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The first is to build houses and factories: according to the Land Management Law, the state has other plans for land and has the right to expropriate farmers' land, but it needs to give farmers some compensation. The land included in the expropriation regulations shall not be registered, and shall be used for the construction of commodities and factories, as well as the construction of new rural areas and the relocation of poverty alleviation in other places in accordance with national planning.
The second is the confirmation of land rights. The state still encourages household contracting, but the direction of the peasants has changed. In the future, the focus of state support will be on family farms engaged in specialized and intensive agricultural production.
This is what we call a professional farmer, and it is hoped that after the land rights are determined, the farmer will become an honorable high-income occupation. After the land rights are confirmed, the State encourages the adoption of collective management methods similar to collective farms. Farmers can buy shares at the price of the land, work on the farm, and enjoy farm dividends.
Farmers can earn two cents.
In addition, employment is unstable and the security is sufficient, and land has naturally become the most important "asset" and pension cost for every rural person. Especially with the rapid development of urbanization and the prominence of land gold content, many people have become rich overnight due to demolition. Relocation.
The term "demolition of the second generation" came into being, and these phenomena made farmers pay more attention to the land in their hands. The situation of migrant workers on the land leads to the reluctance of them to transfer the land to agricultural enterprises for cultivation in different circumstances, even if the land rights are confirmed, because they are worried about "**". In the case of agreeing to the circulation, the circulation is relatively high, and it is difficult for agricultural enterprises and new agricultural production entities to bear, which is the current status quo of agricultural land circulation.
In fact, the confirmation of land rights is not only to protect the land rights and interests of peasants, but also to do a good job in the basic work of rural land consolidation planning. For rural land that has not been confirmed and registered, we are committed to developing new rural areas with special characteristics. This means that this rural pure land has begun to be agitated.
In the past, rural areas had large populations, few opportunities for development, poverty and backwardness, and no decent roads. City dwellers scoff at the countryside. measures, so that the road to prosperity is officially on the right track.
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At present, there is no specific standard for **compensation, but in any case, it is not possible to buy and sell without permission, but only to lease and use. Moreover, the land of the state belongs to the state, not to individuals.
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After the state has land, the compensation standards involved are, the compensation standard should be reliable for the local land location, and the land-expropriated farmers should be given employment training, social security of pension insurance subsidies, and secondly, compensation funds should be issued first and then land acquisition, and the specific compensation standards should be formulated by various localities.
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The compensation standard of each region is different, the compensation standard depends on the local land, and the location of the first will give employment training to land-expropriated farmers, pension insurance subsidies, and other social security issuance, compensation funds and then land acquisition, specifically in accordance with the local ** formulated.
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In fact, we used to say in some places on the Internet that the **** of compensation land is 100,000 yuan per mu. On our side, I think it must be inconsistent, after all, the economic situation of each place is different, you can't ask for land compensation in developed areas, and land compensation from the countryside is a peace. Therefore, the overall situation has a lot to do with the local economic development.
In fact, the compensation for land in each region is also different, and the two in the same province are different, and they are not the same.
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1. The Draft Amendment to the Land Law clearly states that compensation should be made for rural villagers' houses separately. The draft stipulates that the specific measures for compensation and resettlement of land owned by peasant collectives shall be formulated by ***. In accordance with the specific measures formulated by the government, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement.
Article 47 of the current Land Management Law stipulates that where land is expropriated, compensation shall be given according to 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 sum of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation. 2. The compensation for land acquisition has increased the compensation for homestead land and social security compensation. The draft amendment stipulates that compensation for land acquisition includes land compensation, resettlement subsidies and social security expenses for land-expropriated farmers, compensation for farmers' houses, and compensation for other above-ground attachments and seedlings.
3. In terms of housing security. Land-expropriated farmers in urban planning areas will be provided with houses on state-owned land, and monetary compensation will be given at market prices if they cannot be provided; Outside the urban planning area, homestead land is arranged to rebuild the house and compensation is provided according to the cost of the new house.
Legal basisArticle 47 of the Land Administration Law.
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.
