Achieve formerly: Sai Yujia Piao watchs the young plant on March 22
Tips: Article dried food and nuts is full, the proposal is collected or look slowly after transmit oh ~
On March 9 morning, 2 times the conference holds National People's Congress of 13 whole nations press conference. This is " land of People's Republic of China contracts law " newest after revising first the government is unscrambled.
" land contracts law " from March 1, 2003 since become effective, already carried out nearly 16 years. As urban and rural program change and of land reform deepen, " land contracts law " lag and inadequacy also are exposed gradually come out. Develop to let law get used to a society better, national People's Congress decides -- undertake modification.
Modification amount is more, share 46 to change. Why should be that revised? After revising, have why to change? What is revised with personal interest count for much? And listen to us to slowly come.
PS. To allow authority more facilitating understanding revises a point, we can let a few eldest brother eldest sister of the village take us to look, their life will welcome what kind of change.
One
Formal divisional land " contract authority " and " right of administration "
Cultivate land of one's early years of Zhao eldest brother, change him to go now, those who miss handle head contract the ground turns to other to manage. But leaf through former " land contracts law " later, zhao eldest brother also was not cleared up, this appear repeatedly " land contracts right of administration " be the villager only after all " contract authority " , OK still and divisional for " does land contract authority " and " land right of administration " ?
Actually, this is former really " land contracts law " a bit of bewilderment letting a person.
Former " land contracts law " except made clear in the 47th " contract authority " it is divisional at " right of administration " outside a sole right, what did not undertake distinguishing to two kinds of rights all is use in the others clause " land contracts right of administration " state. But of rural land " contract authority " and " right of administration " it is two kinds of different rights actually. Specific and character:
Contract authority, it is to point to organize farmer as this collective economy (the family contracts means) or wait for other way to contract through talking things over invite public bidding, auction, publicly unfavorable adopt a family to contract of the rural land such as grave of channel of the barren mountain of means, barren, barren, desolate sands contract just (this collective economy group, but the citizen outside also can be being organized for this collective economy, legal person or other organization) , contract to place lawfully power of the access that land enjoys, earnings, right of right of administration be on the move authority, contracting the ground is collected, the commandeer, other right that corresponding compensatory right and law, code acquires to set when taking up.
Right of administration, it is to point to contract square or contract to just be on the move lawfully of this right suffer let square, power of the access that enjoys to managing land lawfully, earnings, right of right of administration be on the move again authority, contracting the ground is collected, the commandeer, other right that corresponding compensatory right and law, code acquires to set when taking up.
In short, contracting is member authority for authority in principle, its action is organizing basic economy origin of the member at ensuring rural collective economy; Right of administration is by contract the subclass right that authority depart gives, contract to just can choose to be enjoyed independently, also can be on the move to be used to someone else lawfully, gain the profit that be on the move thereby.
New " land contracts law " made clear land the 9th times when add newly to contract the depart of authority and right of administration, made clear right of administration to also can be on the move lawfully in the 10th after revising, and right of administration suffers make each square rights and interests same be protected by law.
2
The right of administration outside collective economy organization is on the move to assure with financing
This second " land contracts law " revise, the most important way unlocks land right of administration namely. Unlock, include to be on the move already get the natural person outside letting main body can be organized for collective economy or business, also include right of administration to divide outside be on the move, still can use as financing assures. In unlock while, right also relevant put on record the requirement undertook making clear.
(one) be on the move clearly land right of administration should put on record
Need more than 5 years to register when deadline just can defy well-meaning the 3rd person
Him Qian Dashu has piece contract the ground, want to be on the move to be managed to the Xiaosun of adjoining village. But Qian Dashu is not clear: Oneself are to need to make acoustical call with village face, still give Xiaosun to go directly?
Former " land contracts law " thirtieth is mixed 2 times thirtieth 4 although contract clearly to just can adopt different kind to undertake is on the move lawfully,land contracts right of administration, but contract without the requirement square at this point to hair bag square namely collective economy organization enters the village to put on record all right.
New " land contracts law " thirtieth tries 6 times to make clear to this: Contract to just adopt different kind to be on the move to other lawfully of land right of administration, need just puts on record to hair bag.
In the meantime, the 41st increased after revising, the right of administration that made clear more than 5 years of deadline is on the move contract antagonism is well-meaning the condition of the 3rd person is to register.
(2) suffer clearly let just be on the move 2 times land right of administration
Should obtain sell one's own things to just agree and put on record
Grandson eldest sister from obtained over there Qian Dashu contract the right of administration of the ground, but after was being planted for some time, want to go into town again worked, curiosity can be managed with be on the move this ground to someone else again.
