Ground of rural ask forring tears open change in 5 kinds common violate the act that ask for the gro

Encounter when asking for the ground, person be expropriationed always asks how much imposing compensation standard should be, should how does ability raise compensation. And in division lawyer always can say not to talk about compensation problem first, talk mainly first however ask for the ground to tear open change lawful sex problem. Will tell commonly, below illegal condition, do not talk to go up collect compensation standard problem, because the standard of legal provision is,have the compensation level below the premise of legal procedures. If be to do not have legal procedures, it is the problem that can ask for the ground to tear open change, is not to collect the problem that how much compensates. So, ask for debit to break the law mediumly in the process that ask for the ground ask for the ground to tear open change what to state have after all?

"In order to hire Dai Zheng " it is to show do sth without authorization will be agricultural the ground turns to use the land for construction, every month is secured every year perhaps pay common people fixed rent, it is in recent years protruding violates new form one kind now. It is avoid legal character actually agricultural the ground turns use and land collects careful to approve, planning enlarge constructs the scale that use the land greatly besides the plan, escaped pay to be expended about duty at the same time, fulfill farmland to occupy filling balance law to define Wu. Current, the country fathers to supply land " gate " , and " in order to hire Dai Zheng " still exist however, it is a kind of common illegal form.

" the announcement that the State Council concerns an issue about strengthening land adjusting control " regulation, prohibit passing " in order to hire Dai Zheng " wait for means to use farmer collective all and agricultural the ground undertakes agriculture is built is not, a lunar month of 30 days of enlarge of do sth without authorization sets the scale that use the land. Did not deal with lawfully agricultural the ground turns with examine and approve, approval of national office working personnel is passed " in order to hire Dai Zheng " wait for means to cover an area of construction, belong to approve ground action illegally; Unit and individual do sth without authorization are passed " in order to hire Dai Zheng " wait for means to cover an area of construction, belong to cover an area of behavior illegally, want to investigate the legal duty of concerned personnel lawfully.

In the process that collects land, the area that the government collects land is larger, the possibility that wins approval mechanism approval is less also, difficulty also is met opposite bigger. Because this collects batch of article to acquire land smoothly, often can report the area that ask for the ground in imposing procedures when little newspaper, when after approval file comes down, ask for debit to sad again silence ground takes up more land.

This kind of project that ask for the ground has batch of article, but approve the content of article real however need is broad farmer of the ground that be asked for applies for information to make public well, again careful check and approve. In practice, a lot of cases are torn open is a big, and after making public ask for the ground to approve graph of article, red line to show however capture approved range so the area of 9 courtyards, this is another kind of when land breaks the law common expression form.

Here " batch " it is two meanings actually, it is agricultural the ground turns with examine and approve. " land management method " the 44th regulation, construction takes up land, involve agricultural the ground turns to use the land for construction, ought to deal with agricultural the ground turns with examine and approve formalities. 2 it is land collects careful to approve. " land management method " the 45th regulation, collect agricultural of the ground, ought to according to 44 formulary go ahead of the rest deals with Benfadi agricultural the ground turns with examine and approve. But start in time for each construction project, ought to abide by as far as possible right agricultural the ground turns the principle that used sanction and same to asking for the approval of the ground to be in government deal with. But the examination that is like two application limits of authority is different, ought to abide by ask for the ground to examine and approve authority " tall not low " criterion, will ask for the ground to examine and approve hand in deal with by the State Council.

That is to say, be in only got these two kinds to approve article hind, the ability that ask for the ground begins to enter executive phase. The give an official that ask for the ground was not gotten to begin to begin construction in practice cover an area of, forced releasing is asked for the circumstance of ground farmer building is not rarely seen, this is serious land undoubtedly illegal behavior behaves a form. Especially to a few " project of great the people's livelihood " , concerned branch " maintain a project " state of mind is serious, meet sometimes the existence of indulge land illegal fact, this also is the reason seat that this kind of phenomenon cannot get instantly be improved at all from beginning to end.

Law collected approval limits of authority to make strict provision to collective land, kind of different, area is different the government that has approval limits of authority is different also. " land management method " the 45th regulation, collect following land, by approval of the State Council: (one) basic farm; (2) the farmland beyond basic farm exceeds 35 hectare; (3) other land exceeds 70 hectare. But, in practice, impose the kind that often just takes break up the whole into parts, the same item that will exceed oneself to examine and approve attributive differentiates with the ground a lot of small, examine and approve apart, exceed one's authority approves the ground.

" the decision that the State Council reforms firm land to manage about deepening " (2) point out, agricultural the ground turns to examine and approve authority to be in the State Council and province, municipality, municipality directly under the Central Government with what collect with land people government, government of people of each province, municipality, municipality directly under the Central Government is not gotten lawbreaking the land of formulary transfer to a lower level with administrative regulations examines and approve authority. Forbidden avoid is legal examine and approve attributive, single construction the project is examined and approve with ground fractionation. "Tear open big make down " then avoid examines and approve attributive, this also is form of illegal expression of a kind of land.

According to provision of our country law, "Public interest " the exclusive and lawful condition that if land is collected,requires. But, this entirely reads aloud public interest special faintness, besides the general provision in constitution and land management method, our country law reads aloud to be limitted without what make clear again to this entirely. Accordingly, in practice, ask for debit not less to carry aleatoric explanation " public interest " the purpose that comes to ground of implementation ask forring. Always need to ask for the ground, with " public interest " for excuse. Investment of field of village of house of room of commodity of development business build, golf, pleasure ground, foreign trader, developing zone was become etc " public interest " need, public interest became the pronoun of economic interest.

5 kinds of afore-mentioned common land collect illegal behavior and won't let you discover directly, it is to be in the ground that be asked for normally farmer and below unwitting circumstance dark spend Chen Cang to try to carry out. If the villager is opposite,so heart of the relevant construction, project that ask for the ground puts doubt, or flat be faced with all sorts of forcing below the case that did not see any approval documents change, forced releasing, be about to pass application government information in time open, land breaks the law investigate wait for formal dimension authority.

Those who occupy road by force to be as long as 5 years " the most arrogant nail door " why to agree to move? Does nail door break the law?

Rural collective land is collected must want 9 paces program, be suspected of breaking the law otherwise! The farmer needs to know!

Avoid these 11 kinds to be covered an area of illegally, 6 kinds break the law cover an area of behavior, otherwise you can be become severe hit a target!

Is rural land on the move with collect distinction there is what? 4 kinds of illegal land are on the move, the farmer wants institutional identifying!