Rural land confirmation policy

Rural land ownership policy includes the following contents

1, about keeping the contractual relationship stable.

2. About the limitation period of registration.

3. Land contractual management right ownership dispute.

4. About the border dispute.

5. On the confirmation of members of collective economic organizations.

Detailed content

First, the issue of maintaining the stability of the contractual relationship.

The registration of rural land contractual management right should be based on perfecting the second round of rural land extension in 2004 according to law, maintaining the stability of land in contract relationship and strictly controlling the adjustment of farmers' contracted land. Land contractual management right has been transferred (such as adjustment, transfer, exchange, household division, merger, etc.). ) or losses (such as land expropriation and natural destruction, etc. ) according to the facts. To adjust the contracted land that meets the statutory conditions, the employer shall formulate an adjustment plan and report it to the township (town) people's government and the municipal ownership office for approval before adjustment.

Second, regarding the limitation period of registration.

The starting time of the land contract period of this confirmation registration is still based on the time when the second round of land extension is improved according to law. The starting time is 65438+February 3, 20041to 65438+February 3, 20281.

III. Disputes over the ownership of land contractual management rights

There is a dispute over the ownership of the land contractual management right, and the ownership of the contractual management right among farmers within the collective economic organization and the "four boundaries" are unclear. After the dispute is resolved, it is confirmed to register. If the boundaries of the "four areas" of cultivated land are disrupted due to the implementation of scale management and land consolidation in land circulation, it shall be handled in accordance with the principle of democratic consultation and respect for farmers' wishes, and the ownership can be confirmed by proportional distribution of the area recorded in the original business license or other effective ways, or by confirming the ownership by households.

Fourthly, on the issue of border disputes.

Disputes over land ownership between collective economic organizations shall be registered after the land department determines the land ownership.

Verb (abbreviation of verb) on the confirmation of members of collective economic organizations

Persons who meet one of the following conditions are members of this collective economic organization:

1, local residence, household registration in collective economic organizations;

2. Both parents or one of them is a member of a collective economic organization, and my household registration is in a collective economic organization;

3, due to legal marriage, adoption, household registration into a collective economic organization;

4. According to the national immigration policy, the household registration is moved to the collective economic organization;

5, the original household registration in the collective economic organizations of active duty conscripts, non-commissioned officers in accordance with the relevant provisions of the state, institutions of higher learning and secondary vocational and technical school students;

6, the original household registration in the collective economic organization is serving a sentence and other personnel whose personal freedom is restricted according to law.

Confirmation and determination of land use right and other rights is referred to as confirmation of rights. It is the content to determine the subordinate relationship between the ownership, use right and other rights of land (or a piece of land) within a certain range in accordance with the provisions of laws and policies.

The land ownership of each parcel must go through land registration procedures such as land registration application, cadastral survey, audit, registration and issuance of land certificates before it can be finally confirmed and determined. legal ground

Land Management Law of the People's Republic of China

Article 12

Laws and administrative regulations shall apply to the registration of movable property of land ownership and use right. No unit or individual may infringe upon the ownership and protection rights of land registered according to law.

Article 14

Disputes over land ownership and use rights shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the people's government. Disputes between units shall be handled by the people's governments at or above the county level; Disputes between individuals or between individuals and units shall be handled by people's governments at or above the county level. If a party refuses to accept the decision of the relevant people's government, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of decision. Before the dispute over land ownership and use right is settled, neither party may change the status quo of land use.

Article 63

The overall land use planning and urban and rural planning determine the collective operating construction land for industrial, commercial and other business purposes, which is registered according to law, and the land owner can transfer or lease it according to law. For the use of units or individuals, and shall sign a written contract, stating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties. The transfer or lease of collectively-operated construction land mentioned in the preceding paragraph shall be subject to the consent of more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the villagers' representatives. The right to use collectively-operated construction land obtained by means of transfer may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or unless the land owner signs a written contract with the land use right holder. Lease, assignment, transfer, exchange, contribution, gift and mortgage of collectively operated construction land, the right to use collective construction land and its maximum life shall be implemented with reference to state-owned construction land with similar uses. The specific measures shall be formulated by the State Council.