“Rural Land Contract Law of the People’s Republic of China Chapter II Section 1” Household contract to household


Record real social legal cases with pictures and texts, interpret the latest laws and regulations, discuss the legal problems encountered in real life!Please click and share to spread the positive energy of the rule of law society!Law of the People’s Republic of China on Rural Land Contracting (adopted at the 29th Session of the Standing Committee of the Ninth National People’s Congress on August 29, 2002 and amended for the first time in accordance with the Decision on Revising Some Laws adopted at the 10th Session of the Standing Committee of the eleventh National People’s Congress on August 27, 2009According to the Decision on Amending the Law of the People’s Republic of China on Rural Land Contracting adopted at the Seventh Session of the Standing Committee of the 13th National People’s Congress as amended for the second time on December 29, 2018)If land collectively owned by peasants is owned collectively by peasants of a village according to law, the village collective economic organizations or villagers’ committees shall issue the contract; if land collectively owned by peasants has been respectively owned by two or more rural collective economic organizations of a village, the respective rural collective economic organizations or villagers’ groups shall issue the contract.If a village collective economic organization or villagers committee issues a contract, it shall not change the ownership of land collectively owned by peasants of the village collective economic organization.Rural land owned by the state and used collectively by farmers according to law shall be contracted out by the rural collective economic organizations, villagers committees or villagers groups that use the land.(1) land collectively owned by peasants, belong to collectively owned by peasants, in accordance with the contracted out by the village collective economic organizations or villagers’ committee. The “village” here refers to the administrative villages, namely the establishment of the villagers committee village, not a natural villages. Land collectively owned by peasants, in accordance with the law shall be owned collectively by the mean belongs to administrative villages collectively owned by peasants.Land collectively owned by peasants shall be contracted out by village collective economic organizations or villagers’ committees. (2) If it has been separately owned by two or more peasants’ collective economic organizations in a village, each such rural collective economic organization or villagers’ group shall be contracted out.The villagers’ group here refers to the organization composed of villagers in the administrative village, which is an organizational form within the villagers’ self-governing community, equivalent to the level of the original production team.According to the provisions of this Article, “land already collectively owned by the peasants of two or more rural collective economic organizations in a village” means that the land originally belonged to two or more production teams, but now the land is still collectively owned by the peasants of the rural collective economic organizations or villagers’ groups equivalent to the original production teams.If the land has been collectively owned by two or more rural economic collectives in a village, the contract shall be issued by the respective rural economic collectives or villagers’ groups in the village.The “village of land collectively owned by the collective economic organization of farmers”, refers to the aforementioned “village has been respectively under two or more of the rural collective economic organizations collectively owned by peasants’ land. According to the principle of whoever all contract, shall be paid by the village the rural collective economic organizations or villagers group contract.However, many villager groups do not have the conditions to issue the contract, or it is not convenient for them to issue the contract, so in practice, the village collective economic organization or villager committee issues the contract on behalf of them. Although the village collective economic organization or villager committee issues the contract on behalf of them, the ownership relationship cannot be changed.The state according to law by the farmers to use the rural collective land, by the rural collective economic organizations, villagers’ committee or villagers group contract. Specific contract by who, the land shall, according to the specific use of the case may be. Shall be owned collectively by the use of, contracted out by the village collective economic organizations, village collective economic organizations did not set up, contracted out by the villagers’ committee.By two or more collective economic organizations of farmers’ collective village, the village’s collective economic organizations, contracting out the village’s collective economic organizations shall not set up, by the contract of the groups. Each village collective economic organizations or villagers group contract with difficult or inconvenient, can also be contracted out by the village collective economic organizations or villagers’ committee on behalf of. Paragraph 1 of article 14:The employer enjoys the following rights:(1) contracting out rural land owned by collectives or owned by the state for use by collectives according to law; (2) supervising contractors to rationally utilize and protect the land according to the purposes agreed upon in the contract; (3) stopping contractors from damaging the contracted land and agricultural resources; and (4) other rights as prescribed by laws and administrative rules and regulations.(1) The right to contract out the rural land owned by the collective or owned by the state legally used by the collective, which is the right of the employer to contract and the premise for enjoying other rights.