What are the provisions of land laws and regulations on land division?

Provisions and Interpretation of Laws and Regulations on Land Ownership in China

Article 8 of the Land Management Law

Land in urban areas belongs to the state.

Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

There are only two subjects of land ownership in China, namely, the state and the peasant collective. The Land Ownership Law, the Regulations for the Implementation of the Land Management Law and Several Provisions on Determining Land Ownership and Use Right have all made detailed provisions. When there is a dispute over land ownership, it can be handled with reference to Article 18 of the Provisions on Determining Land Ownership and Use Right. )

I. Relevant basis

1. Regulations for the Implementation of the Land Management Law (revised on 2011.08)

Article 2 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land was originally owned by their collectives;

(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

2. Several Provisions on Determining the Ownership and Use Right of Land (1March 19951[1995] Guo Tu [Ji] Zi No.26 No.20 10/revised on June 5438+February 3)

Chapter II State Land Ownership

Article 3 The land in the urban area of a city belongs to the state.

Article 4 According to the Land Reform Law of the People's Republic of China (1950) and relevant regulations, all the land not allocated to farmers at that time belongs to the state; 1962 the land that has not been included in the scope of farmers' collectives after the implementation of the revised draft regulations on the work of rural people's communes (hereinafter referred to as Article 60) belongs to the state.

Article 5 Land requisitioned for national construction belongs to the state.

Sixth development and utilization of state-owned land, developers enjoy the right to use the land according to law, land ownership still belongs to the state.

Article 7 State-owned railway lines, stations, freight yards and other railway land reserved according to law belong to the state. The original railway land allocated to farmers during the land reform and the land collectively owned by farmers on both sides of the new railway are collectively owned by farmers.

Article 8 Land used for highways at or above the county level (including the county level) belongs to the state. Protective land on both sides of the highway and other land on the highway, the land owned by farmers without expropriation is still owned by farmers collectively.

Article 9 The land for state-owned electric power and communication facilities belongs to the state. However, the state-owned power communication tower occupies the land collectively owned by farmers and has not gone through the collection procedures; The land still belongs to farmers' collectives, and it can be determined as a communication business unit with other rights.

Article 10 After liberation, the puppet Manchuria property received by the army and the military land requisitioned and allocated with the approval of the people's government belong to the state.

No. 1 1 The land inside and outside the embankment, as well as the land below the historical highest flood level or the design flood level of the river without embankment, are owned by the state, except that the ownership was distributed to farmers during the land reform, which was not expropriated by the state and was still used collectively by farmers.

Article 12 Land for water conservancy projects such as reservoirs and channels directly managed by water conservancy departments at or above the county level (including county level) shall be owned by the state. Farmers' collective land that has not been requisitioned within the scope of management and protection of water conservancy projects still belongs to farmers' collective ownership.

Article 13 After the land collectively owned by farmers is resettled and adjusted in the national construction, the original land collectively owned by the demolished farmers will be turned into state ownership. However, the ownership of the collectively owned land that the original collective continues to use after the immigration has not been expropriated by the state.

Article 14 If land is requisitioned for national construction, and the collective ownership of farmers is revoked or all their population is turned into non-agricultural population, the land that has not been requisitioned shall be owned by the state. The original peasant collectives and their members who continue to use the original land enjoy the right to use state-owned land.

Article 15 Where units under ownership by the whole people and units under collective ownership in cities and towns are merged into farmers' collective enterprises, the collectively-owned land used by the merged former farmers' collective enterprises shall be transferred to the state after going through the relevant formalities. Land used by township (town) enterprises in accordance with the examination and approval procedures and compensation standards for land requisition for national construction, which does not belong to the collective ownership of farmers in township (town) villages, shall be turned into state ownership.

Article 16 Before it was published in September, 60, the land collectively owned by the former peasants (including the individual land before the cooperation) used by units owned by the whole people, urban collective units and collective-owned overseas Chinese farms has not been collectively owned by the peasants, but belongs to the state.

From the promulgation of Article 60 to the promulgation of "Regulations on Land Requisition for National Construction" in May, 1982 The land collectively owned by the former peasants used by units owned by the whole people and units owned by urban collectives belongs to the state under any of the following circumstances:

1. Sign relevant agreements such as land transfer;

2. Approved by the people's government at or above the county level;

3. Compensating or resettling the labor force to some extent;

4. Accept collective gifts from farmers;

5. The original collectively owned buildings have been purchased;

6 farmers' collective ownership enterprises and institutions into ownership by the whole people or urban collective ownership units.

From the promulgation of1May 1982 "Regulations on Land Requisition for National Construction" to the implementation of1May 1987 "Land Management Law", if the peasant collective land used by units under ownership by the whole people and units under collective ownership by cities in violation of regulations is still used by units under ownership by the whole people and units under collective ownership by cities in accordance with relevant regulations, it is deemed to be owned by the state.

If the peasants' collective land outside the above circumstances has not gone through the land acquisition procedures, the local people's governments at or above the county level shall, according to the specific circumstances, go through the land acquisition procedures or return it to the peasants' collective at that time. 1987 collective land illegally occupied by farmers after the implementation of the land management law must be dealt with according to law before the land ownership can be determined.

Article 17 1986 Before the promulgation of the Notice of the Central Committee and the State Council on Strengthening Land Management to Stop the Unauthorized Occupation of Cultivated Land, units under ownership by the whole people and units under collective ownership in cities and towns rented land owned by farmers, and if they can resume farming after being treated in accordance with relevant regulations, they will be returned to farmers for collective farming, and the ownership will still be owned by farmers; If a permanent building has been built, the land-using unit shall go through the formalities in accordance with the regulations when leasing, and the land shall be owned by the state. In accordance with the relevant provisions, the ownership and use right can be determined according to the decision.

