-
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 may 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 original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
-
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.
-
Summary. Hello, under normal circumstances, the village committee does not have the right to take back the land of the peasants.
Hello, under normal circumstances, the village committee does not have the right to take back the land of the peasants.
Only if the peasants have damaged the land or made the land deserted, they can demand the resumption of the land contracted by the peasants.
Article 38 of the Land Management Law prohibits any unit or individual from idling or desolate cultivated land.
If it has not been used for two consecutive years, with the approval of the original approval authority, the land use right of the land-using unit shall be recovered by the people at or above the county level without compensation; If the land was originally owned by a peasant collective, it shall be handed over to the original rural collective economic organization for resumption of cultivation.
Article 66 of the Land Management Law In any of the following circumstances, the rural collective economic organization may recover the right to use the land after the approval of the people who originally approved the land: (1) for the construction of public facilities and public welfare undertakings in townships (towns) and villages, and it is necessary to use the 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. 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.
-
According to Article 5 of the "Rural Land Contract Law of the People's Republic of China," members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law. No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land.
-
Legal analysis: In accordance with the provisions of the law, the villagers' committee manages the land and other property owned by the village peasant collective, guides the villagers to make rational use of natural resources, and protects and improves the ecological environment. China has very clear and strict regulations on land use.
Therefore, villages and towns have neither the right to approve nor the right to implement land expropriation.
Legal basis: "Organic Law of the People's Republic of China on Villagers' Committees" Article 2 Villagers' committees are grass-roots mass autonomous organizations for villagers' self-management, self-education, and self-service, and practice democratic elections, democratic decision-making, democratic management, and democratic supervision. The villagers' committee handles the public affairs and public welfare undertakings of the village, mediates civil disputes, assists in maintaining social order, and reflects the opinions, requirements and suggestions of the villagers to the people.
The villagers' committee is responsible for and reports to the villagers' meeting and the villagers' representative meeting.
-
Hello dear, happy to answer for you. The village committee has the right to recover the right to use the land. But it's not that the village committee can take it back if it wants to.
2. According to Article 65 of the Law of the People's Republic of China on the Administration of Land Auction and Transfer, there are three circumstances under which the collective economic organization of the migrant village of the Agricultural Bureau can recover the land use right: (1) the land needs to be used for the construction of public facilities and public welfare undertakings in the township (town) village; (2) (land user) does not use the land in accordance with the approved use; (3) The use of land is stopped due to revocation, relocation, etc.
No. I can only find a way to find a way to seize the land by the court.
Grassroots mass autonomous organizations.
The village committee may seem inconspicuous, but in fact, if you look at its actual status, it has quite a lot of power! Because for the members of the village-level leadership body, which is basically at the same level as the common people or even worse than the level of many outstanding villagers, the self-control policy of the village committee has undoubtedly given them many opportunities for intangible and tangible real power, and this kind of power is so great that they can directly convene a general meeting within the village and announce the relevant economic data regulations and the execution of local political privileges, which is very remarkable for the empowerment of this level! The village committees of the former Soviet Union gradually turned into a pot of corrupt porridge, leading to the collapse of the entire state system......Because the existence and action of this most basic level of power have the greatest concealment, the most basic but not easy to detect a series of special relational ......It is these things that are the greatest potential for power! >>>More
Legal Analysis: Entitled. However, the village committee can only take back the contracted land of the peasant households under the following three circumstances: >>>More
Illegally occupying cultivated land and beating the people, illegally occupying other people's or public land is illegal, and beating the people is forcibly occupying and beating people, if it causes injury to others, it is the crime of intentional injury, and if it does not cause harm, it is the crime of forcible illegal occupation. shall be sentenced to fixed-term imprisonment of not more than 2 years, short-term detention or controlled release, and shall also be fined.