance with the principle of "guaranteeing every expropriation."

The compensation is divided into two parts: one is the cash part, which is the compensation for grain and cash crops on the expropriated land area; Second, in many areas, the compensation cash for the actual area between the contracted acres of land and the actual acres of land is distributed according to households or people.

In terms of social security, according to the proportion of the expropriated area to the area of the village group, combined with the number of people, the list of participants in social security is determined, and finally all the land is expropriated, and all villagers participate in the landless peasant insurance.

** Land acquisition shall be determined by each province on a regional basis; Cash compensation for land use is linked to local standards. And social security must be in place, as long as it is legally requisitioned.

Regarding the return of social security, it varies from region to region, and in general, it has been raised. You can go to the social security department for advice. If you can get a guarantee certificate, you can rest assured. Hehe.

Hello, I still belong to the landless peasants.

To put it simply, a landless peasant is a peasant who has lost arable land, and for whatever reason it loses, it is a landless peasant!

That depends on how the compensation agreement for land acquisition is stipulated.

Article 47 of the Land Management Law stipulates that if the state expropriates land, it shall be announced and organized by the local people at or above the county level after approval in accordance with legal procedures.

If the local people at or above the county level intend to apply for land expropriation, they shall carry out a careful rent investigation and social stability risk assessment of the current situation of the land to be expropriated, and announce the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation standard, the resettlement method and 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 rural collective economic organizations and their members, villagers' committees and other stakeholders who are subject to land expropriation.

Most of the members of the land-expropriated rural collective economic filial piety organization believe that the land requisition compensation and resettlement plan 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.

The owner or user of the land to be expropriated shall, within the time limit specified in the announcement, go through the compensation registration with the proof of immovable property ownership. Local people at or above the county level shall organize relevant departments to calculate and implement the relevant expenses, ensure that the full amount is in place, and sign an agreement with the owner and user 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.

Landless farmers' landless insurance generally refers to the purchase of social security when the soil is occupied by cultivating the soil. Brother Pat Lead, and your homestead is occupied, and the allocation of resettlement housing has no impact on social security.

1. The basic objectives of the land acquisition and resettlement policy The current land acquisition and resettlement policy in China is that the state will provide direct economic compensation to farmers according to the original use of the expropriated land. This mechanism of economic compensation is necessary and has played a positive role and should be maintained and gradually improved. However, it should be noted that the current economic compensation mechanism is low-level and incomplete, and it is difficult to complete all the work.

A large number of empirical surveys have shown that such compensation is not conclusively able to restore the previous income and living standards of the resettled. In most cases, even if financial compensation is paid in full and on time, landless peasants will remain impoverished for some time.

The best way to prevent and alleviate the poverty of landless farmers is to re-examine the policy objectives and means of land acquisition and resettlement, with a focus on reviewing the way of thinking about loss assessment and compensation. Further, the land acquisition and resettlement policy should not simply be regarded as the payment of compensation or the replacement of existing assets, but should be broader: to enable the landless to rebuild productivity and improve their living standards, that is, to achieve the "sustainable livelihood" of landless farmers as the basic goal of the future land acquisition and resettlement policy.

The term "sustainable livelihood" refers to the earning capacity, assets and income-generating activities owned and acquired by an individual or family to improve their long-term living conditions. Within this framework, the definition of assets is broad and includes not only financial assets (such as deposits, land management rights, businesses or housing, etc.), but also the knowledge, skills, social circles, social relationships and decision-making abilities that affect an individual's life.

For a long time, the Party and ** have attached great importance to the sustainable livelihood of landless farmers. During the period of the planned economy, the state's policy of "recruiting and relocating peasants" or "job placement" for landless peasants was a good solution to the long-term livelihood problem of the vast number of peasants. It is only with the gradual establishment of the socialist market economic system and the reform of the household registration system and the labor employment system that the past methods of recruiting and resettling workers and converting rural areas into non-agricultural areas have lost their original role and significance in practice, and various contradictions and problems have begun to emerge.

Therefore, it is of great practical and policy significance to re-understand and recognize sustainable livelihood policies as the basic goal of land acquisition and resettlement.

2. Four means to achieve policy objectives.

1) Design a reasonable compensation mechanism.

A reasonable compensation mechanism should aim at improving or restoring the income and living standards of landless peasants. This can be understood in two ways. First of all, even if the compensation fee for land acquisition cannot achieve "full compensation" for the loss of land, it should at least ensure that the cost of replacing the original assets of farmers is paid in full and in a timely manner.

Based on the fact that the compensation fee for land acquisition is seriously low under the current law, the future compensation standard for land acquisition should focus on the following three factors on the existing basis, namely, the potential income and utilization value of land, the dual functions of land as a means of production and social security for farmers, and the supply and demand of the land market.