Integrated book catalogue for dealing with legal disputes over land acquisition and homestead

The first part is the legal basis for the settlement of disputes over land acquisition and homestead. Understand and apply the Law of People's Republic of China (PRC) on Land Expropriation, Homestead and Property Right (excerpt)

(March 2007 16)

Land Management Law of the People's Republic of China

(28 August 2004)

I. General provisions

Regulations of the People's Republic of China on the Implementation of Land Management Law

(1998 65438+February 27th)

Some provisions on determining the ownership and use right of land

(1995 March 1 1)

Notice of the State Council Municipality on Strengthening Land Regulation and Control

(3 August 20061)

The State Council's Decision on Deepening Reform and Strict Land Management

( 10, 2004, 2 1)

Organic Law of Villagers' Committees of the People's Republic of China (Excerpt)

(1998165438+1October 4th)

Notice of the General Office of the State Council on Strictly Implementing the Laws and Policies on Rural Collective Construction Land

(65438+30 February 2007)

The Supreme People's Court's Opinions on Providing Judicial Guarantee and Legal Services for Promoting Rural Reform and Development (Excerpt)

(65438+3 February 2008)

Applicable answer questions

1. How to determine the membership of rural collective economic organizations?

Second, land acquisition compensation and resettlement

(1) General provisions

Guiding Opinions of the Ministry of Land and Resources on Improving the Compensation and Resettlement System for Land Requisition

(165438+200413 October)

Notice of the Ministry of Land and Resources on Strengthening Land Requisition Management

(199965438+February 24th)

Notice of the Ministry of Land and Resources on Doing a Good Job in Land Requisition Compensation and Resettlement

(200 1 year 1 1 month16th)

Notice of the Ministry of Land and Resources on earnestly safeguarding the legitimate rights and interests of landless farmers

(July 2002 12)

Opinions of the Central Committee of the State Council on Strengthening the Construction of Agricultural Infrastructure to Further Promote Agricultural Development and Increase Farmers' Income (Excerpt)

(65438+3 February 20071)

Notice on adhering to the management according to law and regulations, saving and intensive land use and supporting the construction of new socialist countryside

(27 March 2006)

(2) Land acquisition procedures

Measures for the administration of examination and approval of construction land

(1March 2, 999)

Measures for the administration of examination and approval of occupation and requisition of forest land

(200 1 1.4)

Notice on further standardizing the examination and approval of construction land

(August 2002, 1)

Measures for announcement of land requisition

(200110122 October)

Notice on printing and distributing the Opinions on Improving the Approval of Agricultural Land Conversion and Land Expropriation

(165438+200412 October)

Notice of the Ministry of Land and Resources on Relevant Issues Concerning the Adjustment of Examination and Approval Methods for Urban Construction Land in the State Council

(65438+February 3, 20061)

Applicable answer questions

1. What are the procedures for land requisition?

2. What are the procedures for converting agricultural land into construction land?

3. What should be announced in the process of land acquisition?

4. Who has the right to put forward different opinions on the compensation and resettlement plan for land acquisition or ask the land administrative department for a hearing within what time?

5. If the land administrative department of the people's government of the city or county fails to announce the land requisition according to law, does the expropriated land have the right to refuse to register the land requisition compensation?

(3) Compensation and resettlement

Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the Ministry of Labor and Social Security on Doing a Good Job in Employment Training and Social Security for Landless Farmers

(April 2006 10)

Notice on Issues Related to Effectively Doing a Good Job in Social Security Work for Landless Farmers

(28 April 2007)

Notice on Formulating Unified Annual Output Value Standard for Land Requisition and Expropriating Regional Comprehensive Land Price

(23 July 2005)

Opinions on strengthening supervision and management guidance on land requisition compensation of rural collective economic organizations

(65438+2005124 October)

Reply of State Taxation Administration of The People's Republic of China on how to levy taxes on compensation fees paid by land-expropriated units to land contractors during land expropriation.

(1997 February 13)

Reply of the Supreme People's Court on the compensation and resettlement subsidies obtained by land acquisition being owned by the land acquisition unit.

