■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Change development as our country town, a large number of " the village in the city " , the village of urban periphery area by " the village changes house " , change of raw country villager is town dweller, belong to rural collective economy to organize all land to be turned to be directly formerly state-owned, bring about a large number of masses to appeal for help thereby, affected social harmony to stabilize. The author thinks: Through imposing a measure lawfully it is collective land turns the only way that is state-owned land, "The village changes house " the droit character that cannot change collective land naturally.
Understand correctly
" method of management of land of People's Republic of China carries out byelaw "
The 2nd (5) regulation
The 2nd (5) regulation
" method of management of land of People's Republic of China carries out byelaw " the 2nd regulation: ' following land belongs to the whole people all namely the country is all: . . . . . . (5) rural collective economy organizes full member to turn be town dweller, belong to its member collective formerly all land ' .
Belong to its member collective formerly all land ' ..
Basis of a few local government should set, use remove a village to build house, remove a village to change house way, wrong farmer collective all land transform directly for state-owned land.
" ministry of natural resources of office of legal system of the State Council, land about be opposite < method of management of land of People's Republic of China carries out byelaw > the 2nd (5) explanatory opinion " (2005 〕 of 〔 of national law case 36) point out, rural collective economy organizes full member to turn be town dweller, belong to its member collective formerly all land, belong to a country all, it is to point to " can collect lawfully for the country all " .
In October 2004, the State Council releases " the decision that about deepening reform firm land manages " specific provision, prohibit do sth without authorization is passed " the village changes house " wait for collective of means general farmer all land turn for the country all. December 2007, general office of the State Council releases " the announcement that builds the law that use the land and policy about carrying out concerned country collective strictly " also reiterated this one regulation. 2011, the country does release " about active and reliable the announcement that pushs reform of system of census register management " make clear further, prohibit borrowing census register government the system is reformed or do sth without authorization is passed " the village changes house " wait for means blame classics is legal collect a program to turn collective land for state-owned land.Have the limits of authority that according to law provides only
Carry out with the program collect
Ability is collective land change state-owned land
" constitution " the 10th mix the 3rd times " land management method " the 2nd all set the 4th times: "The national need for public interest, can execute to land lawfully collect or commandeer offers compensation " .
" 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. The money before collecting sets the land beyond, by approval of government of people of province, municipality, municipality directly under the Central Government, sign up for the State Council to put on record " .
According to afore-mentioned regulations, asking for the ground is the exclusive and legal approach that collective land change is state-owned land.
And, only the State Council and government office of provincial person civil administration just have authority approval to collect collective land, approval of government of prefectural class people removes a village to advocate house action, can't bring about collective land automatic change is state-owned land. That is to say, impose procedures through be approved lawfully and be being finished only, ability general " village " the collective land nationalization inside limits. Besides, such as is passed " the village changes house " be cannot turn collective land nature those who be state-owned land. Additional, the property that also cannot pass change farmer identity and organization of rural collective economy and the character that changes land ownership.
Accordingly, belong to farmer collective all land, the limits of authority that only according to law provides is carried out with the program collect, ability is collective land change state-owned land.
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