The lawyer replied: it depends on the specific situation.
Legal objectivity:
1. What are the procedures for land lease? Collective land lease, must first requisition, into state-owned land. According to "Several Opinions on Standardizing the Lease of State-owned Land" (Guo Tu Zi Fa [1999] No.222), the lease of state-owned land with a lease term of more than six months shall be signed by the municipal and county land administrative departments and the land users. The contents of the lease contract shall include the location, scope, area, purpose, lease term, land use conditions, land rent standard, time and method of payment, time and range of adjustment of land rent standard, rights and obligations of lessor and lessee, etc. After the lease land use right is registered, the lessee can get a land use right certificate marked "lease". After the expiration of the land lease term, the right to use the leased land shall be terminated. Any unit or individual that does not meet the prescribed qualification of the subject of collective land use right for construction must apply for the use of state-owned land according to law. In reality, it is quite common for land lessees to sign land lease agreements directly with village committees to which collective land belongs. This practice is inappropriate, and the act of renting collective land without authorization will be deemed invalid by the court. The land lease contract signed by both parties is also invalid because it violates the mandatory provisions of national laws. If it is really necessary to lease collective land under special circumstances, it must be requisitioned and turned into state-owned land first, and then the lease procedures should be handled according to the following procedures: (1) Sign a lease contract with the relevant land management department to clearly stipulate the current situation, planned land use nature, lease term, rent and payment method of the leased land; (2) After the lease contract is signed, the lessee shall go through the registration formalities for the right to use the leased land with the real estate registration agency according to regulations; (3) After the registration of the right to use the leased land, the lessee can obtain the real estate title certificate marked "Land Lease" issued by the relevant departments. After the expiration of the land lease term, the right to use the leased land shall be terminated. In addition, enterprises can obtain the right to use collective construction land through share transfer. However, this method will face a series of other problems, such as the industry transformation of the whole enterprise, the reorganization of creditor's rights and debts. For enterprises that need to solve the problem of land use. Secondly, enterprises can realize the demand of obtaining production and operation sites by leasing existing houses on collective construction land. Compared with the former method, this method is simple, but it should be noted that the existing construction land and above-ground houses are obtained through legal examination and approval procedures. Second, how to deal with illegally leased land should be settled through consultation first. Under the leadership of the government, the government, villagers' groups and the third party leasing land reach an agreement through consultation to terminate the illegal lease contract. Secondly, it is solved by administrative compulsory means according to law. Article 73 of the Land Management Law stipulates that "if land is sold or illegally transferred in other forms, the illegal income shall be confiscated by the land administrative department of the people's government at or above the county level; In violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, the newly built buildings and other facilities on illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state. For those who meet the overall land use planning, the newly built buildings and other facilities on illegally transferred land will be confiscated. " Article 81 stipulates that "those who transfer, transfer or lease the land use right collectively owned by farmers for non-agricultural construction without authorization shall be ordered by the land administrative department of the people's government at or above the county level to make corrections within a time limit, confiscate the illegal income and impose a fine". The land management department may, in accordance with the above-mentioned laws and regulations, investigate and deal with the illegal lease of rural collectively owned land, require villages and groups to terminate the lease contract, order them to make corrections within a time limit, and may impose administrative penalties of confiscation and fines. In addition, the city's comprehensive law enforcement department can also issue a notice of rectification punishment within a time limit on the grounds that the third party renting the land has gone through useless examination and approval procedures and the buildings on the ground are identified as illegal buildings without building planning procedures, and then carry out forced demolition. However, it must be pointed out that after the government functional departments use administrative compulsory means to dismantle the lease contract, the lessee can still claim compensation from the village and group on the grounds of breach of contract because the lease contract between the lessee and the village and group has not been terminated. The third is litigation settlement. The village committee or villagers' group brought a civil lawsuit to the court, demanding the termination of the land lease contract. After bringing a civil lawsuit to terminate the contract, the court may examine and determine the validity of the land lease contract and make a judgment accordingly. Land leasing is very common, especially in the vast rural areas. Because rural land belongs to collective economic organizations, one party to the land lease is the rural collective economic organization, and the other party is the lessee.