China's proposed revision of the law to promote the reform of rural land system

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China's proposed revision of the law to promote the reform of rural land system

2018-12-23 20:25:37 179 ℃

Xinhua News Agency, Beijing, December 23 (Reporter Wang Libin, Hu Wei) The draft amendments to the Land Administration Law and the Urban Real Estate Management Law were submitted to the Seventh Session of the Standing Committee of the National People's Congress on the 23rd to promote rural land. System reform is carried out in accordance with the law

The draft amendments to the Land Administration Law and the Urban Real Estate Management Law are based on the experience of piloting rural land acquisition, collective management construction land entry, and homestead system reform. They are mainly revised in three aspects. perfect.

First, narrow the scope of land acquisition, standardize land acquisition procedures, and improve the rational, standardized, and multi-guarantee mechanisms for land-expropriated farmers. It is worthy of great concern that the draft amendment deletes the provisions of the current Land Administration Law on the use of land for non-agricultural construction, which must use state-owned land or be consigned as state-owned original collective land. The peasant housing is no longer compensated as attachments on the ground, but is compensated fairly and reasonably as a special housing property right.

The second is to clarify the market entry conditions and management measures for collectively-operated construction land. The land use master plan is determined to be industrial, commercial and other operational purposes, and the collective construction land registered according to law allows the landowner to be handed over to the unit or individual through transfer, lease, etc.; The number of years, registration, etc. shall be implemented with reference to state-owned construction land of the same type.

The third is to improve the protection of housing rights and improve the housing management system. For areas with less per capita land and no one house and one house, the county-level people's government is allowed to take measures to respect the rural villagers' willingness to ensure the rural villagers realize the right to live in the house; Where the application for a house site is examined and approved by the township (town) people's government, but the occupation of agricultural land is involved, the examination and approval procedures for the conversion of agricultural land shall be handled in accordance with the law.

In order to make a good connection with the revision of the Land Administration Law and to clear the legal obstacles for the entry of collectively-operated construction land into the market, the draft amendments to the Urban Real Estate Management Law stipulate that the collectively-owned land in the urban planning area shall be legally After the levy is transferred to state-owned land, the right to use the state-owned land may be paid for, except as otherwise stipulated by law.