Since Bencixiufa's gist is,unlock land right of administration be on the move, so allow land right of administration suffer it is very important to let just have the right that be on the move 2 times, the vigor that because such ability are complete,activation land right of administration is on the move.
Former " land contracts law " did not make a provision to this, new " land contracts law " increase the 46th, set clearly as long as via contracting square written agree, put on record to this collective economy organization, suffer let just can be on the move again land right of administration.
(3) unlock land right of administration to be on the move limits
Allow social capital to intervene
Li Zong runs company of a produce, want to undertake cultivating directly now, all fluctuation that pull current of get through produce connects swims link. But Li Zong does not know to serve as an enterprise whether those who use the village contract the ground undertakes agriculture is produced.
Normally for, compare a natural person, the fund reserve of the enterprise is enougher, management system is more perfect. If can give rural land right of administration,the enterprise is managed, natural more the value that is beneficial to play land.
New " land contracts law " increase the 45th, danger of zephyr of examine and verify of the qualification test that stipulates government of people of place of prefectural class above should build the social capital such as industrial and commercial enterprise to obtain land right of administration through be on the move clearly, project is on guard system, specific measure is in charge of a branch to set by country of agriculture of the State Council, forestry and careless original owner.
In short, land of intervening country of capital of long instead society manages here left system port. Of course, basis a regulation, besides as sell one's own things square contractor can be obtained be on the move pair of price of land right of administration, collective economy organization is OK also collection is right amount overhead expenses, kill two birds with one stone of it may be said.
(4) land right of administration besides be on the move freely lawfully
Still can use as financing assures
Week aunt wants to do bit of dicker, need borrows money first start. But week aunt does not have a car, curtilage the little room of base upper cover also cannot be worth how many money, remain only get an area that let from hand of Zhao eldest brother not small contract the right of administration of the ground, do not know to be able to deal with guaranty to have loan with this.
" People's Republic of China assures law " (the following abbreviation " assure law " ) thirtieth 4 the first (5) regulation, the land access of the moorland such as grave of channel of the barren mountain that guaranty person contracts lawfully and mortgages via sending a bag to just agree, barren, barren, desolate sands, can use as guaranty belongings. That is to say, " assure law " did not contract for the family the rural land that means contracts stays can use on mortage system interface. And former " land contracts law " also did not have any regulations at this point.
New " land contracts law " increase the 47th, no matter specific provision is to contract square, still obtain land right of administration through be on the move lawfully suffer let square, OK land right of administration assures to financial orgnaization financing. Just, the condition of both is different: Contract to just need to just put on record to hair bag only, and suffer let just want to just put on record to hair bag not only, still need to be passed beforehand contract square written agree. Of course, with " assure law " the 43rd provision to hypothec is same, assure with what land right of administration establishs matter right is established when contract become effective oneself, but do not get antagonism kindness without registering the 3rd person. And specific land financing assures method, still need the State Council to undertake refining formulary about the branch.
In short, right of administration of long instead land increased here to be able to use its as assure the system interface that content counterpoises.
3
To contracting the protection of land
Although unlock land right of administration,be meddlesome affection, but contract the risk that land is borne to let just be destroyed by right of administration also subsequently and come. In view of this kind of circumstance, new " land contracts law " gift respectively contract just to just be mixed as sell one's own things as hair bag the contract with square collective economy corresponding organization removes authority, contract for protection land provided strong support.
(one) just contract clearly for protection land is feasible make legal remove the case of authority
elder sister contracts his the ground was on the move Li Zong's company is managed, but did not think of Li Zong used inferior chemical fertilizer to make money, destroyed the soda acid of land evenly. elder sister is to feel distressed really, want to look for to call in now contract the method of the ground.
In reality, land use person takes earth to dig sand, turn farm of instead of level field, country the ground destroy badly contract the circumstance common occurance of ground agriculture productivity. Gift contract just to just check as sell one's own things land right of administration person the legal right of this kind of behavior, very necessary.
New " land contracts law " increased the 42nd, be like land right of administration clearly the agricultural utility of land of change of person do sth without authorization, abandon cast barren n cultivated land successive two years of above, cause to land be damaged badly or play havoc with land zoology environment or have action of other and serious violate a treaty, contract square but home remedy removes land right of administration is on the move contract.
