Does the village committee of the rural responsible field have the right to take it back?

The village committee of the rural responsible field has no right to take it back, except in the following circumstances:

1. For the construction of public facilities and public welfare undertakings in towns and villages, it is necessary to use land;

2. The land user does not use the land in accordance with the approved purpose;

3. Where the use of land is stopped due to revocation, relocation, etc., and the land owned by the peasant collectives is recovered in accordance with the provisions of the first circumstance, appropriate compensation shall be given to the land use right holder.

In addition, even if the village committee proposes to recover the land of the user on the grounds of one of these circumstances, it must first report to the people who originally approved the land for approval. In other words, the village committee has no right to subjectively and arbitrarily require the land-use right holder to demolish the house and vacate the land, and even if the collective land is recovered in accordance with the law, it must be carried out in strict accordance with the legal procedures in accordance with the law.

Rural Land Contract Law of the People's Republic of China

Article 8. The State protects the lawful rights and interests of collective land owners and the contracting party's right to contract and operate land, and must not be infringed upon by any organization or individual. Article 10.

The State protects the contracting party's lawful, voluntary, and compensated transfer of land management rights, and protects the lawful rights and interests of land operation rights holders, and must not be infringed upon by any organization or individual.

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.

Legal Analysis: Entitled. However, the village committee can only take back the contracted land of the peasant households under the following three circumstances:

First, during the contract period, if the contractor's family moves into a city divided into districts and changes to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned.

Second, during the contract period, if the contractor dies and the household is extinct, the contractor will naturally disappear and the contract-issuing party can take it back.

Third, the contractor submits a written report to the contract issuing party half a year in advance, voluntarily giving up the land contracting right, and the contract issuing party can take it back.

Legal basis: "Land Management Law of the People's Republic of China" Article 74 Where land is bought or sold or illegally transferred in other forms, the competent department of natural resources of the people's people at or above the county level shall confiscate the illegal gains;For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if it conforms to the overall land use plan;Fines may also be imposed;The directly responsible managers and other directly responsible personnel shall be punished in accordance with law;where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: During the contract period, if the contractor's entire family moves to a city divided into districts, the village committee can take back the contracted land, but if one person is in a rural area, or a county seat, or a town, it cannot be recovered.

Legal basis: Rural Land Contract Law of the People's Republic of China Article 26 During the contract period, the contract issuing party shall not take back the contracted land.

During the contract period, if the contracting party's entire family moves into a small town and settles down, it shall, in accordance with the wishes of the contracting party, retain its land contracting and management rights or allow it to transfer its land contracting and management rights in accordance with law.

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 contractor does not hand it over, the contract-issuing party may take back the contracted cultivated land and grassland.

During the contract period, when the contractor returns the contracted land or the contract issuing party takes back the contracted land in accordance with the law, the contractor shall have the right to receive corresponding compensation for the increase in the production capacity of the land invested in the contracted land.