After the land of rural collective economic organizations is expropriated, who can participate in the distribution?

In the rural collective distribution of land acquisition compensation, there will always be many contradictions because of the identity of some people, and even some places will go to court because of the distribution of compensation. Who can get compensation when rural collective distributes compensation for land acquisition?

First, after suburban women get married or divorced, their registered permanent residence will not move out.

Article 6 of the Rural Land Contract Law stipulates: "Women and men enjoy equal rights in rural land contract. Contracting shall protect women's legitimate rights and interests, and no organization or individual may deprive or infringe upon women's right to land contractual management. "

Article 35 stipulates: "During the contract period, the employer shall not unilaterally terminate the contract, force the contractor to give up or change the contracted management right of the land on the pretext that the minority is subordinate to the majority, take back the contracted land for bidding and contracting on the grounds of dividing the" grain field "and" responsibility field ",and take back the contracted land to pay off debts."

Article 2 of the Law on the Protection of Women's Rights and Interests stipulates: "Women enjoy equal rights with men in political, economic, cultural, social and family life. Achieving gender equality is the basic national policy of the country. The state takes necessary measures to gradually improve various systems for protecting women's rights and interests and eliminate all forms of discrimination against women. "

Article 32 stipulates: "Women enjoy equal rights with men in rural land contract management, income distribution of collective economic organizations, land acquisition or compensation fees, and the use of homestead."

Article 33 stipulates: "No organization or individual may infringe upon the rights and interests of women in rural collective economic organizations on the grounds that women are unmarried, married, divorced or widowed." Article 52 stipulates: "If a woman's legitimate rights and interests are infringed, she has the right to ask the relevant department to handle it according to law, or apply to an arbitration institution for arbitration according to law, or bring a lawsuit to a people's court."

Article 55 stipulates: "Whoever violates the provisions of this Law and infringes upon the rights and interests of women in rural collective economic organizations on the grounds of unmarried, married, divorced or widowed. , or married men have settled in the woman's place of residence, infringing on the rights and interests of boys and girls who are equal to the members of the local rural collective economic organizations, the Township People's Government shall mediate according to law; The victim may also apply to the rural land contract arbitration institution for arbitration according to law, or bring a lawsuit to the people's court, which shall accept it according to law. "

The Notice of the General Office of the State Council on Effectively Safeguarding the Rights and Interests of Rural Women in Land Contracting (Guo Ban Fa [20065438+0] No.9) stipulates: "Rural land contracting must adhere to the principle of equality between men and women and shall not discriminate against women. Rural women, whether married or not, should enjoy the same rights as male villagers with the same conditions. No organization or individual may deprive them of their legitimate land contracting rights, homestead use rights, income distribution rights of collective economic organizations and other related economic rights and interests in any form. "

There will be a problem here. If the woman's registered permanent residence is in her husband's family after marriage, is her village entitled to compensation for land acquisition? The answer is yes. When the compensation left by the collective economic organization whose land has been expropriated is distributed among the members of the husband's family's collective economic organization, the woman, as a member of the collective economic organization, should participate in the distribution, provided that the woman's land contracting right in the husband's family is retained.

Second, active servicemen and college students

Article 5 of the Rural Land Contract Law stipulates: "Members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations according to law. No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. "

Article 18 of the Regulations on Resettlement of Retired Soldiers stipulates: "If conscripts and noncommissioned officers who have served in active service for less than 12 years leave active service, the people's government will support them to choose their own jobs." Article 26 stipulates: "Rural land contracted by household contract before self-employed retired soldiers join the army shall not be illegally recovered or forcibly transferred during the contract period; Rural land contracted by non-family contracting methods such as bidding, auction and public consultation may be contracted by family members during the contract period; If the contracted rural land is expropriated, requisitioned or occupied according to law, it enjoys the same rights as other members of rural collective economic organizations. "

In terms of local policies, we can see that Article 6 of the Regulations on Rural Land Contract in Hebei Province stipulates: "If rural land is contracted by households, the following persons shall have the right to contract land: (1) The original household registration has not moved out of the collective economic organization, and they were members of the collective economic organization or their direct descendants before the implementation of the household contract responsibility system; (2) Persons who have moved into the collective economic organization from rural residents' household registration due to marriage or divorce and their children, and persons who have moved into the collective economic organization due to legal adoption; (three) according to the national immigration policy, moved to a collective economic organization; (4) Active duty conscripts, junior noncommissioned officers, students from colleges and universities whose household registration has moved out, and prisoners who meet the conditions in Items (1), (2) and (3); (5) Retired soldiers, college graduates, released prisoners or persons released from reeducation through labor who have settled in this collective economic organization in accordance with relevant state regulations; (6) Other persons who have the right to contract land by household contract as stipulated by laws and administrative regulations. "

III. Newborn Population and Household Registration Personnel

The Notice of the State Council on Approving the Opinions of the Ministry of Agriculture on Stabilizing and Perfecting Land contract relationship (Guo Fa [1995] No.7) stipulates that "increasing people without increasing land, reducing people without reducing land" is advocated during the contract period. In 2008, the Third Plenary Session of the Seventeenth Central Committee clearly stated that the existing rural land in contract relationship should be kept stable and unchanged for a long time. 20 13 The Third Plenary Session of the 18th CPC Central Committee once again stressed the need to stabilize the rural land in contract relationship and keep it unchanged for a long time. The Emergency Notice of the General Office of the State Council on Properly Resolving the Current Rural Land Contract Disputes (Guo Ban Power Generation [2004] No.21) stipulates: "For a few farmers who have not participated in the second round of contract extension and are now returning to their hometowns to request land contract, they should distinguish different situations and properly handle them through democratic consultation. Farmers whose household registration is still in rural areas should, in principle, agree to continue to participate in land contracting. Conditional, should be adjusted in a mobile way. If there is no floating land, it can be solved through land transfer. "

According to the above regulations, as a newborn or registered resident, under the policy of increasing people but not land, there is no way to obtain the right to distribute collective land, and there is no way to obtain it under the premise of land acquisition compensation.

Generally speaking, as long as your household registration is local, or you have the right to collective land contracting, you have the right to get compensation!