Based on the facts you described, please answer the following according to the relevant laws and regulations for your reference:
1. "After the Third Plenary Session of the 17th CPC Central Committee, land can be Are farmers transferred to each other? "
2. What does "transfer" mean? Circulation means that it can be bought and sold. The land used to be contracted by our family, not collective land. Ownership should be ours and we can do whatever we want, right? "
According to the laws of our country, the sale and purchase of land is prohibited in our country. The right to use land can be transferred in accordance with the law.
The "Constitution of the People's Republic of China" stipulates:
Article 10 Urban land is owned by the state.
Land in rural areas and urban suburbs is collectively owned, except where it is stipulated by law that it is owned by the state; homestead land, private land, and private hills are also collectively owned.
For the needs of public interests, the state may expropriate or expropriate land and provide compensation in accordance with legal provisions.
No organization or individual may appropriate, buy, sell, or otherwise illegally transfer land. Rights can be transferred in accordance with legal provisions.
All units and individuals using land must use the land reasonably.
The Land Management Law stipulates:
Second. Article 1 The People's Republic of China and the state implement socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people.
Land ownership owned by the whole people, that is, owned by the state, is exercised by the State Council on behalf of the state. >
No unit or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights may be transferred in accordance with the law.
The state may expropriate or expropriate land in accordance with the law for the purpose of public interest. Compensation shall be provided.
The state implements a paid use system for state-owned land in accordance with the law. However, the state shall allocate state-owned land use rights within the scope prescribed by law.
Article 8. It is owned by the state.
Land in rural areas and urban suburbs, except for the state-owned land according to the law, is owned by farmers’ collectives; homesteads and farmers’ private land and hills are owned by farmers’ collectives.
Article 9 State-owned land and land collectively owned by farmers can be designated for use by units or individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage and rationally utilize the land.
Property Law stipulates:
Article 47: Urban land belongs to the state. Land in rural areas and urban suburbs that are owned by the state belongs to the state.
2. My family. In rural areas of Hunan Province, there is more than an acre of land next to the road. My family has now sold part of the land to others and built two pieces of land to build houses. Household registration. A fee of 15,000 yuan was charged. Someone in the village was jealous and wanted to split the money. Did my family break the law?
If the land belongs to you, the transfer rights belong to you.
Secondly, is it legal for you to transfer the land?
It depends on the nature of the land. If it is farmland, it is definitely illegal if you change the land use without authorization, and the land may be collectively taken back. .
If the land use right certificate is obtained and it is clear that the land belongs to the homestead, then the homestead can be transferred according to the law.
Article 62: Each rural villager household can only own one homestead, and the area of ??its homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.
The construction of residences by rural villagers should comply with the overall land use plan of the township (town) and try to make full use of the original homestead and vacant land in the village.
The residential land used by rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.
Rural villagers who sell or rent their houses and then apply for homestead land will not be approved.
Suggestion:
Regarding whether your land transfer is legal, it is temporarily impossible to judge based on the information you provided.
If feasible, you can bring relevant documents (land use right certificate, transfer contract), etc., and consult a local lawyer or land management department.
The above opinions are simple answers based on your description and questions. They are the personal opinions of lawyers and are for reference only!
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Cao Jingjie Henan Zhengzhou Lawyer
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Question 2: Can rural land be bought and sold freely? This! It depends on which land you buy from fellow villagers!
If you buy his family’s extra homestead (such as the house left by your ancestors), this is a sale. In fact, it is the sale of land use rights. As long as there are still people in your family, the state will issue a certificate to the owner of the homestead you bought after 70 years, which is to protect your legal rights and interests. In the future, if you move your village to the county seat and the state expropriates the land you bought, you will be compensated. (The process of buying and selling homestead use rights varies from place to place, so you should follow your local process!)
If you want to buy private land or contracted land, you cannot buy or sell it. You can contract this type of land to grow crops or raise pigs, but if you build a house, the next time the village land is readjusted (usually once every ten years), the place where you build the house may belong to someone else.
In the final analysis, buying a house is "bought", not "bought"!
In the final analysis, it is possible to buy homestead land, and you can also get compensation for land acquisition in the future! You must have proof!