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1. The Draft Amendment to the Land Law clearly provides separate compensation for the housing of rural villagers. According to the draft, specific measures for the compensation and resettlement of farmers' collective land have been formulated. According to the specific measures formulated by the government, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement.
Article 47 of the current Land Management Law stipulates that where land is expropriated, compensation shall be made in accordance with the original use of the expropriated land; Compensation for requisitioned cultivated land includes land compensation, resettlement subsidies, compensation for above-ground attachments and seedlings; The total amount of land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the expropriated land in the three years preceding it. 2. Land requisition compensation has increased homestead compensation and social security compensation. The revised draft stipulates that compensation for land acquisition includes land compensation, resettlement subsidies and social security fees for expropriated farmers, housing compensation for farmers, compensation for other above-ground attachments and compensation for seedlings.
3. In terms of housing security. Farmers on expropriated land in urban planning areas will be compensated in accordance with the market**.
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Summary. Kiss! Hello <>
After the land rights are confirmed, the village has no right to reclaim the land. Where the right to the land has been confirmed, the contract issuing party shall not take back the contracted land during the contract period of the land. Legal basis
Article 27 of the Rural Land Contract Law of the People's Republic of China 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. Article 20 of the Measures of the People's Republic of China for the Administration of Rural Land Contracting and Operation Certificates: During the contract period, if any of the following circumstances occurs, the rural land contracting and operation certificates shall be withdrawn in accordance with law:
1) During the contract period, the contractor's entire family moves to a city divided into districts and becomes a non-agricultural household registration. (2) During the contract period, the contracting party submits a written application and voluntarily gives up all the contracted land. (3) The contracted land is requisitioned or occupied in accordance with law, resulting in the loss of all rural land contracting and management rights.
4) Other circumstances of recovering land contracting and operation certificates.
Does the village have the right to reclaim the land after the land title is confirmed?
Kiss! Hello <>
After the land rights are confirmed, the village has no right to reclaim the land. Where the right to the land has been confirmed, the contract issuing party shall not take back the contracted land during the contract period of the land. Legal basis
Article 27 of the Rural Land Contract Law of the People's Republic of China 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 rural households settle in the city, they shall be guided and supported to transfer the land contract management rights within the collective economic organization in accordance with the principle of voluntary compensation or the contracted land shall be returned to the contract issuing party, and may also be encouraged 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 the 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 20 of the Measures of the People's Republic of China for the Administration of Rural Land Contracting and Operation Certificates: During the contract period, if any of the following circumstances occurs, the rural land contracting and operation certificates shall be withdrawn in accordance with law:
1) During the contract period, the contractor's entire family moves to a city divided into districts and becomes a non-agricultural household registration. (2) During the contract period, the contracting party submits a written application and voluntarily gives up all the contracted land. (3) The contracted land is requisitioned or occupied in accordance with law, resulting in the loss of all rural land contracting and management rights.
4) Other circumstances of recovering land contracting and operation certificates.
I have a piece of contracted land, during the contract period, the village planted trees next to it, the village agreed to give the land supplement, and confirmed the right to the first section of the key, the current village cadres want to take back the burning land of Huiqiao, is this right?
Not right. As long as the right is confirmed. There is no right to take it back.
Thank you. Good.
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Legal analysis: Although the people who own the land can rest assured that the land rights have been confirmed, the village has no right to recover the land during the confirmation period. First of all, the work report of the 19th National Congress of the Communist Party of China confirmed that the land contract relationship will be extended for another 30 years on the basis of the closed wheel contract period of the second bridge.
Legal basis: Land Management Law of the People's Republic of China
Article 1 This Law is enacted in accordance with the Constitution in order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and promote sustainable social and economic development.
Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit shall occupy, buy or sell or illegally transfer land in other forms.
Land use rights may be transferred in accordance with law. For the needs of the public interest, the state may expropriate or expropriate land for use in accordance with law and give compensation. The State implements a system of paid use of state-owned land in accordance with the law.
However, the state shall allocate the land use right of Guochi Bridge within the scope prescribed by law.
Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to make comprehensive plans, strictly manage, protect and develop land resources, and stop illegal occupation of land.
Fourth State implementation of land use control system. The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.
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