The state practices a system of using state-owned land according to law.

The state practices a system of paid and restricted use of state-owned land according to law.

The state practices the system of paid use of state-owned land according to law. According to the relevant provisions of the Land Management Law, land belongs to the state, and the purpose of paid use of state-owned land is to strengthen land management, maintain socialist public ownership of land, protect and develop land resources, make rational use of land, and promote the sustainable development of social economy. There are exceptions to the paid use of state-owned land, except that the state allocates the right to use state-owned land within the scope prescribed by law.

I. Land ownership and land use right

1, land ownership and circulation restrictions

China implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people. In other words, China's land is owned by the state or the collective, and other subjects do not enjoy land ownership.

The following land belongs to the whole people, that is, the state, and the land ownership is exercised by the State Council on behalf of 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;

(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.

Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers. Collectively owned land is managed by village collective economic organizations or villagers' committees.

In China, it is forbidden to buy and sell land ownership, including state-owned land and collective land, and no unit or individual may occupy, buy or sell or illegally transfer land in other forms.

2. Land classification

Because different types of land policies are different, it is of great practical significance to sort out and understand land classification. According to China's land management law and the land classification standard of the Ministry of Land and Resources, China's land is divided into three first-level classifications, 15 second-level classifications and 7 1 3 third-level classifications according to the use, as follows.

(1) A classification of agricultural land: refers to the land directly used for agricultural production.

Agricultural land includes cultivated land, garden, woodland, grassland and other agricultural land. These include:

Cultivated land includes irrigated land, Wangtiantian, irrigated land, dry land and vegetable fields.

Gardens include orchards, mulberry gardens, tea gardens, rubber gardens and other gardens.

Forest land includes: sparse forest land, shrub land, sparse forest land, unformed afforestation land, small path land and nursery land.

Grassland includes: natural grassland, improved grassland and artificial grassland;

Other agricultural land includes: livestock and poultry breeding land, facility agricultural land, rural roads, pond water surface, breeding water surface, farmland water conservancy land, paddy field, grain dry land, etc.

(2) Grade I classified land for construction: refers to the land for buildings and structures.

Construction land includes eight secondary classifications: commercial service land, industrial and mining storage land, public facilities land, public construction land, residential land, traffic land, water conservancy facilities land and special land. These include:

Commercial service land includes: commercial land, financial insurance land, catering hotel land and other commercial service land.

Industrial and mining storage land includes: industrial land, mining land and storage land;

Public facilities land includes: public infrastructure land and landscape leisure land.

Public construction land includes: government organization land, education land, scientific research and design land, cultural and sports land, medical and health land and charity land.

Residential land includes: urban single residential land, urban mixed residential land, rural homestead and idle homestead.

Traffic land includes: railway land, highway land, civil airport land, port land, pipeline land and streets.

Land for water conservancy facilities includes: water surface of reservoir and land for hydraulic construction;

Special land includes: military facilities, embassies and consulates, religions, prisons and tombs.

(3) Unused land is classified as Grade I: refers to land other than agricultural land and construction land.

Unused land includes two secondary classifications: unused land and other land. These include:

Unused land includes: grassland, saline-alkali land, swamp, sandy land, bare land, bare rock gravel land and other unused land (such as alpine desert and tundra).

Other lands include rivers, lakes, reeds, beaches, glaciers and permanent snow.

3. Land use rights can be transferred according to law.

According to the theory of China's civil law and the provisions of the Property Law, ownership is the right of the owner to possess, use, benefit and dispose of his own real estate or movable property according to law. China's laws prohibit the transfer of land ownership, but allow the separation of land use rights and ownership and transfer according to law. According to the nature of land ownership, land use rights can be divided into two categories: state-owned land use rights and collective land use rights; According to land use, land is divided into construction land, agricultural land and unused land.

4, the right subject before the transfer of state-owned land use rights.

Collectively owned land is managed by village collective economic organizations or villagers' committees; Accordingly, the right to use collective land belongs to village collective economic organizations or villagers' committees before the transfer, and the subject of rights is relatively clear.

In the management of state-owned land use right, China adopts the authorization management system, so it is necessary to sort out the right subject and related basis.