(2) Supervising the contractors’ right to rationally utilize and protect the land according to the purposes agreed in the contract.(3) to stop the contractor prejudice the right of contracted land and agricultural resources. (4) the laws, administrative rules and regulations of other rights. This is a out rules. For example, in paragraph (2) of article 45 of this law, “industrial and commercial enterprises, such as social capital through the circulation of land management rights, the collective economic organization can be a moderate amount of management fee.” in paragraph 1 of article 15:The employer undertakes the following obligations:(1) to maintain the contracted land-use right of the contractor and not illegally alter or rescind the contract; (2) to respect the contractor’s autonomy in production and operation and not interfere with the contractor’s normal production and operation activities according to law; (3) to provide the contractor with production, technology and information services in accordance with the contract;(4) to implement the general plans for the use of land at the county, township (town) level and organize the construction of agricultural infrastructure within their own collective economic organizations;The Appeal case of the Dispute between the People’s Government of A City and Fu (Hainan High People’s Court [2006] Qiongxing Zhongzi No. 066) concerning the cancellation of land contract Operation certificateThe contracted management right of land is a long-term and guaranteed system of land use right granted to farmers by China’s current land management system. To maintain this system, neither should it damage the premise of collective ownership of land, nor force contractors to give up or change the contracted management right by any excuse or reason.In this case, the village committee of a village and Fu xx signed the Contract of Wasteland Contract on April 12, 1997, and the people’s government of a city, the appellant, confirmed the rights of the disputed land to the villagers group subordinate to the village committee on February 11, 2003. In the seven years, none of the villagers groups raised objections to the contract.The contract shall have legal effect on both parties before it is actually performed and terminated according to law. For the provisions, please refer to paragraph 1 of Article 16 of The Property Law of the People’s Republic of China, Article 130 and 131: The contractor of household contract is the peasant household of the collective economic organization.The family members of rural households enjoy equal rights and interests of the contracted land in accordance with the law.First, each member of the rural collective economic organization has the right to the contracted land, household contract, by everyone has contracted land allocation, according to the door of a production and business operation entities as contractor. Second, emphasize the contractor is the collective economic organizations of farmers mainly for rural collective land, grassland and forest land is suitable for household contract of land contracting.According to the provisions of Chapter III of this Law, rural land such as barren hills, barren ditches and barren beaches, which should not be contracted by the household contract method, may be contracted to peasant households through bidding, auction or open consultation, as well as to units or individuals from outside their own collective economic organizations.Guidelines for Typical Cases: Li Weixiang v. Li Germei inheritance Dispute (Bulletin of the Supreme People’s Court, No.12, 2009)According to the rural land contracting law “the provisions of article 15 of the rural household land contract, the contractor is the collective economic organizations of farmers, its essential character is the collective economic organizations within the peasant household family as the unit of rural land contracting management. Family contract way to the contracted management of rural land belongs to the household, and does not belong to a member of a family.According to article 3 of the Inheritance Law, inheritance is the legal property left by a citizen when he dies. The contracted management rights of rural land are not personal property, so there is no inheritance problem.In the case of household contract except forestland, when one or several members of the peasant household who contracts farmland die, the contracted land is still contracted by other family members of the peasant household.When all members of the household contract management, death due to obtain the right to the contracted management of land is based on the members of the collective rights, the right to the contracted management of land to kill, not run by the peasant household family heir to continue the contract, can’t even handle as the peasant household family heritage. Paragraph 1 of article 17: the contractor shall enjoy the following rights:(a) in accordance with the law shall have the right to contracted land use, income, have the right to autonomy organization of production and business operation and disposal of products; (2) in accordance with the exchange, transfer of right to the contracted management of land; (3) the circulation of land management in accordance with the law; (4) contracts are levied in accordance with the law, requisition, occupy, shall have the right to get the corresponding compensation according to law; (5) the laws, administrative rules and regulations of other rights.Understanding and Application According to the provisions of this Article, the contractor shall enjoy the following rights: 1. The contractor shall have the right to use and profit from the contracted land according to law and the right to independently organize the production, operation and disposal of products, which shall mainly include the following contents:(1) in accordance with the law shall have the right to use. To the contracted land for the use of the land contract not only show the traditional farming, planting, etc., for agricultural production and construction of the necessary ancillary facilities, such as building canals, to build Wells, such as structure, should also is a kind of contracted land use. The building of the ownership of the affiliated facilities shall be owned by the contractor.