(1995 65438+ 10/6)

Official Reply of the Supreme People's Court Administrative Tribunal on Issues Concerning Compensation for House Demolition after Rural Collective Land Expropriation

(10 2005 10/2)

Applicable answer questions

1. How to calculate the compensation fee for rural collective land?

2. How to calculate the compensation fee for ground attachments?

3. How to calculate the compensation for young crops?

4. When should the compensation for ground attachments and young crops be determined?

5. How long should the compensation for land acquisition be paid?

6. How to determine the compensation standard for forest land expropriation?

7. What are the special provisions for forestry land acquisition?

8. How to determine the qualifications of villagers?

9. The land of rural collective economic organizations is requisitioned, and who will the requisitioning unit pay the land compensation fee to?

10. How do rural collective economic organizations allocate land compensation fees?

1 1. Who will pay the compensation for young crops after land acquisition?

12. Can children adopted by farmers participate in the distribution of land acquisition compensation?

13. Can migrant workers participate in the distribution of land acquisition compensation?

14. After college students move out of the countryside, does the original household registration participate in the distribution of land acquisition compensation?

15. Do married women who have not moved out of their registered permanent residence have the right to participate in the distribution of land compensation fees of the original village collective economic organizations?

16. Do conscripts have the right to distribution in land acquisition compensation?

17. Do the children with extra children have the right to distribution in the land acquisition compensation?

18. Can the compensation for land acquisition obtained by one spouse be divided as the common property of the husband and wife?

19. After the contractor settled in a small town, the original contracted land was requisitioned. Is the original contractor entitled to compensation for land acquisition?

(4) Special land requisition compensation

Regulations on Land Requisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects

(7 July 2006)

The State Council's Opinions on Perfecting the Support Policies for the Resettlement of Large and Medium-sized Reservoirs in the Later Period

(May 2006 17)

Interim Measures for Land Requisition Compensation and Resettlement of South-to-North Water Transfer Project

(65438+2005127 October)

Third, the homestead

Opinions on Strengthening the Management of Rural Homestead

(165438+200412 October)

Notice of the State Council on Promoting Economical and Intensive Land Use (Excerpt)

(65438+200813 October)

Regulations on the administration of planning and construction of villages and market towns

(1June 29, 993)

Reply of the Ministry of Finance and State Taxation Administration of The People's Republic of China on the issue of farmland occupation tax for small town construction

(3 July 2003)

Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Certification of the Right to Use Homestead

(8 July 2008)

Applicable answer questions

1. How do rural residents get the right to use the homestead?

2. Can I get a reward for voluntarily vacating my homestead?

3. Should the use plan of the village homestead be discussed by the villagers' meeting?

4. Can't residents of this village apply for homestead?

The house built on the rural homestead is still intact. Do people who are not agricultural registered permanent residence residents or overseas Chinese still enjoy the right to use the original homestead?

6. How many homesteads can a rural villager own?

7. Is the area for villagers to apply for homestead unrestricted?

8. Can rural villagers apply for homestead after selling, renting or donating houses?

9. Can the homestead be inherited?

10. What problems should be paid attention to in the use of homestead?

1 1. Can the right to use the homestead be bought and sold?

12. Is it legal to resell the homestead for profit?

13. If the villagers die and the heirs are urban residents, can the village committee forcibly take back the homestead?

14. Can the right to use the homestead obtained by transferring, purchasing or inheriting the house be determined?

15. Can the right to use the homestead be rented?

16. Can the right to use the homestead be mortgaged?

17. Under what circumstances will the right to use the homestead be lost?

Fourth, dispute settlement and rights preservation.

People's Republic of China (PRC) Administrative Reconsideration Law

(1April 29, 999)

administrative procedure law of the people's republic of china

(1April 4, 989)

People's Republic of China (PRC) State Compensation Law

(1May 1994 12)

Provisions on letters and visits to land and resources

(65438+200614 October)

Provisions on administrative reconsideration of land and resources

(20065438+0 July 27th)

Provisions on hearing of land and resources

(65438+200419 October)

Measures for the investigation and punishment of illegal land cases

(199565438+February 18)

Measures for the investigation and handling of land ownership disputes

(65438+200313 October)

Violation of land management regulations

(9 May 2008)

Reply of the Supreme People's Court Research Office on whether the people's court accepts the disputes between villagers and villagers' committees over land compensation fees and resettlement subsidies.

The second part is a typical case of land acquisition and homestead.

The third part is an example of land requisition and homestead appeal documents.

Practical appendix

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