Is it illegal for village cadres to illegally buy and sell land without the consent of the villagers

219 followers.

Collective land cannot be bought or sold.

1) Article 10 of the Constitution of the People's Republic of China stipulates that "land in rural areas and suburban areas shall be collectively owned, except for land owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. ”

Article 2 of the Land Management Law of the People's Republic of China states that "the People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people". Article 8 "Land in urban areas shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

2) In terms of the operation and management of collective land, it is stipulated that Article 10 of the Land Management Law of the People's Republic of China stipulates that "the land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations. ”

3) Confirmation of collective land ownership. Article 11 of the Land Management Law of the People's Republic of China states that "the land owned by peasant collectives shall be registered and registered by the people at the county level, and certificates shall be issued to confirm the ownership." ”

4) Expropriation and expropriation of collective land. The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

Paragraph 2 of Article 14 of the new "Land Management Law" stipulates that within the term of land contract operation, the appropriate adjustment of the land contracted between individual contractors and operators must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and reported to the township (town) people's ** and county-level people** agricultural administrative departments for approval. The contract management right here is in essence the land use right of collectively owned agricultural land, and the adjustment act is, to put it bluntly, a conditional transfer of the land use right, but the name is different, and it is approved by the villagers' congress and submitted to the higher level for approval.

If it is an illegal sale, it is also illegal with the consent of the villagers.

Don't break the law, as long as you don't force you to buy and sell. The law amended by the National People's Congress the year before last, peasants have the right to buy, sell, and transfer part of the contracted land. However, it is not completely free to buy and sell, after all, no matter who owns China's land, the nature of land ownership will not change.

If there is speculation in buying and selling, it is not allowed. For example, many places have been developed, and some people have learned the information first, bought a large amount of peasant land, and then earned the difference. This situation is illegal.

Answering kiss, this phenomenon is illegal. The Land Law was violated. According to Article 2 of the Land Law, the People's Republic of China implements 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 or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.

The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

Extended information: Punishment for illegal land sale: According to Article 228 of the Criminal Law of the People's Republic of China, whoever illegally transfers or resells land use rights for the purpose of making profits, violates land management laws and regulations, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegally transferred or resold land use rights.

where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine of between 5 and 20 percent of the value of the illegal transfer or resale of land use rights. Article 231 of the Criminal Law of the People's Republic of China: Where a unit commits the crimes provided for in articles 221 to 230 of this section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this section. Article 73 of the Land Management Law buys and sells or otherwise illegally transfers land, by the people's land administrative departments at or above the county level confiscate illegal gains; Where agricultural land is changed 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.

For those that conform to the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be confiscated, and a fine may be imposed concurrently; The directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

No, the State may expropriate or expropriate collective land if it is necessary for the public interest. Collective land is owned by the members of the collective organization and cannot be bought or sold privately. According to Article 63 of the Land Management Law of the People's Republic of China, the right to use land owned by farmers' collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Therefore, it is illegal for village cadres to sell village land without permission.

Land Management Law of the People's Republic of China: Article 63 The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Illegal sale of land constitutes the crime of illegal transfer or resale of land use rights shall be sentenced. If the crime of illegally transferring or reselling land use rights is constituted, the sentence is generally up to three years imprisonment or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegal transfer or resale of land use rights. The crime of illegally transferring or reselling land use rights refers to acts of illegally transferring or reselling land use rights for the purpose of making profits, in violation of laws and regulations on the management of land state and nuclear rights, where the circumstances are serious.

Criminal Law of the People's Republic of China

Article 228.

Whoever, for the purpose of making profits, violates land management laws and regulations by illegally transferring or reselling land use rights, and the circumstances are serious, is to be sentenced to up to three years imprisonment or short-term detention, and/or a fine of between 5% and 20% of the value of the illegally transferred or resold land use rights;

where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine of between 5 and 20 percent of the value of the right to use the land illegally transferred or resold.

Hello! It is illegal for the village committee to sell the land in the village without the consent of the villagers. Our country has strict regulations on basic farmland and cultivated land, which cannot be bought and sold at will or illegally occupied by village collectives.

If the villagers report to the Land and Resources Bureau and they do not reply, they can file an administrative lawsuit against the administrative inaction of the Guoshen Liangtu Department, and ask them to deal with it, or they can directly file a lawsuit with the court in accordance with the law.

Article 243 of the Civil Code stipulates that "when expropriating collectively owned land, it shall be repentant and pay in full the land compensation, resettlement subsidy, compensation for land attachments and seedlings in accordance with the law, arrange social security expenses for land-expropriated farmers, protect the livelihood of land-expropriated farmers, and safeguard the legitimate rights and interests of land-expropriated farmers." ”

Summary. Hello, dear, it is illegal for village cadres to expropriate villagers' land without the consent of the villagers, and it is illegal for village cadres to expropriate villagers' land without going through procedures and formalities, or without reasonable compensation and resettlement. <>

It is illegal for village cadres to expropriate villagers' land without the consent of the villagers, and it is illegal for village cadres to expropriate villagers' land without going through procedures and accompanying procedures, or without reasonable compensation and resettlement. <>

In the process of land expropriation, we must strictly abide by the land management law, the real estate management law and other laws and regulations, and protect the legitimate rights and interests of land ownership and use rights. <>

Pro-relatives, and yard expropriation of land must also carry out open, just and fair procedures, listen to the opinions and suggestions of the villagers, and carry out reasonable compensation and resettlement, to protect the interests and rights of the villagers. [Middle-Continent Shed Country].

Summary. Hello dear, <>

Village cadres illegally expropriate land, and villagers can protect their legitimate rights and interests through complaints, petitions, and other channels. At the same time, the relevant departments should also strengthen the supervision of land expropriation to prevent the occurrence of illegal acts. <>

Is it illegal for village cadres to expropriate villagers' land without their consent?

Hello dear, <>

It is illegal for the village cadres to expropriate the land of the villagers without their consent. Village cadres expropriated villagers' land without their consent, violating the provisions of the Land Management Law and the Regulations on the Requisition and Demolition of Wheeled Land. Villagers can report or complain to the local ** or relevant departments, and can also protect their rights and interests through legal channels.

Hello dear, <>

According to the Land Management Law, the Urban Real Estate Management Law and other laws and regulations, the expropriation of land must go through legal procedures and obtain the consent of the expropriated person. It is illegal for a village blind brother cadre to expropriate the land of a villager without the consent of the villagers. The person who is levied by the number of gods can report to the relevant departments and request to protect their legitimate rights and interests.

Hello dear, <>

The village cadres have illegally expropriated land, and the villagers can protect their legitimate rights and interests through Qingna filing a lawsuit and petitioning. At the same time, the relevant departments should also strengthen the supervision of land expropriation to prevent the occurrence of illegal acts. <>