Village collective recovery of forest land

Legal analysis: 1. The whole family of farmers moved into small towns to settle down and voluntarily returned the contracted land; 2. The contractor's family moved into the city divided into districts and became non-agricultural registered permanent residence, and the village collective could recover the contracted cultivated land and grassland. Note that woodland is not included. 3. The contracted land of farmers whose accounts have been cancelled according to law after serving their sentences. Note: Those who have served a short sentence and will be released in a year or two or even a few months should be given a way out, and their contracted land can be cultivated by relatives without adjustment. 4. When the contractor dies and the contracted family dies, the village collective is allowed to recover the cultivated land and grassland contracted by the family, so as to prevent the successor of the contractor who contracted the land from obtaining two contracted lands due to inheritance. 5. The contractor's farmers have lost their labor force and are unable to continue farming or managing the land, and I voluntarily give up the land contracting right; 6. The contractor arbitrarily changes the land use, or conducts destructive and predatory production and operation, which is ineffective after being discouraged by the employer; 7. Due to the needs of national construction, all the land contracted by the contractor has been requisitioned or approved for occupation according to law; 8 employees of state organs, enterprises and institutions, and obtained non-agricultural registered permanent residence; 9. The contractor has moved to other collective economic organizations to obtain membership and contracted land management rights; For example, if a rural woman gets married and her husband's family contracts to a married woman, the local village collective in the husband's family's contracted land has the right to recover it. 10. If the contractor abandons farming and wasteland for two consecutive years, the village collective may terminate the contract and recover the contracted land.

Legal basis: Land Administration Law of the People's Republic of China

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 originally owned by its members collectively;

(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.

Forty-eighth land acquisition should be given fair and reasonable compensation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

Land requisition shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops on time and in full according to law, and arrange social security fees for landless farmers.

The standards of land compensation and resettlement subsidies for requisitioning agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices in the region. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level and other factors, and be adjusted or re-published at least once every three years.

Compensation standards for expropriation of agricultural land, ground attachments and land other than young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. In accordance with the principle of compensation before relocation and improvement of living conditions, fair and reasonable compensation shall be given to rural villagers' houses, and the wishes of rural villagers shall be respected. Fair and reasonable compensation shall be given by rearranging housing sites, providing resettlement houses or monetary compensation, and compensation shall be paid for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and legitimate property rights and interests.

The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of landless peasants are mainly used for social insurance payment subsidies such as endowment insurance for eligible landless peasants. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the central government.