Expand what change dimensions as town ceaselessly, rural land violates act " new pattern " emerge in endlessly, "In order to hire Dai Zheng " a kind be a model.
Do not lose a farmer! The country is violated tear open " in order to hire Dai Zheng " those things
What be in order to hire Dai Zheng?
Show avoid is agricultural the ground turns with examine and approve the superintendency of formalities and country to land natural resources, do sth without authorization will be agricultural the ground turns to use the land for construction, through hire farmer collective land undertakes agriculture is built is not, build the illegal purpose of the dimensions that use the land in order to achieve enlarge greatly.
Sign common expression form in order to hire era?
It is basic level government rents rural collective land directly;
2 it is collective land of country of relet of basic level government;
3 it is basic level government as land person of the intermediary that rent facilitates the behavior that lease the land;
4 it is the unit that use the land or individual direct with the village appoint countersign orders an agreement to rent land;
5 it is a village appoint of meeting hire farmer contract the ground starts blame farming construction;
6 it is villager proper motion rents oneself contract the ground.
In order to hire the distinction that Dai Zheng and land are on the move?
One, the property that land is on the move not to change land. That is to say before it is agricultural the ground, after be on the move, remain agricultural the ground. And it is a purpose in order to change land character in order to hire Dai Zheng.
2, land is on the move suffer letting just is to contract the economic organization that farmer perhaps is engaged in agriculture producing and individual, and letting with hiring what era asks for to suffer just is the principal part that estate develops an enterprise to wait not to have agriculture to produce management aptitude more.
3, land is on the move is the legal action that the country urges actively, and it is behavior of illicit of national explicit order in order to hire Dai Zheng.
What is endangered in order to hire Dai Zheng?
(1) land cannot paid exit. The farmer is resident after the city, want to undertake be exitinged in time to land, often discover land or rental condition however and cannot exit, bring about cannot enjoy paid the policy that exit.
(2) land rent is too low. Of this kind of land be on the move is to rely on government of village cadre, villages and towns to take the lead, the price that is on the move accordingly is not met too tall.
(3) counterpoise truly difficulty is great. This kinds of land had undertaken the construction of blame farming project, the country does not allow to undertake counterpoising truly to its, the farmer takes the certificate that is less than safeguard land.
(4) land is destroyed serious. Even if is rental just retreat hire, the farmer also cannot undertake agriculture is produced in time, land sufferred very big destruction because of blame farming construction, want answer agrarian need awaits period of time.
By " in order to hire Dai Zheng " , you this how does thought for the time being?
(2) view contract is invalid. Basis " contract law of People's Republic of China " fiftieth 2 (5) regulation, lawbreaking code is mandatory formulary contract is invalid. Farmer friends can advocate because of this " the contract that lease the land " invalid, want to return oneself land.
Epilogue:
To the farmer character, land is rental and OK collection hire, short-term inside than cultivate land be to one's profit. Actually " in order to hire Dai Zheng " the harm is great, damage farmer rights and interests extremely easily. Basis " land management method " regulation, it is a name in order to rent, collect the fact that takes land all right " in order to hire Dai Zheng " break the law completely, its " the contract that rent " do not get legal protection, add a farmer to be planted here " the relation that rent " be in weak force originally, once happen to contradict or break the law,cover an area of behavior to be investigated, the refreshment that combines farmland itself sexual problem, farmer interest will be unconscious suffer lose. Accordingly broad farmer realizes those who sign is sign a contract in order to hire era, reason wants to refuse when should refusing, this is explicit sign land to be on the move should notice to differentiate when the contract, keep sober, lest fall " in order to hire Dai Zheng " in decoy, cause damage of corresponding rights and interests, want to be on the road that thought fors the time being finally even!
Add relevant law provision:
(one) " land management method " the 43rd regulation: "Any units and individual undertake building, need uses land, must apply for to use state-owned land lawfully; But, initiate town enterprise and villager construction residence use this collective economy to organize farmer collective via be being approved lawfully of all land, or countryside (town) public facilities and commonweal career build the village to use farmer collective via be being approved lawfully the except of all land. The state-owned land that fund place weighs to apply for to use lawfully before includes a country what all land and country collect is former belong to farmer collective all land. The state-owned land that fund place weighs to apply for to use lawfully before includes a country what all land and country collect is former belong to farmer collective all land..
(2) " rural land contracts law " the 18th the first regulation: "Keep the agricultural use of land, must not use Yu Fei farming to build without be being approved lawfully " .
(3) " the announcement that the State Council concerns an issue about strengthening land adjusting control " requirement, agricultural the ground turns to use the land for construction, must accord with land to use overall planning, city overall planning, village and market town program, use the ground to turn according to manage of deal with according to law with examine and approve formalities. Did not deal with lawfully agricultural the ground turns with examine and approve, want to investigate the legal duty of concerned personnel lawfully.
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