New Land Management Law of 2022

The overall land use planning refers to the overall arrangement of land use for administrative regions at all levels in the future (usually 15 years) according to the characteristics of land resources and the requirements of social and economic development. Full text of the Regulations for the Implementation of the Land Management Law (revised according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations, promulgated by People's Republic of China (PRC) Order No.256 on February 27th, 20 10, 1998, 1 1) Chapter I General Provisions Chapter II Ownership and Use Right of Land Article 2 The following land belongs to the whole people, namely. (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. Article 3 The State shall practise a system of land registration and certification according to law. Land ownership and land use rights registered according to law are protected by law, and no unit or individual may infringe upon them. The content of land registration and the style of land ownership certificate shall be uniformly stipulated by the land administrative department of the State Council. Land registration information can be publicly inquired. The confirmation of the ownership or use right of forest land and grassland, and the confirmation of the use right of water surface and beach culture shall be handled in accordance with the relevant provisions of the Forest Law, Grassland Law and Fisheries Law respectively. Article 4 For the land collectively owned by peasants, the landowner shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a certificate of collective land ownership, and confirm the ownership. If the land collectively owned by farmers is used for non-agricultural construction according to law, the land user shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a collective land use right certificate and confirm the right to use the construction land. The municipal people's government with districts may uniformly register the land collectively owned by farmers within the municipal area. Article 5 For state-owned land used by units and individuals according to law, the land user shall apply to the land administrative department of the people's government at or above the county level where the land is located, and the people's government at or above the county level shall register it, issue a certificate of state-owned land use right and confirm the right to use it. Among them, the registration and certification of state-owned land used by central state organs shall be the responsibility of the land administrative department of the State Council, and the specific registration and certification measures shall be formulated by the land administrative department of the State Council in conjunction with the the State Council Municipal Bureau of Organs Affairs and other relevant departments. State-owned land with undetermined right to use shall be registered by the people's governments at or above the county level and shall be responsible for the protection and management. Article 6 Where the ownership and use right of land are changed according to law, and the land use right is transferred according to law due to buildings, structures and other attachments on the ground, an application for land change registration must be submitted to the land administrative department of the people's government at or above the county level where the land is located, and the original land registration authority shall handle the registration of land ownership and use right change according to law. Changes in land ownership and use rights shall take effect from the date of registration of changes. To change the land use according to law, it is necessary to apply to the land administrative department of the people's government at or above the county level where the land is located with the approval document, and the original land registration authority shall handle the registration of change according to law. Seventh in accordance with the relevant provisions of the "land management law", the land use right of the land use unit is recovered, and the land registration is cancelled by the original land registration authority. If the land user fails to apply for renewal or the application for renewal is not approved, the original land registration authority shall cancel the land registration. Chapter III Overall Land Use Planning Article 8 The overall national land use planning shall be compiled by the land administrative department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.

Legal objectivity:

First, whether the new land management law has begun to implement the compensation standard for land acquisition, which is adjusted every two years. Last time it was 20 1 1, 12, 3 1 adjustment, 20 12, 1 implementation. 2012165438+128 October, the the State Council executive meeting discussed and passed the "Amendment to the Land Management Law of People's Republic of China (PRC) (Draft)", which revised the system of expropriation and compensation for land collectively owned by farmers. It is expected to be implemented on 20 13. Second, modify the content of land expropriation compensation standard 20 13 1, and the compensation cannot be implemented. The 30th meeting of the 11th the National People's Congress Standing Committee (NPCSC) held the first deliberation on the draft amendment to the Land Management Law, and deleted the content in Article 47 of the current law that compensation should be given according to the original use of the expropriated land, and the sum of land compensation fee and resettlement fee should not exceed 30 times of the average annual output value of the expropriated land in the first three years. The draft clearly stipulates that the expropriation of land collectively owned by farmers should follow the principles of legality, justice and openness, formulate strict procedures and give fair compensation. In terms of compensation content, the draft lists houses and ground attachments separately, and adds social security compensation, in addition to the land compensation fee, resettlement subsidy, young crops and ground attachments stipulated in the current Article 47. In terms of compensation implementation, the draft stipulates that "if the compensation funds are not implemented, the implementation of land acquisition shall not be approved. The initial consideration of land acquisition is to refine and strictly implement the land acquisition procedures in accordance with the principles and systems stipulated in the amendment, strengthen the constraints on the government's land acquisition behavior, and ensure the participation and discourse rights of land-expropriated farmers before the approval and implementation of land acquisition; Clarify the right of landless farmers to apply for administrative reconsideration or bring an administrative lawsuit, establish an administrative accountability system for illegal land acquisition by city and county governments, and effectively protect the legitimate rights and interests of farmers. 2. The revised draft deleted the upper limit of 30 times of compensation for land acquisition. The current compensation system for land expropriation is determined by the Land Management Law, and the most critical clause is Article 47. The draft deletes the content in Article 47 that the total amount of compensation, land compensation fee and resettlement subsidy shall not exceed 30 times of the average annual output value of the land in the first three years, and stipulates that fair compensation shall be given to the land collectively owned by farmers. 3. The draft adds the specific content of social compensation. On the basis of the land compensation fee, resettlement subsidy, young crops and attachments on the ground stipulated in the current Article 47, the draft lists houses and attachments on the ground separately, which increases the social security compensation. The draft focuses on ensuring the implementation of the principle of fair compensation and the implementation of the compensation system, and adds provisions for formulating strict procedures in accordance with the principles of legality, fairness and openness. The draft authorizes the State Council to formulate specific measures for land acquisition compensation and resettlement. 4. Definition of the Scope of Land Expropriation "Draft Amendment to the Land Management Law of People's Republic of China (PRC)" (hereinafter referred to as the "Draft Amendment") mainly revised Article 47 on land expropriation compensation, clarified the basic principles of fair compensation, increased the specific content of social security compensation, and added provisions on formulating strict land expropriation procedures according to the principles of legality, justice and openness. But beyond that, the definition of the scope of public interest, how to renew the 70-year use right of urban houses, whether collective land can enter the market, the stock of construction land, the land evaluation system, the rural land system and other important contents are not involved in the draft amendment to the Land Management Law. Experts believe that land expropriation compensation is important, but if the scope of land expropriation can be clearly defined, and land expropriation with public interests and non-public interests can be defined, then the government can not interfere with land prices, and farmers' ownership and use rights to land can be truly realized economically. The current Land Management Law defines the scope of land expropriation too broadly. In other words, all the land has been expropriated by the government and become state-owned whether for public interests or commercial purposes. In this way, it will inevitably infringe on farmers' land rights and interests to a great extent. According to the Constitution of People's Republic of China (PRC), the state can expropriate or requisition land and make compensation in accordance with the law for the needs of public interests. Article 10 of the Constitution also stipulates that urban land belongs to the state.