What is land circulation What is land circulation

Land circulation refers to the circulation of land use rights, and the meaning of land use right circulation refers to the transfer of land management rights (use rights) by farmers who have land contract management rights to other farmers or economic organizations, that is, to retain the contracting rights and transfer the use rights. Management rights can be transferred through subcontracting, transfer, shareholding, cooperation, leasing, swapping, and other means, and farmers can be encouraged to transfer contracted land to large professional households and cooperatives, so as to develop large-scale agricultural operations.

To put it simply, on the one hand, there are some landowners who have land but are not able or unwilling to plant, and on the other hand, there are people who want to farm but do not have enough land. Therefore, those who do not want to farm can retain the land contract right to sublease the land use right to the person who wants to farm the land, and after the two parties negotiate the sharing of land profits, sign a contract protected by national law to complete the land circulation! In this way, people who do not farm can still have land income, so they can be liberated from the land!

Those who want to farm can get more land income, so as to achieve modern, large-scale, and mechanized agricultural production. It not only greatly reduces agricultural costs, but also improves agricultural production efficiency and market competitiveness.

The so-called land circulation refers to the act of transferring the land contract management right or land use right of the person who enjoys the land contract management right or land use right to another person for the operation or use of the land contract or land use right within a certain period of time by leasing, exchanging, subcontracting, transferring, etc.

Legal analysis: The contracting relationship between the two parties to a land contract is generally a village collective and a peasant household in the collective, and after signing a land contract between the two, the peasant households obtain the right to contract and manage the land, and can carry out agricultural production and business activities on the land.

Land circulation refers to the transfer of land management rights to farmers who have obtained the right to contract and manage the land to others by subcontracting, leasing, exchanging, etc., and obtaining land commissions for themselves. The circulation of rural land is the retention of the right to contract, the transfer of the right to use, and the transfer of the right to use.

Legal basis: "Land Management Law of the People's Republic of China" Article 67 The competent departments of natural resources of the people's ** at or above the county level shall supervise and inspect violations of land management laws and regulations.

Where the competent departments of agriculture and rural affairs of the people's governments at or above the county level conduct supervision and inspection of violations of laws and regulations on the management of rural homesteads, the provisions of this law on supervision and inspection by the competent departments of natural resources shall apply.

Land management supervision and inspection personnel shall be familiar with land management laws and regulations, loyal to their duties, impartial law enforcement.

We know that the land contract system has begun to be implemented now, so there are many ways to say it, and at the same time, there are many kinds of land properties, and the meaning of different types of land is also different. Next, I will introduce to you what is called land circulation.

In fact, land circulation refers to the circulation of land use rights, that is, the meaning of the circulation of land use rights, that is to say, peasant households with land contract management rights can be said to transfer land management rights (use rights) to other peasant households or economic organizations, which is also the right to contract and transfer the right to use. At the same time, it can also be transferred through subcontracting, transfer, shareholding, cooperation, leasing, swapping, etc.

What are the benefits of the new land transfer policy for landowners?

1. Clarify the ownership of land, and make your own decisions on your own land.

We know that in the past, the land division was generally measured by the brigade, and then the land was divided according to the head, for example, there were some births, old age, sickness and death, marrying wives and children, and at this time it was necessary to redistribute. The head of the household dies and the children do not have the right to contract, and the contracted land will be ** at this time.

2. Agricultural subsidies are given to those who actually farm the land.

We know that many people go out to work now, and at this time they will contract the land to others, and they need to take the subsidy, and now the policy is different, and whoever farms the land in the future will be given this subsidy to whom.

3. Idle or redundant and barren homesteads will be **.

If the homestead or the house on the homestead is idle for more than two years or more, the homestead will also be recovered by the rural collective economic organization in accordance with the regulations, and it will also be distributed to other rural households.

4. Safeguard farmers' land rights and interests.

If there is no land right to confirm before, the village to build channels or roads, at this time there is a possibility that the land will be forcibly expropriated, so that many farmers have become victims, if the land is confirmed, this land is our farmers, ** if you need to expropriate land, you must first discuss with our farmers, and at the same time should be compensated a lot of compensation, so that the land rights and interests of farmers are protected.

