Rural homestead policy

Legal analysis: there are two situations in which non-peasant collective members use homestead. The first is that the government organizes farmers to build houses and use homesteads by implementing poverty alleviation and relocation, geological disaster prevention, new rural construction, resettlement and other projects. The second type is legally acquired by non-agricultural registered permanent residence residents (including urban residents and overseas Chinese) before 1999.

Legal basis: Legislative Law of People's Republic of China (PRC).

Article 65 the State Council formulates administrative regulations in accordance with the Constitution and laws.

An administrative regulation may stipulate the following matters:

(1) Matters requiring the formulation of administrative regulations in order to implement legal provisions; (two) the administrative functions and powers of the State Council as stipulated in Article 89 of the Constitution.

For matters that should be formulated by the National People's Congress and its Standing Committee, the State Council decided to formulate administrative regulations first according to the authorization of the National People's Congress and its Standing Committee. After practice, when the legislative conditions are ripe, the State Council should promptly submit it to the National People's Congress and its Standing Committee for legislation.

Article 73 Local regulations may stipulate the following matters:

(a) in order to implement the provisions of laws and administrative regulations, it is necessary to make specific provisions according to the actual situation of the administrative region (2) local affairs that need to formulate local regulations.

For matters other than those stipulated in Article 8 of this Law, where the state has not yet formulated laws or administrative regulations, provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may formulate local regulations in advance according to the specific conditions and actual needs of their respective regions. After the laws or administrative regulations formulated by the state come into effect, the provisions in local regulations that contradict the laws or administrative regulations are invalid, and the enacting organ shall amend or abolish them in time.

Cities and autonomous prefectures divided into districts shall formulate local regulations in accordance with the provisions of the first and second paragraphs of this article, which are limited to the matters specified in the second paragraph of Article 72 of this Law.

Formulate local laws and regulations, and generally do not repeat the provisions of the contents that have been clearly stipulated by the superior law.