What is the difference between rural collective land management rights and use rights?

What is the difference between rural collective land management rights and use rights?

The relationship between land contract management rights and land use rights

"Rural Land Contract Law" Article One provision: In order to stabilize and improve the two-tier management system based on household contract management and combining centralized and decentralized operations, grant farmers long-term and guaranteed land use rights, safeguard the legitimate rights and interests of parties to rural land contracting, and promote the development of agriculture and rural economy. and rural social stability, this law is formulated in accordance with the Constitution. Article 23 stipulates: After the contractor obtains the contract management right, the People's Government shall issue a "Contract Management Right Certificate" to confirm the contract management right obtained by the contractor. It can be seen that land use rights and land contract management rights are different concepts that are closely related and have important differences.

First of all, land contract management rights belong to the category of land use rights. The legal land use rights of the contracting party over the contracted land are a prerequisite for the contracting of land to the contractor. If the ownership of the land itself is unclear, and if two or more contracting parties have contracted the same piece of land to different contractors or both requested to be contracted to the same contractor, it is obvious that the essence of the case is a dispute over land use rights. If it is not certain who owns the legal land, The validity of the contract cannot be determined if the owner or party has the legal right to use the land, so it should be handled first by the People's Government in accordance with Article 16 of the Land Management Law. After the status of the land use right holder of the contract issuing party is determined, the contract operation contract becomes eligible for civil litigation.

Secondly, the core connotation of land contract management rights is that the contractor enjoys legal land use rights. This legal right of use is embodied in two aspects. First, the contract issuing party is the owner of the contracted land or has the legal right to use the contracted land before the contract is issued, and has the qualifications of the contract issuing party; second, the contractor's contract management rights are obtained in accordance with the law (policy, law, contract). Having legally obtained the contract management rights means that you have legal land use rights over the contracted land.

Thirdly, when it comes to land use rights, more levels are divided and determined from the perspective of administrative management. Most of them reflect the state’s management and protection of land resources, which are mainly adjusted according to administrative law. ; When it comes to land contract management rights, more levels are adjusted and regulated for the fair enjoyment of land resources by civil subjects from the perspective of civil contracts. This is mostly reflected in the equal negotiation and autonomy of will between the contracting parties under the legal framework, which is mainly governed by contract law. Adjustment. For example, Article 16 of the Land Administration Law, which is an administrative law, stipulates that land ownership disputes and land use rights disputes shall be handled by the People’s Government, while Article 51 of the Rural Land Contract Law, a civil law, stipulates that disputes over land ownership and land use rights shall be handled by the People’s Government. *** It only has the right to mediate but not to adjudicate disputes over land contract management; Article 14 of the "Interim Measures for the Handling of Land Ownership Disputes" promulgated and implemented by the Ministry of Land and Resources in 2003 clearly stipulates that cases involving disputes over rural land contract management rights will not be Acceptance of land ownership cases; the Rural Land Contract Law, the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Cases Involving Rural Land Contract Disputes, and the Ministry of Agriculture's Measures for the Administration of the Transfer of Rural Land Contract Management Rights all stipulate that contract management disputes shall be handled by Mediation by relevant departments, arbitration by arbitration institutions, or acceptance by the People's Court shows that only the People's Courts and arbitration institutions have the authority to adjudicate land contract management disputes. Land contract management disputes should include land contract management ownership disputes, and the People's Court has the power to determine the contracting management rights of the contractor.

In trial practice, conflicts over the ownership of contracted management rights continue to appear. Some are manifested as conflicts in contract contracts, and some are manifested in conflicts between the "Land Inventory" of the agricultural contract contract registration and management agency. Some are manifested as conflicts between the "Certificate of Contract Management Rights" issued by the People's Government, and some are manifested as conflicts between the contract contract, the "Land Inventory", and the "Certificate of Contract Management Rights". However, due to the vagueness of the theory and the judges' stereotyped understanding of the validity of the "Land Inventory" and "Certificate of Contracted Management Rights" issued by administrative agencies, they did not clearly understand the difference between the "Certificate of Contracted Management Rights" as a proof of rights and the "Land Use Certificate". 》There is an essential difference. Therefore, at present, a large number of disputes over the ownership of contracted management rights are still considered by the People's Court to be land use rights disputes and are handled by the People's Court.

