According to the rural land contract law, during the contract period, the employer shall not take back the contracted land, and the employer shall also undertake the following obligations:
(a) to safeguard the contractor's right to land contractual management, and shall not illegally change or terminate the contract;
(two) respect the production and operation autonomy of the contractor, and shall not interfere with the normal production and operation activities of the contractor according to law;
(three) to provide production, technology, information and other services to the contractor in accordance with the contract;
(four) the implementation of the overall land use planning of counties and townships (towns), and the organization of agricultural infrastructure construction within the collective economic organizations;
(5) Other obligations stipulated by laws and administrative regulations.
The Decision on Several Major Issues in Promoting Rural Reform and Development made by the Third Plenary Session of the Seventeenth Central Committee of the Communist Party of China pointed out that "the transfer of land contractual management right shall not change the nature of collective ownership of land, change land use or damage farmers' land contractual rights and interests. "Notice of the Ministry of Agriculture on Doing a Good Job in the Management and Service of Rural Land Contracted Management Right Circulation" stipulates: "The premise of rural land contracted management right circulation is voluntary compensation according to law, and it can be diversified within the scope permitted by law. The bottom line of circulation is not to change the collective ownership of land, not to change the use of land, and not to harm farmers' land contractual rights and interests. The nature of land ownership cannot be changed, that is, the nature and ownership relationship of land ownership cannot be changed in circulation. Land use should not be changed, that is, farmland circulation can only be used for agricultural production, not for non-agricultural development and construction. It is not allowed to damage farmers' land contractual management rights, that is, whether the land is transferred and in what way, it is entirely up to farmers to decide, and it is necessary to ensure that farmers' land transfer income is not infringed. "
The State Council (Guo Fa [2008] No.3) stipulates: "It is forbidden for land users to sign agreements with rural collective economic organizations or individuals to occupy land, and to avoid bidding, auction and listing by completing land use procedures. It is strictly forbidden to convert agricultural land into construction land without authorization, and it is strictly forbidden to convert agricultural land into non-agricultural land by renting. "
The State Council (Guo Fa [2006]3 1No.) stipulates: "The conversion of agricultural land into construction land must conform to the overall land use planning, the overall urban planning, the planning of villages and market towns, be included in the annual land use plan, and go through the examination and approval procedures for the conversion of agricultural land according to law. It is forbidden to use agricultural land collectively owned by farmers for non-agricultural construction by means of "collecting land by rent" and expand the scale of construction land without authorization. Farmers' transfer of the right to use collectively owned construction land must conform to the plan and be strictly limited to the legally acquired construction land. Failing to go through the examination and approval of agricultural land conversion in accordance with the law, and the staff of state organs approve the construction land by means of "collecting land by rent", which is illegal land grant; If a unit or individual occupies construction land by means of "collecting land by rent" without authorization, it is illegal to occupy land, and the legal responsibility of the relevant personnel should be investigated according to law. "