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This is how I see the agricultural harvest in the year of the catastrophe, and the insurance companies want to make money, and they can't give more money to the farmers, so they delay the time.
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When will land insurance be issued?
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Rural land ownership belongs to village collectives, and peasants only have the right to use land (i.e., contract management). The current land ownership registration is mainly to register all the confirmed rights of rural collective land whose ownership is unclear, disputed, or omitted from the forgotten registration, excluding those whose ownership is clear and have already been registered with a certificate. One.
Scope of land ownership confirmation registration and issuance: Rural collective land ownership confirmation registration and issuance is the registration and issuance of land rights such as rural collective land ownership and collective land use rights. Rural collective land use rights include the right to use homestead land and the right to use collective construction land.
The registration and issuance of certificates for the confirmation of ownership of rural collective land should cover all collective land within the scope of rural areas, including construction land, agricultural land, and unused land owned by peasant collectives. Two. Contracted Place:
Article 26 of the Rural Land Contract Law: 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 them to transfer their 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 contracting party does not return it, the contract-issuing party may take back the contracted cultivated land and grassland. Three. Homestead:
If there is no change in the property rights of the homestead land and houses lawfully acquired by non-agricultural residents in rural areas, the land registration may be handled in accordance with the law after the farmer collective issues a certificate and announces that there is no objection, and the "right holder is not a member of the farmer collective" shall be noted in the memo column of the "Collective Land Use Certificate".
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Legal analysis: According to the relevant laws and regulations of our country, the first thing is to set the starting point. The starting point of claim settlement is 30%, that is, when the loss rate of the insured crops due to natural disasters reaches more than 30% (including 30%) to 70%, the compensation will be calculated according to the insurance amount and loss rate divided according to the growing period of the crop.
The specific claim calculation formula is: compensation amount = insurance amount for each growth period, loss rate, damaged area. When the loss rate reaches more than 70%, the full amount of the insurance amount for the growth period of the crop will be paid.
1. The insurer is not responsible for compensation for the rice planted due to natural disasters within the scope of insurance liability but the loss rate is less than 30%.
2. If the actual loss rate is more than 30% (inclusive), the compensation will be proportional, and the full compensation will be paid if the actual loss rate is more than 70% (including 70%). If the area of each insured rice plot is less than the actual planting area, the compensation shall be calculated according to the proportion of the insured area to the actual planting area.
Legal basis: Regulations on Agricultural Insurance
Article 2 The term "agricultural insurance" as used in these Regulations refers to the insurance activities in which, in accordance with the agricultural insurance contract, the insured bears the responsibility for compensating for the property losses caused by the insured due to the agreed natural disasters, accidents, epidemics, diseases and other insured accidents in the course of planting, forestry, animal husbandry and fishery production.
Article 8 The State shall establish a financially supported agricultural insurance catastrophe risk diversification mechanism, and the specific measures shall be formulated by the financial department in conjunction with the relevant departments.
The State encourages local people to establish a disaster risk diversification mechanism for agricultural insurance supported by local finance. [3]
Article 9 Insurance institutions operating agricultural insurance business enjoy preferential tax treatment in accordance with law.
The State supports insurance institutions in establishing a grassroots service system that meets the needs of agricultural insurance business development.
The State encourages financial institutions to increase credit support for farmers and agricultural production and operation organizations that have taken out agricultural insurance.
"Insurance institutions" as used in these Regulations refers to insurance companies and insurance organizations such as agricultural mutual insurance established in accordance with law. The starting point of claim settlement is 30%, that is, when the loss rate of the insured crops due to natural disasters reaches more than 30% (including 30%) to 70%, the compensation will be calculated according to the insurance amount and loss rate divided according to the growing period of the crop.
The specific claim calculation formula is: compensation amount = insurance amount for each growth period, loss rate, damaged area. When the loss rate reaches more than 70%, the full amount of the insurance amount for the growth period of the crop will be paid.
1. The insurer shall not be responsible for compensation for the rice planted due to natural disasters and accidents within the scope of insurance liability but the loss rate is less than 30%.
2. If the actual loss rate is more than 30% (inclusive), the compensation will be proportional, and the full compensation will be paid if the actual loss rate is more than 70% (including 70%). If the area of each insured rice plot is less than the actual planting area, the compensation shall be calculated according to the proportion of the insured area to the actual planting area.
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Legal analysis: Agricultural insurance refers to an insurance designed to provide protection for economic losses caused by natural disasters and accidents in the process of agricultural producers engaged in planting and animal husbandry.
Legal basis: "Interim Measures for the Administration of Agricultural Insurance Underwriting and Claim Settlement" Article 15 The insurance company shall conduct an on-site investigation within 24 hours after receiving the report, and if it is difficult to arrive in time due to force majeure or major disasters, it shall promptly contact the reporter and explain the reasons.
In the event of a large-scale planting disaster, the insurance company may take samples in accordance with the relevant agricultural technical specifications to determine the degree of loss of the insured subject. Insurance companies are encouraged to entrust professional third-party institutions such as agricultural technology to assist in formulating survey specifications.
In the event of an accident in the breeding industry, the insurance company should shoot the death target and enter its identification into the business system, and the insurance company's business system should have the audit and verification function of the uniqueness of the identification, and the ear number of the insurance target should be automatically cancelled in the business system. The insurance company should cooperate with the relevant competent authorities to urge farmers to carry out harmless treatment of the disease and death in accordance with national regulations, and take harmless treatment as a prerequisite for claims.
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Legal analysis: If the land is requisitioned by the national ruler Yunjia Construction, the land use unit shall pay the land compensation fee. The compensation for the expropriation of cultivated land shall be three to six times the average annual output value of the cultivated land in the three years preceding the expropriation.
The standard of compensation 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 standard of compensation 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.
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 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, with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government, the security subsidy may be increased.
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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National expropriation of land compensation project.
1. The land compensation fee is a compensation for land ownership, so the compensation law belongs to the collective, that is, the collective organization that belongs to the land ownership, that is, the village committee or villager group. The land compensation fee is calculated according to the number of acres of land, and the standard is 6-10 times the average output value of the previous three years. As of 21 October 2004, the fee was lifted by Decision No. 28 of 2004, which allowed for distribution within the collective organization.
Each province has different regulations on the specific distribution methods, and some provinces and municipalities have not yet made specific provisions. However, the main principle is the principle of villager self-control, and the villagers over 23 decide the distribution plan.
2. Resettlement subsidyThe resettlement subsidy is a compensation for land use rights and farmers' livelihood, so the compensation belongs to the land contractor, that is, the individual farmer, and if the collective resettlement subsidy is agreed, it will be used by the collective. The resettlement subsidy is calculated according to the agricultural population that needs to be resettled. The compensation standard for the resettlement subsidy is that the subsidy for each person who needs to be resettled is 4-6 times the average annual output value of the previous three years.
3. Compensation for seedlings and above-ground attachmentsCompensation for seedlings and above-ground attachments is compensation for the property owner, so the compensation belongs to the property owner. The standards are authorized by the provincial level to be formulated by the city divided into districts.
Article 47 of the Civil Code of the People's Republic of China Where 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 survey of the current situation of the land to be expropriated and a social stability risk assessment, 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 organizations believe that the compensation and resettlement plan for land acquisition 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 of the land to be expropriated and the person who conceals the right to use the land at a loss shall, within the time limit specified in the announcement, go through the compensation registration with the proof of ownership of the immovable property. 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 agreements on compensation and resettlement with all the vacant rights holders and users of the land to be expropriated; 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.
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