Article 18 Land ownership is disputed. If it cannot be proved that the disputed land belongs to farmers' collectives, it belongs to the state.

Chapter three? Collective land ownership

Article 19 The land distributed to farmers and issued with land certificates during land reform belongs to farmers collectively; Article 60 The land determined to be collectively owned in the implementation process belongs to the peasants collectively. Except those owned by the state in accordance with the provisions of Chapter II.

Twentieth village farmers collectively owned land ownership, according to the current actual use of collective land ownership boundaries to determine the village farmers.

According to the farmers' collective land ownership determined in Article 60, the collective land ownership is determined according to the changed status for the following reasons.

(a) due to changes in the management system and occasions of villages, teams and cooperatives, such as merger or division, the land ownership has changed;

(two) land adjustment due to land development, national land acquisition, collective enterprises or natural disasters;

(three) the boundaries of land ownership redrawn due to farmland capital construction and administrative division changes. Where the change of administrative divisions does not involve the change of land ownership, the original land ownership remains unchanged.

Article 2 1 If a peasant collective has continuously used land owned by other peasant collectives for 20 years, it shall be deemed as owned by the current user; If the land has been used continuously for less than 20 years, or if the owner proposes it to the current users or relevant departments before the expiration of 20 years, the people's government at or above the county level shall determine the land ownership according to the specific circumstances.

Twenty-second township (town) village in the collective land construction and management of roads, water conservancy facilities, respectively, belong to the township (town) village farmers collectively owned.

Article 23 The collective land used by township (town) or village-run enterprises and institutions before the promulgation of Article 60 of this Law shall be collectively owned by township (town) or village farmers respectively; 1982 the State Council "Regulations on the Management of Rural Construction Land" Article 60 Since the date of promulgation, any of the following circumstances belongs to the collective ownership of township (town) or village farmers:

Land use agreement signed by 1. (excluding lease);

2 by the county, township (commune), village (brigade) approval or consent, and appropriate adjustment of land or after some compensation;

3. Obtained through the purchase of houses;

4. The original system of collective enterprises and institutions has been changed upon approval.

From 1982, when the State Council promulgated the Regulations on the Management of Rural Construction Land to 1987, when the Land Management Law was implemented, the collective land used by township (town) and village-run enterprises and institutions in violation of the relevant provisions can be identified as township (town) and village after being checked and dealt with in accordance with the relevant provisions.

Township (town), village-run enterprises and institutions use collective land occupied by other means, or use the above methods, but the current land use is unreasonable, such as waste and idleness. , all or part of the land should be returned to the village or township farmers' collective, or handled according to relevant regulations. 1987 land illegally occupied after the implementation of the land management law shall be disposed of according to law before the ownership is determined.

Twenty-fourth township (town) enterprises to use the land collectively owned by the township (town) village, and in accordance with the provisions of compensation and resettlement, land ownership to the township (town) farmers collectively owned. Farmers' collective land used by township (town) and village public facilities and public welfare undertakings approved according to law belongs to township (town) and village farmers' collective ownership respectively.

Twenty-fifth according to the law, if the farmers' collective is approved to use the land use right as a condition for joint venture with other units or individuals, or the farmers' collective is approved to set up foreign-invested enterprises and inline township enterprises with the land use right owned by the collective according to law, the collective land ownership will remain unchanged.

3. Reply of the Supreme People's Court Administrative Court on how to determine the ownership of the land that farmers have used for a long time without obtaining the legal ownership certificate (1998.8 17 [1997] Hang ZiNo.17).

According to the basic spirit of the provisions of the Constitution and the Land Management Law on land ownership, land ownership is controversial, but it cannot be proved that land belongs to farmers' collective ownership according to law. Land ownership shall be determined in accordance with the provisions of Item (3) of Article 3 of the Regulations for the Implementation of the Land Management Law and with reference to the relevant provisions of the former State Bureau of Land Management to determine the ownership of land use rights.

In addition, considering the special situation that the disputed land in this case has been used by farmers for a long time, but the legal ownership certificate has not been obtained, it is suggested that your hospital make judicial suggestions to the government, that is, if the state uses the disputed land, it should give appropriate compensation according to the relevant state regulations on land expropriation.

Second, understanding and application

There are only two subjects of land ownership in China: one is the state and the other is the peasant collective. These two subjects can legally occupy all their own land, use and dispose of the land, and enjoy the benefits generated by the land.

[Can farmers buy and sell their own homesteads, private plots and private hills? ]

The fourth paragraph of Article 10 of China's Constitution and the third paragraph of Article 2 of the Land Administration Law explicitly prohibit any unit or individual from buying or selling land in any way. Although farmers can build houses on their own homesteads and use them for living, they can also operate on private plots and private hills, and the products will be owned by them personally, but farmers only enjoy the right to use the homestead, private plots and private hills, and do not enjoy ownership, because their ownership belongs to farmers collectively. Therefore, farmers are not allowed to buy and sell homesteads, private plots of land and private plots of mountains for their own use.

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[How to determine the ownership nature of the land that has been incorporated into the community? ]

According to the (Reply of the General Office of the Ministry of Land and Resources on the Issue of Confirming the Right by Joining the Community) (Land and Resources Letter [2002] No.437, February 3, 20021) and Article 21 of the revised Regulations on the Work of Rural People's Communes, all the land within the scope of the production team belongs to the production team, which has passed the land for joining the community and 65438.