Question 3: Land can be resold Hello: Based on the facts you described, please answer the following according to the relevant laws and regulations for reference: 1. "After the Third Plenary Session of the 17th Central Committee of the Communist Party of China, land can be resold." Is it transferred between farmers? This land was previously contracted by our family, not the collective land. We can do whatever we want, right? The sale and purchase of land is prohibited. Land use rights can be transferred according to law. Article 10 of the Constitution of the People's Republic of China stipulates that urban land belongs to the state. Land in rural areas and urban suburbs, except for state ownership as stipulated by law, is collectively owned; homesteads, private land, and private hills are also collectively owned. For the needs of public interests, the state may expropriate or expropriate land and provide compensation in accordance with legal provisions. No organization or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights can be transferred in accordance with legal provisions. All organizations and individuals using land must use it rationally. Article 2 of the Land Management Law stipulates that the Communist Party of China and the state implement socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people. Land owned by the whole people, that is, land owned by the state, is owned by the State Council on behalf of the state. No unit or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights can be transferred according to law. For the needs of public interests, the state may expropriate or expropriate land and provide compensation in accordance with the law. The state implements a paid use system for state-owned land in accordance with the law. However, the state allocates state-owned land use rights within the scope prescribed by law. Article 8 The land in urban areas of cities belongs to the state. Land in rural areas and urban suburbs, except for state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private plots, and hills are collectively owned by farmers. Article 9 State-owned land and land collectively owned by farmers may be used by units or individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage and rationally utilize the land. Article 47 of the Property Law stipulates that urban land belongs to the state. The land in rural areas and urban suburbs that the law stipulates belongs to the state belongs to the state. 2. My family is in a rural area of ??Hunan Province, with more than an acre of land next to the highway. The land is planned to be used as construction land.
My family has now sold part of its land to others and built a community house with two bedrooms and one living room. This family also has a rural household registration. A fee of 15,000 yuan was charged. Some people in the village were jealous and wanted to share the money. If they didn't, they complained. Is my family breaking the law? If the land belongs to your contracted land, the right to transfer it belongs to you. Secondly, is it legal for you to transfer your land? It depends on the nature of the land. If it is cultivated land, it is definitely illegal if you change the use of the land without authorization, and the land may be collectively taken back. If the land use right certificate you obtained clearly indicates that the land belongs to homestead, then according to the law, the homestead can be transferred. Article 62 A rural villager can only own one homestead per household, and the area of ??the homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government. When rural residents build residences, they should comply with the overall land use plan of the township (town) and try to make full use of the original homestead and vacant land in the village. The residential land used by rural villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who apply for homestead land after selling or renting out their houses will not be approved. It is suggested that whether your land transfer is legal or not cannot be judged based on the information you provided. If feasible, you can bring relevant information (land use right certificate, transfer contract), etc. to consult a local lawyer or land management department. The above opinions are simple answers based on your description and questions. They are the personal opinions of lawyers and are for reference only!
Question 4: Can private land be bought and sold? First of all, according to legal provisions, land in our country is divided into two types: state-owned and collectively owned. The ownership of land cannot be transferred.
Article 2 of the Chinese Communist Party stipulates: "No organization or individual may appropriate, buy, sell, or otherwise illegally transfer land. Land use rights may be transferred in accordance with legal provisions." Article 80 of the General Principles of Civil Law stipulates: "Land shall not be sold, leased, mortgaged or illegally transferred in other forms." Article 2 of the Land Management Law stipulates: "The People's Republic of China and the People's Republic of China implement socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people. No unit or individual may embezzle, buy, sell, or otherwise illegally Transfer of land. For the benefit of the public, the state may expropriate collectively owned land in accordance with the law." Article 47 stipulates: "If land is bought, sold or transferred in other forms, the illegal gains shall be confiscated, and the newly built buildings and other facilities on the land sold, sold or transferred in other forms shall be demolished within a time limit or confiscated, and the parties may be fined; The relevant persons in charge shall be given administrative sanctions by their units or superior authorities." It can be seen that our country’s laws strictly prohibit the sale, lease, mortgage or other forms of transfer of land ownership.
However, land use rights can be bought, sold, rented, or mortgaged. However, the state has different regulations on state-owned land use rights and rural collective land use rights, with certain restrictions.
Question 5: Can rural land be sold? It is illegal. The sale and purchase of land is prohibited. It can be rented. If your land is farmland, you can also change the land use first, if it is basic farmland. It can't be changed. It can only be ordinary farmland. You have to go through the land bureau and the township bureau, and you personally have no authority.
Question 6: Can individual rural land be bought and sold? Houses in rural areas belong to collective land and can only be transferred among villagers in the same village, so it is legal as long as this condition is met.
Question 7: Can rural land be bought and sold? No, because the land belongs to the village collective, not you! Maybe they will be divided again according to population in a few years (our Pingbian rural areas are basically divided once every ten years), but how to calculate it? But there seems to be a kind of land called private land, which is for life. I don’t know if it is, I’m not sure. Ask your parents, they should understand! But a very important principle is that according to national regulations, even if the private land is determined to be a lifelong contract, the cultivated land is not allowed to be used for other purposes!
Question 8: Can land be transferred at will? Relevant provisions of the Land Management Law
Article 2, Paragraph 3
No unit or individual may appropriate, buy or sell, or illegally transfer land in other forms.