(1) Article 2 of the Land Management Law stipulates: "People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people. Ownership by the whole people, that is, the ownership of state-owned land is exercised by the State Council on behalf of the state. " Article 5 stipulates: "The land administrative department of the State Council is responsible for the management and supervision of land throughout the country. The establishment and responsibilities of land administrative departments of local people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the State Council. "

(II) Article 6 of the Provisions on the Transfer of State-owned Land Use Rights by Agreement stipulates that "the administrative departments of land and resources of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of Article 5 of these Provisions, draw up the lowest price for the transfer by agreement, report it to the people's government at the same level for approval and promulgation, and it shall be implemented by the administrative departments of land and resources of the people's governments of cities and counties."

(III) Article 6 of the Provisions on the Transfer of the Right to Use State-owned Construction Land by Bidding, Auction and Listing stipulates: "The administrative departments of land and resources of the municipal and county people's governments shall, in accordance with the annual transfer plan, work out the transfer plan for the land to be transferred by bidding, auction and listing with the relevant departments such as urban planning, and after the approval of the municipal and county people's governments, the administrative departments of land and resources of the municipal and county people's governments shall organize the implementation."

According to the foregoing provisions, the right subject of state-owned land use right is the State Council; The State Council authorized the land administrative department to manage; At the same time, the land administrative departments of the State Council and the State Council authorize the land administrative departments of local people's governments to exercise the duties of the subject of rights on behalf of the state, which must be approved by the people's governments at the same level.

According to the above authorization, the State Council is the right subject of state-owned land use right; In reality, the State Council authorizes the central and local land administrative departments to exercise their main functions.

Second, the construction land

According to the introduction of land classification, construction land refers to the land for building buildings and structures, including commercial service land, industrial and mining storage land, public facilities land, public construction land, residential land, transportation land, water conservancy facilities land and special land. The land for production and operation of industrial enterprises usually belongs to industrial, mining and storage land in construction land.

1, except for three special cases, state-owned land must be used for construction land.

According to China's land management law, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; However, the establishment of township enterprises and villagers' use of land collectively owned by farmers of the collective economic organization is approved according to law, or the use of land collectively owned by farmers is approved according to law for the construction of public facilities and public welfare undertakings in townships (towns) and villages. In other words, in addition to township enterprises, villagers' houses and rural public welfare construction, other construction land can only apply for the use of state-owned land.

2, construction land involving agricultural land conversion, conversion approval procedures must be handled.

Where the land occupied by construction involves the conversion of agricultural land into construction land, the examination and approval procedures for the conversion of agricultural land shall be handled.

Roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and construction projects approved by the State Council, which need to occupy land and involve the conversion of agricultural land into construction land, shall be approved by the State Council.

Within the scope of construction land for cities, villages and market towns determined by the overall land use planning, if agricultural land is converted into construction land to implement the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, the land for specific construction projects can be approved by the municipal or county people's governments.

The occupation of land by construction projects other than the above two cases, involving the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

3, construction land must use rural land, land must be requisitioned according to law.

State-owned land used for construction according to law includes land owned by the state and land originally owned by farmers' collectives expropriated by the state.

Requisition of the following land shall be approved by the State Council:

(1) Basic farmland;

(2) More than 35 hectares of cultivated land other than basic farmland;

(3) More than 70 hectares of other land. Requisition of other land shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.

Where agricultural land is requisitioned, the approval for conversion of agricultural land shall be handled in advance according to law. Among them, the conversion of agricultural land is approved by the State Council, and the land acquisition approval procedures are handled at the same time, and the land acquisition approval is no longer handled separately; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition approval, they shall go through the formalities of land acquisition approval at the same time, and no longer go through the formalities of land acquisition approval separately. Beyond the scope of land acquisition approval, it shall be separately reported to the State Council for land acquisition approval.

legal ground

Land Administration Law of the People's Republic of China Article 2 People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people.

Ownership by the whole people, that is, land ownership owned by the state is exercised by the State Council on behalf of the state.

No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred according to law.

According to the needs of public interests, the state may expropriate or requisition land according to law and make compensation.

The state practices the system of paid use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by law.

Article 4 The State practices a land use control system.

The state formulates the overall land use planning, defines the land use, and divides the land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.

The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface. Construction land refers to the land for building buildings and structures, including urban and rural housing and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land and military facilities; Unused land refers to land other than agricultural land and construction land.

Units and individuals using land must use the land in strict accordance with the purposes determined in the overall land use planning.