(2) contracting clearly square idle contracts at protection when land
The Fang Youquan that send a package asks to stop right of administration to be on the move contract and claim for compensation
Li Zong's company was destroyed with inferior chemical fertilizer from suffer over there elder sister let contract the ground, but Li Zong is furtive compensate plum money of elder sister brushstroke. Plum elder sister thinks money is not little, cultivate land also is not caught to go into town however fully definitely after oneself look for a daughter how to enjoy old age, did not find out again then. But Zheng mayor sees no less than going to, after all the ground that this ground is the village, so after was being destroyed, plant whats are no good, thinking the village then can oneself receive the land.
Contract to perhaps just be met idle at what mention above exercise legal remove authority, cannot protect contract the ground. Right now, gift the right that as hair bag square collective economy organization checks this kind to behavior undertakes checking and use person claim for compensation to land, very important.
Former " land contracts law " set in the 60th only contracting to just give contract the ground is caused permanent when damaging, the Fang Youquan that send a package checks and claim for compensation, and after stipulating land right of administration is on the move, contract to just be opposite land right of administration relevant right of the person.
New " land contracts law " increased the 64th, make clear a regulation, the agricultural use that like land right of administration person do sth without authorization changes land, abandon cast barren n cultivated land successive two years of above, cause to land be damaged badly or play havoc with land zoology environment, contract to just do not remove inside reasonable time land right of administration is on the move of the contract, the Fang Youquan that send a package asks to stop land right of administration to be on the move contract. Land right of administration the harm that the person causes to land and land zoology environment ought to give compensation.
That is to say, revise here gifted hair bag just is contracting square idle contracts at protection the right of administration when land is on the move contract law removes to counterpoise and beg countervail to counterpoise surely.
4
Strengthen pair of land to contract the protection of authority and right of administration
Speak of rural land contract manage, do not confuse two issues, how is the relevant rights and interests that is a woman protected, 2 it is how the relevant rights and interests after the farmer goes into town is protected. Revise this " land contracts law " the regulation that had be makinged clear further to these two problems.
(one) the land that enhances pair of women contracts authority statute protection
Xiaowang sought a good person home recently, should marry go adjoining village. But Xiaowang hates to part with him in the home that contracts the rights and interests on the ground, do not know oneself got married reach number of households and total population from oneself village change after adjoining village, this part rights and interests still has safeguard.
In a lot of a rural area, get married female because be married other village or marry into the city zone, classics regular meeting is asked change gives number of households and total population, at the same time classics villager congress or decision of villager delegate conference lost former collective economy to organize membership, cannot enjoy land to contract then authority.
New " land contracts law " the 16th the 2nd express clearly, member of the family inside farmer lawfully equality is enjoyed contract each rights and interests of land, the 24th the first made clear land to contract at the same time card of right of administration or the certificate such as Lin Quan card ought to will have land to contract the whole family member of right of administration includes. Come so, get married no matter female registered permanent residence is to still be withheld in former village, already still turned to be married of the village marry door, can serve as the domestic member equality inside this farmer to enjoy contract authority.
(2) do not get clearly will exit land contract right of administration goes into town as farmer the premise condition of settle
Xiaofeng is old mug, renown school graduates, the work is great, income does not poor, want to receive then on parents arrives in the city enjoy a happy life. But once entered a town,parents is afraid of him, in the home so that ground with respect to most likely.
The child of other people of a lot of countries goes into town dozen go all out, after standing firm, the meeting is the settle in also bringing his family the city, resident. But come so, if be the town that ingoing establishs a division, turn to be not agricultural registered permanent residence, basis former " land contracts law " the 26th, with respect to need the family is handed in time contract the ground, can no more enjoy corresponding land to contract namely authority.
New " land contracts law " the 27th express clearly, national protection goes into town the land of farmer contracts right of administration. Must not contract in order to exit land right of administration goes into town as farmer the condition of settle. In the meantime, also was being made clear is family ingoing a wide place in the road or the town that establish a division no matter, as long as be " go into town settle " , so farmer can be handed in of one's own accord time contract the ground, make over inside collective economy organization, or be on the move lawfully right of administration, must hand in a hair to wrap no longer square.
5
Authority and right of administration contract to make over inside collective economy organization, crossing-over
Collective economy organization undertakes land contracts between in-house member the cession of right of administration, crossing-over is in former " land contracts law " in already had more perfect regulation, but this second revise had farther specific provision to two problems again.