Land use rights can be transferred according to law.
Article 14 Land collectively owned by farmers shall be contracted by members of the collective economic organization for planting, forestry, animal husbandry, and fishery production. The land contract period is thirty years. The contract issuing party and the contractor shall sign a contract to stipulate the rights and obligations of both parties. Farmers who contract to manage land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract. Farmers' land contract management rights are protected by law.
During the period of land contract management, appropriate adjustments to the land contracted between individual contractors 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 villagers' meeting. Approved by the agricultural administrative departments of the township (town) People's Government and the county-level People's Government.
Article 31 The state protects cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
The state implements a compensation system for occupied cultivated land. For non-agricultural construction that has been approved to occupy cultivated land, in accordance with the principle of "reclaiming as much as it occupies", the unit occupying the cultivated land is responsible for reclaiming the amount and quality of cultivated land equivalent to the occupied cultivated land; there is no condition for reclamation or the reclaimed cultivated land does not meet the requirements. Reclamation fees for cultivated land shall be paid to provinces, autonomous regions, and municipalities directly under the Central Government in accordance with regulations, and special funds shall be used to reclaim newly added cultivated land. Used to reclaim new farmland.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate plans for reclamation of cultivated land, urge units occupying cultivated land to reclaim cultivated land in accordance with the plan, or organize the reclamation of cultivated land in accordance with the plan, and conduct inspections and tap potential.
Article 73 If the land is bought, sold or illegally transferred in other forms, the land and resources department shall order it to make corrections within a time limit. If the land is bought, sold or illegally transferred in other forms, the land administration department of the people at or above the county level shall Competent authorities confiscate illegal gains. If the overall plan is to convert agricultural land into construction land without authorization, 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 condition. If it complies with the overall land use plan, the newly built buildings on the illegally transferred land shall be confiscated. and other facilities; a fine may be imposed; the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 74 Violates the provisions of this Law by occupying cultivated land to build kilns or tombs, building houses on cultivated land without authorization, digging sand, quarrying, mining, soil extraction, etc., destroying farming conditions, or developing If land causes desertification or salinization, the land administrative department of the people's government at or above the county level shall order corrections or treatment within a time limit, and may impose a fine; if a crime is constituted, criminal liability shall be pursued in accordance with the law. .
Article 75 Anyone who violates the provisions of this Law and refuses to perform land reclamation obligations shall be ordered to make corrections within a time limit by the land administrative department of the people's government at or above the county level; if the person fails to make corrections within the time limit, he shall be ordered to pay back the land reclamation obligations. Reclamation fees, earmarked for land reclamation, may be subject to fines.
Article 76 Whoever illegally occupies land without approval or by fraudulent means to obtain approval shall be ordered to return the illegally occupied land by the land administrative department of the People's Government at or above the county level; Planning, unauthorized conversion of agricultural land into construction land, demolition of new buildings and other facilities on illegally occupied land within a time limit, and restoration of the land to its original state; if it is in compliance with the overall land use plan, newly built buildings and other facilities will be confiscated. If it complies with the overall land use plan, newly built buildings and other facilities on illegally occupied land may be confiscated and fines may be imposed; the person in charge and other directly responsible personnel of the unit that illegally occupies land shall be given administrative sanctions in accordance with the law; this constitutes a crime , be held criminally responsible in accordance with the law.
If the amount of land occupied exceeds the approved amount, the excess land occupied will be punished as illegal land occupation.
So:
1. Land cannot be bought or sold, no matter who it is; but land use rights can be transferred;
2. Farmers’ land contract management rights are governed by law Protect. During the land contract management period, any appropriate adjustments to the contracted land between individual contractors 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* Approved by the agricultural administrative department of ** and county-level people's ***.
The village branch secretary has no authority to decide.
3. The state strictly restricts the conversion of agricultural land into non-agricultural land, and stipulates that non-agricultural land should be used as wasteland as much as possible. The approval process for converting agricultural land into non-agricultural land is very strict and must be approved by the corresponding land management department.
4. Even if the use is approved, there is still a prerequisite. The state implements a compensation system for occupied cultivated land. If non-agricultural construction is approved to occupy cultivated land, in accordance with the principle of "as much as it is occupied, it will be reclaimed", the unit occupying the cultivated land... gt; gt;
Question 9: Land use rights Whether to buy or sell construction land use rights does not have a 30-year period. 30 years is the contract management right of rural collective land.
my country implements land use control, and land uses are divided into agricultural land, construction land and unused land.
Cultivated land is agricultural land and cannot be used for building houses.
After agricultural land is converted into construction land, it can be used in accordance with the relevant regulations on rural homestead management. Homestead land is land with limited property rights, cannot be transferred, and has no use period.