The content of the appeal is roughly as follows: a village in Laohebao Township, Fuxin County/kloc-children over 0/3 years old have land,/kloc-children under 0/3 years old have no land. Land adjustment before 13. At that time, I promised to minor for three years and major for five years. At that time, some floating land was reserved, which should be reserved for the new population. Now the children can't get the land.
Investigation: Since April this year, some villagers in a village in Laohetu Township, Fumeng County have repeatedly asked the township leaders to allocate land for their children born after 2002.
However, according to the relevant regulations, during the rural land reform in 1997, children born before 1 June 65438+1October/996 were given a piece of land, while children born after1were not allowed to get a piece of land.
Therefore, after investigation, the county office for rectifying the wind and the Laohetu township government put forward the following suggestions: 1. Strictly implement the land reform policy. According to 1996 county and township land reform document, it is stipulated that "the marriage will no longer be divided, and the death marriage will be converted into lease management". The motor land to be withdrawn should be divided into plots of more than 2 mu, and the villagers in this group have the priority to lease; 2. In order to stabilize the land contract, this year the village can organize the recovery of the original mobile land and draw lots for the contract; 3. Do a good job in mass work at the village and town levels, educate villagers with laws, regulations and policies, and let the masses know about the national land policy.
I believe that after reading the above example, there will inevitably be a question, should newborns be divided? In fact, the general policy is consistent with the general direction, that is to say, no matter what the previous policy of distributing land to children is, because the policies of counties, townships and villages in different regions are different, but now a village has to distribute land to children, but without land, it cannot disrupt the redistribution of land.
As mentioned in the above case, during the land adjustment in 1996, in addition to the villagers who took the initiative to contract the land and other land in the village, there was surplus floating land in the village, which was equally distributed to newborns in groups. In case of the death of a single contractor, the acquisition of new land by marriage with another village, and voluntary abandonment of the original contracted land after being transferred to non-agricultural registered permanent residence, the villagers' representatives in the village will recover the original contracted land and redistribute the recovered land by drawing lots. Although the quality of the plots is unequal, the land area allocated to newborns is balanced.
Its fundamental purpose is to stabilize and improve the two-tier management system based on household contract management, give farmers long-term and guaranteed land use rights, safeguard the legitimate rights and interests of rural land contractors, and promote agricultural, rural economic development and rural social stability.
Then, according to the relevant provisions of the Rural Land Contract Law of People's Republic of China (PRC), there are the following provisions to protect and safeguard the rights and interests of contractors:
Twenty-seventh contract period, the employer shall not adjust the contracted land. During the contract period, if the cultivated land and grassland contracted between individual farmers need to be properly adjusted due to natural disasters and other special circumstances, it must be approved by more than two-thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two-thirds of the villagers' representatives, and reported to the township (town) people's government and the agricultural administrative department of the county-level people's government for approval. If there is no adjustment as agreed in the contract, such agreement shall prevail.
Twenty-eighth the following land should be used to adjust the contracted land or contracted to the new population:
(a) motor vehicles retained by collective economic organizations according to law;
(two) the land increased by reclamation according to law;
(3) The contractor voluntarily returns it according to law.
It is not difficult to see from the above two paragraphs that the land needs to be readjusted, and whether there is land in the village for the newborn. But this "land" can be divided, generally speaking, it is the floating land in the village, and now most villages have no floating land to divide. At present, under the condition of very tight land resources, some villages with "strength" adopt the way of pooling money when they can't get land, so as to alleviate the farmers who can't get land from worrying about their children's future. However, this method cannot be widely promoted, because the real problem of "where does the money come from?" It is still unknown whether the government has the ability to bear this huge funding hole. From the consultation we receive every day, there are many problems in the village about not giving land to newborns, and sometimes there are many complaints, including basin problems. Then how should we understand and deal with this problem?
First of all, there are "Regulations on Land Contract" in our province and "Land Contract Law" in our country, all of which are clearly stipulated. Simply put, "the land is not for the living, and it will not be recovered after death." Of course, there are preconditions. That is, when the newborn has no land in the village, he can't redistribute the land and take part from others. For the old people who died, as long as they didn't register separately, they couldn't recover their contracted land. This is to stabilize the land in contract relationship.
Secondly, people who want to consult the relevant policies can directly ask the local township agricultural and economic departments about the issue of contracted land for newborns, which has been a consistent policy for many years.
Finally, it's not that farmers don't know the policy, but they just can't figure it out. Relevant departments have been promoting it for many years, but judging from online consultation or complaints, farmers, even some rural grassroots cadres, are confused or sometimes don't understand it. However, as long as the relevant departments can patiently explain when the masses consult, I believe the masses will give support and understanding to the national policy. along with
However, if "one small move every three years and one big move every five years" is always implemented, we can't just say that the land that was slightly moved three years ago is this year's standard, but we should move it again and distribute it evenly, and then implement "the land will remain unchanged for a long time" in accordance with the new land policy of the country.