(2) to obtain the right to contracted land income in accordance with the law. Usufruct is the contractor has the right to take the contract on the ground of yield, which mainly from the contract on the ground in the planting of crops and breeding animal husbandry is the interests, such as the fruit of fruit trees, grain output in the food. (3) the autonomous organization of production and business operation and disposal of the product.Autonomous organization of production and operation means that farmers can decide how to conduct production and operation on the land within the scope prescribed by law, such as choosing planting time and varieties, etc.; the right of product disposal means that farmers can freely decide whether to sell their agricultural products, how to sell them, and to whom, etc.After contracting the land, the contractor may exercise the contracted management right to operate the land by himself or exchange or transfer the contracted land according to law.”Separation of division” is the core issue of reform of household contract of ChengBaoHu change in the management way, namely run by farmers themselves, into reserves the right to contract land, will be contracted land circulation to others operation, realize the separation of the right to the contracted management of land and land management. 4. The contract be levied in accordance with the law, requisition, occupancy, shall have the right to get the corresponding compensation according to law.Expropriation of land is a system in which the state transforms collectively-owned land into state-owned land in order to meet the needs of public interests.According to “property law” the 42nd the 2nd regulation, a collective all land, shall pay the land compensation fees and resettlement fees in full in accordance with the law, compensation for ground attachments and green crops on the land, such as cost, arrangement of landless peasants social security costs, protect the landless farmers life, safeguard the legitimate rights and interests of landless peasants.Requisition are the property of national compulsory use of units and individuals. For requisition, according to “property law” the 44th regulation, due to the need of emergency rescue, relief and other emergency, the limits of their authority as prescribed by law and the procedure can use the realty or chattel by entities and individuals. The realty or chattel is requisitioned after use, shall return the expropriation.Units and individuals of the realty or chattel is requisitioned or damaged or lost after being used, compensation shall be made. Use construction residence refers to the establishment of township and village enterprises and the villagers by the approved the use of the collective economic organizations in accordance with the law of land collectively owned by peasants township (town) or village public facilities and public welfare construction approval in accordance with law the behavior of the use of land collectively owned by peasants.For the provisions, see section 125 of the Property Act; Section 31-42, section 18 (1) of the Land Management Act: The contractor undertakes the following obligations:(1) to maintain the land for agricultural use and shall not be used for non-agricultural construction without legal approval; (2) to protect and rationally use the land according to law and not cause permanent damage to the land; and (3) other obligations as prescribed by laws and administrative regulations.(1) to maintain the agricultural use of land, without approval shall not be used for non-agricultural construction. “agriculture” here refers to the use of the land used for agricultural production directly, for farming, forestry, animal husbandry and fishery production. “non-agricultural construction” refers to the use of land for agricultural production purposes outside of construction activities, such as the houses built on the land and build factories, etc.Is need to emphasize that require the contractor to maintain the business purposes of the land, and shall not be used for non-agricultural construction, not unreasonable restrictions for the contractor to the contracted management of land. The contractor within the scope of the agricultural use is free to decide what kind of, what kind of, if the contractor can grow vegetables on the contracted land, food, can also be other economic crops.(2) The land shall be protected and rationally utilized in accordance with the law and shall not cause permanent damage to the land.Rational use of land refers to the use of land by the contractor in the process of land use, through scientific use of land, make the use of land adapt to its natural and social characteristics, give full play to the role of land factors in production activities, so as to obtain the best economic, production and ecological comprehensive benefits.In particular, to protect arable land, protect land ecological environment, improving land use efficiency, prevent water loss and soil erosion and salinity. “permanent damage” is letting the land no longer has the production capacity, can no longer be using damage, such as excessive use of chemical fertilizer in the land or long-term pollution to land, the land cannot be used.For the provisions, see section 128 of the Property Law; section 37 of the Land Management Act

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