Article 11 of the "Rural Land Contract Law" stipulates that the administrative agency shall serve as the administrative department for agricultural contracting and contracting, but its authority lies in the filing and guidance of contracting contracts, and in the signing of contracts by both parties. The contract provides policy support and administrative supervision. For example, Mr. Li failed to obtain the second round of contracted land in 1994 and now appealed to the village committee, but the village committee ignored it. Zhang went to the people's agricultural department and requested to communicate with the village committee. The committee signs a contract, and the People's Government's agricultural authorities may request or urge them in accordance with the spirit of the "Emergency Notice on Properly Solving Current Rural Land Contract Disputes" of the General Office of the State Council and the powers stipulated in Article 11 of the "Rural Land Contract Law" The village committee signed a contract with Zhang. As for disputes such as the validity of the contract and the performance of the contract, it is still not the function of the People's Government's agricultural department, nor the function of the People's Government's land department. Because the People's *** did not have the authority to handle conflicts over contracted management rights, civil cases were dismissed, resulting in dissatisfaction, embarrassment and negative treatment by administrative agencies. The legitimate rights and interests of landless farmers could not be protected in a timely manner. The provisions of the Rural Land Contract Law Legislative purposes are not fully implemented. The reason is that theoretical research on contract management rights and trial practice are still in their infancy, and there is no mature theory to guide trial practice. The People's Court is unfamiliar with agricultural contracting policies and has no understanding of the Rural Land Contract Law. The lack of due depth of understanding of legislative purposes has deepened the spread of this misunderstanding.

Therefore, when hearing cases involving agricultural household contract disputes, specific distinctions should be made in the application of the law regarding the phenomenon of conflicts over contract management rights that are often encountered. After the second round of contracting, the parties did not obtain the right to operate the second round of contracting, and the resulting disputes fell within the management functions of the *** department stipulated in Article 11 of the "Rural Land Contract Law" and could be included in the scope of land use rights disputes; the parties involved If the second round of contract management rights has been obtained and the land rights belong to the contractor, the relevant disputes and conflicts caused by the second round of contract management rights should no longer be included in the scope of land use rights disputes. The people's court has the right to decide according to the specific circumstances of the case. The provisions of the "Contract Law" and the "Rural Land Contract Law" determine the contract management rights of one party, and the lawsuit should not be dismissed on the grounds of land use rights disputes. What is the difference between rural collective land contract management rights and use rights?

Rural collective land contract management rights and use rights are different concepts that are closely related but have important differences.

First of all, land contract management rights belong to the category of land use rights. The legal land use rights of the contract developer over the contracted land are a prerequisite for the contracted land to the contractor. If the ownership of the land itself is unclear, and if two or more contracting parties have contracted the same piece of land to different contractors or both requested to be contracted to the same contractor, it is obvious that the essence of the case is a dispute over land use rights. If it is not certain who owns the legal land, The validity of the contract cannot be determined if the owner or party has the legal right to use the land, so it should be handled first by the People's Government in accordance with Article 16 of the Land Management Law. After the status of the land use right holder of the contract issuing party is determined, the contract operation contract becomes eligible for civil litigation.

Secondly, the core connotation of land contract management rights is that the contractor enjoys legal land use rights. This legal right of use is embodied in two aspects. First, the contract issuing party is the owner of the contracted land or has the legal right to use the contracted land before the contract is issued, and has the qualifications of the contract issuing party; second, the contractor's contract management rights are obtained in accordance with the law (policy, law, contract). Having legally obtained the contracted management rights means that you have legal land use rights over the contracted land.

Thirdly, when it comes to land use rights, land resources are divided and determined from the perspective of administrative management. Most of them reflect the state’s management and protection of land resources, which are mainly adjusted in accordance with administrative law. ; When it comes to land contract management rights, more levels are adjusted and regulated for the fair enjoyment of land resources by civil subjects from the perspective of civil contracts, which mostly reflects the equal negotiation and autonomy of will of both parties to the contract under the legal framework, which is mainly governed by contract law. Adjustment.

