Is the new demolition law applicable to rural land acquisition and demolition?

The new demolition law does not apply to rural land acquisition and demolition. The Demolition Law promulgated by Decree No.590 of the State Council is clearly defined as the Regulations on Expropriation and Compensation of Houses on State-owned Land, that is, it is defined as "on State-owned Land", while rural land is generally collective land, which is different from state-owned land in nature and generally cannot be transferred or traded.

The following land belongs to the land owned by the whole people, that is, the land owned by the state:

(1) Urban land.

(two) rural and suburban areas are expropriated, requisitioned and acquired as state-owned land 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 their land was originally owned by their members collectively.

(six) due to national migration, natural disasters and other reasons, farmers organized land migration, which was originally owned by the demolished farmers and no longer used.

The new demolition regulations are based on violent demolition, extreme confrontation and getting rich due to demolition ... In view of various problems in the process of "demolition", after more than two years of investigation, research and consultation, the Legislative Affairs Office of the State Council and the Ministry of Housing and Urban-Rural Development formulated the Regulations on the Expropriation and Compensation of Houses on State-owned Land (Draft for Comment), which is intended to replace the original Regulations on the Management of Urban Housing Demolition, and was issued on 2065438+20065438.

20 10 12 15 the State Council legislative affairs office published the regulations on expropriation and compensation of houses on state-owned land (second draft for public consultation) in full, and solicited public opinions on the legislation of new demolition regulations again. According to the opinion draft, to cancel the compulsory administrative demolition, the government must apply to the court for compulsory execution. The needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare and municipal utilities organized and implemented by the government.