(one) authority, right of administration contracts to make over inside collective economy organization freer
Zhao eldest brother wants to turn his the ground contracts to the Qian Dashu that is the same as a village manage, oneself earn a dot to make over cost to make a point other go. But Zhao eldest brother and Li Da elder brother do not know to be made over inside this kind of village is what to condition is restricted.
Former " land contracts law " organize the 41st times to collective economy inside land makes over to contract between different farmer the sell one's own things of right of administration square (contract formerly namely square) and suffer let square (namely new contract square) conditional limitation: Sell one's own things square must " the blame that has stability farming the profession perhaps has steady income source " , and suffer letting just ought to be " other the farmer that is engaged in agricultural production managing " .
New " land contracts law " thirtieth 4 take out these two limitation, make land is made over to contract between the villager that be the same as a village right of administration is more free with advantage.
(2) authority crossing-over contracts clearly to should put on record inside collective economy organization
Still be Zhao eldest brother and Qian Dashu, this two people just miss him right beside one contract the ground exchanges, but do not know to need not to need to make acoustical call with the village.
To the member inside organization of same collective economy, crossing-over contracts the ground is a kind of very common circumstance.
Former " land contracts law " the 40th although approve a member can crossing-over land contracts right of administration, but did not mention whether to need to put on record.
New " land contracts law " thirtieth tries 3 times to make clear to this: The member crossing-over land inside organization of same collective economy contracts right of administration, need just puts on record to hair bag.
6
Other and important fluctuant
(one) identity of the member that it is rural collective economy clearly to be organized for the first time installs system interface
Xiaowang is married the village adjoining before long, the husband died with respect to disaster of dispatch a vehicle. Xiaowang is in distress, also do not know oneself are married the ground of the village that after registered permanent residence falling inside the village, divides still is belonged to do not belong to oneself, can contract in order to continue.
"The member that group of rural collective economy is woven " in " land contracts law " in it is a very main idea. Have share of this a suit only, just can enjoy collective to the country land contract authority, undertake crossing-over, collective economy constituent interior is made over or be on the move then right of administration. But no matter be former " land contracts law " , or " committee of villager of People's Republic of China organizes a law " (the following abbreviation " village appoint can organize a law " ) , how to maintain portion of this a suit to make any provisions. Retrieve through relevant case also can discover, in judicatory practice, this one item is thought generally to belong to villager autonomy item by the court, do not have uniform cognizance standard. And because exist to be only in great quantities in reality,enjoy relevant welfare treatment and village of ingoing of registered permanent residence inside " hang for nothing door " , census register also is not the level that can determine share of this a suit.
New " land contracts law " increased the 69th, make clear a regulation, the principle of identity of the member that affirm rural collective economy is organized, program, set by law, code.
Regretful is, this second " village appoint meeting group texture " revise did not involve this one content. Final how will be this one problem solved through legislation, let our wait and see what happens.
(2) land contracts the arbitral adjudication that manages relevant dispute can appeal to directly no longer
Zhao eldest brother and money uncle signed an agreement, crossing-over contract the ground, also put on record to village collective, but from the back Qian Dashu home remedy goes back on his word, the deadline that did not agree to the contract wants those who answer his to contract with respect to have to the ground. Zhao eldest brother refuses to obey, said to sign a contract to be about to carry out. Then 2 people want to settle dispute, but knowing again is to had been sued directly, still look for relevant orgnaization to had arbitrated.
Former " land contracts law " fiftieth mix now " land contracts law " fiftieth set 5 times, because land contracts,manage those who produce issue, bilateral party can be solved through talking things over, also can ask villager committee, country (town) the mediation such as people government is solved. Party does not wish to talk things over, mediate or talk things over, mediation won'ts do, can contract to rural land arbitral orgnaization application is arbitral, also can sue to people court directly.
But former " land contracts law " fiftieth set 2 times at the same time, party contracts to rural land the arbitral adjudication disaffected of arbitral orgnaization, indrawn people court can rise 30 days to sue in the day that gets adjudication book. Exceed the time limit does not sue, adjudication book produces legal effectiveness namely. This actually with " People's Republic of China is arbitral law " (the following abbreviation " arbitral law " ) of the 9th the first section provision " decide outcome " principle existence conflict.
New " land contracts law " cancel former fiftieth 2. That is to say, land contracts once the arbitral adjudication that manages relevant dispute is made, produce legal effectiveness directly, can appeal to directly no longer. If bilateral party refuses to obey to this adjudication result, so the controversy with other type is same, ought to according to " arbitral law " fiftieth mix 8 times fiftieth 9 regulation, apply for cancel adjudication.
