The difference between the nature of state-owned and collective land

Different in nature, state-owned land belongs to the state and collective land belongs to farmers. State-owned land can be delivered by the Bureau of Land and Resources in various ways, but its land owner still belongs to the state. Collective land can be contracted by farmers or delivered by homestead. Its owner belongs to the rural collective. State-owned land can be circulated in the market, collective land can only be circulated within the collective, and the transfer fee is slightly lower, but it cannot be mortgaged. However, collective land can be transformed into state-owned land, which needs a series of processes.

State-owned land, that is, land owned by the state, such as land in urban areas and part of land in rural or suburban areas, has been requisitioned according to law and collected as state-owned land. Or the land requisitioned by the state according to law, or because all rural members have been transformed into urban residents, the land originally belonging to them will also become state-owned land. Partly because of immigration or natural disasters, farmers' original collective land has changed its nature and become state-owned land. According to the laws of our country, rural collective land belongs to rural collective land except homestead, woodland and private plots, which belong to collective land and belong to the state.

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

(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.

Legal basis:

Constitution of the people's Republic of China

Article 10

The land in the city belongs to the state. Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are also collectively owned. In order to meet the needs of public interests, the state may, in accordance with the law, expropriate or requisition land and make compensation. No organization or individual may occupy, trade or illegally transfer land in other forms. Land use rights can be transferred in accordance with the provisions of the law. All organizations and individuals that use land must make rational use of land.