I. Land and Land System in China /2
1. What is land? /2
2. How is the land classified in China at present? /2
3. What land belongs to the country? /5
4. What land belongs to the collective? /5
5. Which department will handle disputes over land ownership or use right? /6
6. According to the overall land use planning, which cultivated land should be classified as basic farmland?
Protected areas, strict management? /6
7. What are the main contents of the land use control system in China? /7
8. What are the general principles of land use planning in China? /7
Two. Land expropriation system /7
9. What is land expropriation? What are the characteristics of land expropriation? /7
Case 1 Can the village committee transfer the collective land by itself? / 1 1
What is land expropriation? What are the characteristics of land expropriation? / 13
1 1. Is land expropriation the same as land expropriation? / 15
12. What laws have provisions on land expropriation in China? / 16
13. What are the main contents of the land expropriation system? / 17
14. What is a land acquisition dispute? / 18
15. What are the causes of land acquisition disputes? / 19
Three. Rights and obligations of parties involved in land expropriation /20
16. What powers does the land administrative department of the government have in land expropriation? /20
17. What are the obligations of government land administrative departments in land expropriation? /22
Case 2 The town government has no right to change the villagers' autonomy resolution /24
18. What rights do rural collective economic organizations have in the process of land acquisition? /26
19. What are the obligations of rural collective economic organizations in land expropriation? /27
Case III A Villagers' Group v. County People's Government /27
20. What rights do rural collective economic organizations have in land acquisition compensation? /29
2 1. What are the obligations of rural collective economic organizations in the allocation of land acquisition compensation? /30
22. What rights are given to landless farmers in the land acquisition procedure? /3 1
Case 4 homestead expropriation has not been announced and should be revoked /32
23. What are the obligations of villagers whose land has been expropriated? /35
Case 5: Non-local villagers demand equal treatment and allocate land compensation /36
Case 6 The resolution of the villagers' meeting does not violate the law and should not be revoked /38
Chapter II Land Requisition Procedures
1. How do Chinese laws and regulations stipulate the procedures for land acquisition? /42
2. What are the procedures for land acquisition according to law? /5 1
3. What procedures should be followed for requisition of special types of land? /54
4. How does the law stipulate the approval authority for land acquisition? /58
5. How is the land requisition approval procedure conducted? /59
6. What are the provisions of the law on land requisition announcement? /62
7. How should the information about land acquisition be made public? /64
Case 1 The announcement of land requisition is not standardized, and the court's judgment is re-announced /67.
8. What are the common behaviors that violate the statutory land acquisition procedures? /68
9. How to handle the examination and approval procedures for agricultural land conversion when agricultural land is expropriated? /70
10. What are the preliminary procedures before land requisition and approval? /7 1
1 1. What is the hearing system for land acquisition compensation and resettlement? /72
12. Can the villagers whose land has been expropriated attend the hearing on land expropriation compensation? /74
13. What is the hearing procedure of the land requisition compensation and resettlement hearing? /74
14. What conditions should the land administrative department meet in the process of land acquisition?
Inform the parties in writing that they have the right to request a hearing? /75
15. In the process of land acquisition, the land administrative department shall inform in writing after the hearing.
When was the application made? /75
16. How to prepare a written application for hearing? /75
17. under what circumstances did the land administrative department refuse to accept the application for hearing? /75
18. What are the irregular practices in the land requisition announcement? How to solve it? /76
19. How to determine the compensation standard for land acquisition projects left over from history? /78
20. Can eco-agricultural development projects acquire land through expropriation? /79
2 1. What should I do if the land unit has not been used for more than two years after land acquisition? /80
22. Can the collective land in the urban planning area be directly converted without expropriation?
State land? /80
23. How do land-expropriated farmers go through the registration procedures for land acquisition compensation? /8 1
Chapter III Compensation for Land Requisition
First, the legal basis for land acquisition compensation. /82
1. How does the law of our country stipulate the compensation for land expropriation? /82
2. What are the provisions of administrative regulations on land acquisition compensation? /84
3. What are the provisions of departmental regulations and judicial interpretations on land acquisition compensation? /9 1
4. How to stipulate the compensation for land expropriation in various places? /92
Second, the content and calculation standard of land requisition compensation /96
5. What are the compensation projects for land acquisition? /96
6. How to calculate the land compensation fee? /97
7. How to calculate the compensation fee for attachments and young crops on the ground? / 10 1
8. When should the compensation for ground attachments and young crops be determined? / 102
Three. Land requisition compensation object/103
9. What are the subjects of land requisition compensation? / 103
10. How to determine the qualifications of villagers? / 104
Case 1 land compensation dispute of relocated households/105
Case 2: Villagers who move into small towns should have their land contracting rights protected and can enjoy land expropriation compensation/107.
Case 3: Villagers with empty households cannot enjoy the same treatment as villagers/109
1 1. Can prisoners enjoy the right to distribute land compensation? / 1 10
Case 4 Prisoner's Land Compensation Dispute/1 12
12. Can married women and husbands get compensation for land acquisition? / 1 14
Case 5 The village committee's failure to make land compensation for the "married daughter" constitutes infringement/1 16.
Case 6: Li Caixia v Daren East Village Committee/1 18.
13. Do children with more children have the right to distribute compensation for land acquisition? / 12l
14. Can children adopted by farmers get compensation for land acquisition? / 12 1
15. Can newborns get compensation for land acquisition? / 122
Case 7 The village committee should pay land compensation to the legal representative of the minor/122.
16. Can migrant workers participate in the distribution of land acquisition compensation? / 124
17. After college students move out of the countryside, does the original household registration participate in the distribution of land acquisition compensation? / 124
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Chapter IV Land Requisition and Resettlement of Migrants
Chapter V Ways to Solve Land Acquisition Disputes
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