5. It is more convenient to get a loan.

If you usually need funds for turnover, then at this time, you can also use the homestead right certificate to go to the bank for mortgage, so that you can also exchange the money, otherwise you have to find a conditional guarantor yourself.

Summary: About what is called land circulation related content is introduced here, after the above introduction to it has a certain understanding, and also know its benefits so much, I hope the above introduction will be helpful to everyone.

Land transfer has been a hot word in rural land policy in recent years, and everyone must be familiar with it. Generally speaking, there are other individuals or organizations in rural areas who need a large amount of land to engage in planting or other agriculture, and because farmers do not want to farm, but have land, they can transfer the land management rights or use rights in their hands to other individuals or organizations through circulation.

The state also allows this situation, and encourages farmers to contract idle land to large professional agricultural households or cooperatives to manage agricultural products in batches and specializations.

However, in 2023, with regard to land circulation, it is still necessary to adhere to the basic principle, that is, farmers should voluntarily circulate and cannot be compulsorily transferred.

Article 2 of the Measures for the Administration of the Circulation of Rural Land Management Rights.

The circulation of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contract management by rural households, maintain the stability and long-term stability of rural land contract relations, and follow the principles of law, voluntariness, and compensation, and no organization or individual may force or obstruct the contracting party in the transfer of land management rights. Bi Sou shouted.

The policy on land circulation is as follows: The circulation of rural land management rights should follow the principles of equal consultation, according to law, voluntariness, and compensation on the basis of adhering to the system of rural household contract management and maintaining the stability and long-term stability of rural land contract relations.

After contracting the land, the contracting party enjoys the right to contract and manage the rural land, and may operate it by itself, or may retain the land contracting right, transfer the land management right of the contracted land, and have it operated by others.

The circulation of rural land management rights shall not change the nature of the ownership of the contracted land and its agricultural use, shall not damage the comprehensive agricultural production capacity and the agricultural ecological environment, shall not exceed the remaining period of the contract period, and shall not harm the legitimate rights and interests of stakeholders and rural collective economic organizations.

The circulation of rural land management rights shall be regulated and orderly. Circulation relationships formed in accordance with law shall be protected.

The competent departments of agriculture and rural affairs of local people's governments at or above the county level shall, in accordance with their duties, be responsible for the guidance of the circulation of rural land management rights and contract management within their respective administrative areas.

Analysis of the law of law and service: land circulation refers to the circulation of land use rights. The meaning of the circulation of land use rights refers to the transfer of land operation rights (use rights) by rural households with land contract management rights to other rural households or economic organizations, that is, the retention of contract rights and the transfer of use rights.

As soon as China's policy on the flow of rural land use rights was introduced, Shanghai was actively implementing it. The ideological framework of the mechanism for the circulation of rural collective land use rights in Shanghai has been basically formed: in accordance with the principle of "land right confirmation, separation of two rights (ownership and use rights), value manifestation, market operation, and benefit sharing", and in accordance with the principle of paid land use, the system of paid and time-limited circulation of agricultural land and construction land use rights in the suburbs of Shanghai will be implemented.

During the term of the land contract, the management rights of agricultural land may be transferred through subcontracting, transfer, shareholding, cooperation, leasing, swapping, etc., and farmers are encouraged to transfer the contracted land to large professional households, cooperative farms and agricultural parks, so as to develop large-scale agricultural operations. Collective construction land can be transferred through cooperation, shareholding, joint operation, conversion and other means of land use rights, and collective construction land is encouraged to concentrate in towns and industrial parks. The gist of it is:

On the basis of not changing the basic system of household contract management, the joint-stock system should be introduced into the construction of the land system, and a rural joint-stock cooperative system with land as the main content should be established, so that the land contracted by the peasants will be changed from a physical form to a value form, so that some peasants can work with peace of mind after obtaining equity rights.

secondary and tertiary industries; The other part of the peasants can expand the scale of land management and realize the transformation of suburban agriculture from traditional to modern. The in-depth integration of public ownership and the market has promoted the development of the collective chaotic economy.

Legal basis: "Land Management Law of the People's Republic of China" 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 fees for the expropriation of other land and subsidies for the resettlement of the elderly shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation fees and resettlement subsidies for the expropriation of cultivated land.