I retired from the company in 1997. My son and I exchanged our household registrations and returned to the countryside. Now the land has been expropriated and the village secretary said that I don’t h

I retired from the company in 1997. My son and I exchanged our household registrations and returned to the countryside. Now the land has been expropriated and the village secretary said that I don’t have land compensation.

Your situation may not be the same as yours. Let’s analyze it from the following situation:

1. Compensation fee for land acquisition: The land user unit shall pay land compensation fee and resettlement subsidy fee. , compensation fees for ground attachments and young crops.

2. Distribution of land expropriation fees: If all or part of the rural collectively owned land that has been contracted to each household is expropriated, the land compensation fee shall be paid to the farmers whose land is expropriated at a rate of not less than 80%. The rest was left to rural collective economic organizations. Among them, if all rural collective-owned land is expropriated and the organizational structure is cancelled, the land compensation fee shall be distributed to the land-expropriated farmers at a rate of not less than 80%. If the rural collective-owned land that has not been contracted to each household is expropriated in whole or in part, the land compensation fee shall be paid at a rate of no less than 80% evenly to the members of the collective economic organization who have the right to contract and operate the land according to law when the land acquisition compensation and resettlement plan is determined. , and the rest is left to rural collective economic organizations. Among them, if all rural collective-owned land has been expropriated and the organizational structure has been cancelled, the land compensation fees must be equally distributed to the members of the collective economic organization who have the land contract management rights according to law when the land expropriation compensation and resettlement plan is determined. The above is the distribution method of compensation fees for expropriation of rural collectively owned land, but the regulations are different in each place. If you are not a member of the collective economic organization, you may lose your rights in the distribution of land acquisition compensation.

3. Determination of membership of rural collective economic organizations:

(1) Principles for determination of membership of rural collective economic organizations:

1. Whether you have The permanent residence where the rural collective economic organization is located;

2. Whether you have been producing and living in the location of the rural collective economic organization for a long time;

3. Whether you use the land of the rural collective economic organization as your basic living security . Note: The above three criteria are not in a parallel relationship or a selective relationship. They must be comprehensively judged and analyzed based on the specific situation.

? (2) How to obtain membership in rural collective economic organizations:

1. Original acquisition: At birth, one or both parents have membership in the collective economic organization.

2. Acquisition of membership: Originally not a member of the collective economic organization, but later obtained membership of the collective economic organization based on certain legal relationships: ① Marriage ② Adoption ③ Policy-based migration. Due to national defense construction or other policy factors, people who migrate to the place where the collective economic organization is located for production and living and are registered as permanent residents in the place in accordance with the law should also obtain membership status of the local collective economic organization. (3) Special circumstances for determining membership qualifications of rural collective economic organizations:

1. Those who do not have permanent residence in the location of the rural collective economic organization but have membership status of rural collective economic organizations: Although such persons have lost their original rural The permanent residence in the place where the collective economic organization is located, but because it still relies on the rural land of the rural collective economic organization as its basic living security, it should retain its membership in the rural collective economic organization. The collective includes the following three categories:

①Students , specifically refers to the transfer of household registration into the school after being admitted to a college or technical secondary school, and the school will manage it uniformly in the form of a collective household registration. It should be noted that the reason why the school requires the household registration to be moved into the school's collective household registration is only for administrative management needs. , does not mean that they have obtained permanent residence in the location where the school is located. Students still rely on the rural land of the rural collective economic organization as their basic living security. Retaining their membership has positive significance for improving the quality of the rural population;

② Military service personnel . The "Regulations on the Placement of Retired Conscripts" and the "Interim Measures for the Placement of Non-commissioned Officers Retiring from Active Service" of the State Council and the Central Military Commission stipulate that for conscripts and junior non-commissioned officers who join the army in rural areas, they will be transferred to rural areas after demobilization. The government is not responsible for arranging work and settling urban household registration, so such personnel still need to With contracted land as their basic source of livelihood, retaining the membership of this category of personnel is of great significance to safeguarding national security and consolidating national defense.

③People serving two labor sentences. Although they have lost their personal freedom and even political rights due to illegal and criminal acts, their membership in collective economic organizations has not been lost. Although such persons have moved out of their permanent residence, the place where they moved to has not been borne by them to provide basic living security upon their return to society. They must retain their membership, actively accept reform, and avoid being forced to fall into crime again when they return to society. It plays an irreplaceable role in truly realizing the purpose of transformation.

2. Having a permanent residence in the location of the rural collective economic organization does not mean that you have membership in the rural collective economic organization, represented by those who have returned to their hometowns to retire. Although this type of person has moved their household registration to a rural area and is producing and living there, they enjoy the salary and various welfare benefits of retirees and have a source of basic living security. This type of person should not be recognized as a member of a rural collective economic organization.

(4) Determining the membership qualifications of collective economic organizations for "farmer married women". In practice, this type of issue is the most complicated.

Driven by economic interests, when members of relatively wealthy collective economic organizations marry into relatively poor collective economic organizations, they do not transfer their hukou registration even though they are already living and working in the place of marriage.

However, since they are separated from the production and life of the place where the original collective economic organization is located, it means that they no longer have a relatively stable collective production and living status with the members of the original collective economic organization. Determining that they have membership in the original collective economic organization will lead to the wealth brought by the single household registration standard. The abnormal expansion of the population of collective economic organizations increases the "negative pressure gap" between the population and resources in the region; in addition, based on the natural homogeneous attributes of collective economic organizations, the increase in the number of people who marry into the production and life of this collective economic organization Population has been considered as one of the important ways for the population growth of collective economic organizations since ancient times. It is also in line with the natural habits formed by history to determine membership of collective economic organizations based on the actual location of production and life.