For example, Article 16 of the Land Management Law, which is an administrative law, stipulates that disputes over land ownership and land use rights shall be handled by the People's ***, while Article 51 of the Rural Land Contract Law, which is a civil law, stipulates that disputes over land ownership and land use rights shall be handled by the People's ***. Land contract management disputes only have the right to mediate, but not to adjudicate; Article 14 of the "Interim Measures for the Handling of Land Ownership Disputes" promulgated and implemented by the Ministry of Land and Resources in 2003 clearly stipulates that disputes over rural land contract management rights are not regarded as land ownership cases. Acceptance; the Rural Land Contract Law, the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Cases Involving Rural Land Contract Disputes", and the Ministry of Agriculture's "Measures for the Administration of the Transfer of Rural Land Contract Management Rights" all stipulate that contract management disputes shall be mediated by relevant departments and arbitration institutions It can be seen that only the People's Court and agricultural-related arbitration institutions have the authority to adjudicate land contract management disputes. Land contract management disputes should include land contract management ownership disputes. The People's Court has the power to determine the contractor's contract management rights, and has the judicial power to decide whether the land contract management rights have been obtained and how to resolve conflicts.

Land contract management right is the collective contract management right of citizens to state-owned land owned by the collective or the state and used by units owned by the whole people or collectively owned. The subject of this right is a citizen or a collective; the object of the right is collectively owned land or state-owned land owned by the state and used by units owned by the whole people or collectively owned units; the content of the rights is stipulated in the contract.

Land use rights are usufruct rights enjoyed by rural collective economic organizations and their members, as well as other organizations and individuals that comply with legal provisions, over collectively owned land within the scope of legal provisions. Land use rights shall not be transferred, transferred or leased for non-agricultural construction, except where the land use rights are transferred in accordance with the law due to bankruptcy, merger and other circumstances of enterprises that comply with the overall land use plan and obtain construction land in accordance with the law. What are the differences and connections between rural collective land ownership, rural collective construction land use rights and homestead use rights?

1. Rural collective ownership means that the ownership of land belongs to the village collective or villager group.

2. Rural collective construction land use rights, also called homestead use rights, refer to the villagers’ use rights to non-agricultural land that can be used to build houses in rural areas.

3. Villagers only have the right to use the homestead but not ownership. The ownership still belongs to the village collective or villager group.

Article 2 of the "Land Management Law" The People's Republic of China implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people.

Article 8 Land in urban areas of cities belongs to the state.

Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private land, and private hills are collectively owned by farmers.

Article 10 If the land collectively owned by farmers is collectively owned by village farmers in accordance with the law, it shall be operated and managed by the village collective economic organization or the village committee; Those owned by rural collective economic organizations or villagers' groups in the village shall be operated and managed by the rural collective economic organizations or villagers' groups in the village; those that have been collectively owned by farmers in the township (town) shall be operated and managed by the rural collective economic organizations of the township (town). Legal procedures for the land management department to cancel rural collective land use rights certificates

1. Fill in the homestead cancellation application form

2. Copy of ID card and household registration

2. Sign an agreement to recover collective land with the village committee

4. Is the transfer of rural collective management rights legal and compliant with the original land use certificate without a collective land use certificate?

Transfer of rural collective management rights There is a set of procedures that you can go through.

For information on how to apply, you can consult the local township *** or agricultural bureau.

Definitely illegal.

In order to better improve and protect the land interests of rural residents, various regions are currently implementing land rights registration systems based on actual local conditions.

Is the permanent use right of rural collective land contract valid?

Invalid, big, no bigger than the country, powerful, no more powerful than the law, the concept of permanence has no meaning. Can rural collective land be converted into industrial land use rights?

Article 44 of the Land Law: If the land occupied for construction involves the conversion of agricultural land into construction land, the approval procedures for agricultural land conversion must be completed. Can rural collective land management rights and homesteads be inherited as inheritance by daughters who marry outside the country?

Cannot be inherited: The ownership of rural land (including homesteads) belongs to the collective:

1 , land cannot be inherited, and members of collective economic organizations (farmers) only have the right to use it but not ownership;

2. The right to use land is not the personal property of the decedent during his lifetime and is not applicable to inheritance;

3. This has nothing to do with whether the person involved is married outside and whether his household registration is in the village.

1. The provisions of the "Land Management Law of the People's Republic of China":

Article 8 Land in urban areas belongs to the state.

Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homestead land, private land, and private hills are collectively owned by farmers.

2. The provisions of the "Succession Law of the People's Republic of China":

Article 3 inheritance is the legal personal property left by a citizen when he dies, including:

1. Citizens’ income;

2. Citizens’ houses, savings and daily necessities;

3. Citizens’ trees, livestock and poultry;

4. Citizens’ cultural relics and books and materials;

5. Production means permitted by law to be owned by citizens;

6. Citizens’ property rights in copyrights and patents;

7. Other legal property of citizens.