According to the relevant regulations, the agricultural administrative department of the people's government at or above the county level (or rural management) is responsible for the transfer and contract management of rural land contractual management rights within its administrative area in accordance with the responsibilities stipulated by the people's government at the same level.
Basic principles of land circulation:
1, adhere to the principle of ensuring ownership, stabilizing contracting rights and invigorating the right to use;
2, safeguard the rights and interests of farmers, adhere to the principle of "voluntary, paid, according to law";
3. Adhere to the principle of optimal allocation of land resources and optimal combination of production factors such as land;
4. Adhere to the principle of protecting cultivated land and focusing on protecting basic farmland.
Characteristics of land circulation:
1, the circulation speed is accelerated and gradually formed. Since the second round of land contracting in 1998, the circulation speed of land contractual management right in our county has been accelerated year by year, the area of land circulation has been expanding, and the number of farmers involved has been increasing.
2. The circulation types are diverse and the proportion is uneven. According to different standards, the transfer behavior of land contractual management right can be divided into many types.
3. The circulation behavior is not standardized and lacks management. The circulation behavior is seriously irregular, which is characterized by more self-circulation, less approval and filing, and less application for change registration; There are many oral agreements and few written agreements; There are many unclear agreements and few clear agreements; The written agreement is not standardized, but it is not standardized.
4. Part of cultivated land is non-agricultural, and there is a very small amount of illegal circulation. Some cultivated land is converted to non-agricultural use, which is mainly used for investment promotion, industrial parks, small towns and other projects.
What is the longest term of the land transfer contract?
According to the relevant laws and regulations of our country, the longest term of a land transfer contract is thirty years. The land collectively owned by farmers is contracted by members of the collective economic organization and engaged in planting, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. The obligation to use the land reasonably according to the purpose agreed in the contract will be protected by law.
What are the ways of land transfer?
If the contractor transfers part or all of the contracted management right of rural land by subcontracting, leasing or shareholding according to law, the contractual relationship between the contractor and the employer remains unchanged, and the rights and obligations of both parties remain unchanged.
Legal basis:
Land Management Law of the People's Republic of China
Article 13 Cultivated land, forest land, grassland and other land owned by farmers collectively and the state and used for agriculture according to law shall be contracted by households within rural collective economic organizations, while barren hills, gullies, hills and beaches that are not suitable for household contracting may be contracted by means of bidding, auction and public consultation to engage in planting, forestry, animal husbandry and fishery production. The contract period of cultivated land contracted by family is 30 years, grassland is 30 to 50 years, and woodland is 30 to 70 years; After the expiration of the contract period of cultivated land, it will be extended for another 30 years, and the contract period of grassland and woodland will be extended accordingly according to law. State-owned land used for agriculture according to law can be contracted by units or individuals to engage in planting, forestry, animal husbandry and fishery production. The employer and the contractor shall conclude a contract according to law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally use the land according to the purposes agreed in the contract.
Article 14 Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government. Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level. If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.