1. Rural contractors
Article 55 Members of rural collective economic organizations that have legally obtained the right to contracted management of rural land and engaged in household contracted management are rural contracted management households.
2. "Two Households" Debt Undertaking
Article 56 The debts of individual industrial and commercial households, if operated by individuals, shall be borne by personal property; Family business, with family property; If it is indistinguishable, it shall be borne by family property.
The debts of rural contractors shall be borne by the property of farmers engaged in rural land contract management; In fact, if it is run by some peasant members, it will be borne by the property of those members.
Second, the collective land clause in the real right series.
Real right is divided into five parts, namely, general rules, ownership, usufructuary right, security right and possession right. Among them, ownership, usufructuary right and security right all have 36 clauses directly related to collective land.
(A) the collective land clause in the classification of ownership
Ownership is divided into six chapters, from chapter 4 to chapter 9. Articles 243 and 244 in the fourth chapter and articles 250, 260, 26 1, 263 and 268 in the fifth chapter all directly relate to collective land. Seven items in the classification of ownership directly relate to collective land.
1. Expropriation and compensation of real estate such as collective land
Article 243rd Land owned by collectives, houses of organizations and individuals and other immovable property may be expropriated for the needs of public interests in accordance with the authority and procedures prescribed by law.
Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests.
Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person.
No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.
2. Protect cultivated land and prohibit illegal expropriation of collective land.
Article 244 The State applies special protection to cultivated land, strictly restricts the conversion of agricultural land into construction land, and controls the total amount of construction land. Collective-owned land shall not be expropriated in violation of the authority and procedures prescribed by law.
3. The scope of natural resources owned by the state
Article 250 Natural resources such as forests, mountains, grasslands, wasteland and beaches. Belong to the state, except those that are collectively owned by law.
4. The scope of collectively owned real estate and movable property
Article 260th collectively owned immovable property and movable property include:
(1) Land and forests, mountains, grasslands, wasteland and beaches collectively owned by the law;
(2) Collectively owned buildings, production facilities and irrigation and water conservancy facilities;
(3) Collectively owned educational, scientific, cultural, health and sports facilities;
(four) other real estate and movable property owned by the collective.
5. Major issues concerning the property collectively owned by farmers and collective decisions.
Article 261 The immovable property and movable property collectively owned by peasants belong to the collective members.
The following matters shall be decided by collective members in accordance with legal procedures:
(a) the land contract scheme and land contract to organizations or individuals outside the collective;
(two) the adjustment of contracted land between individual land contractual management rights holders;
(three) the use and distribution of land compensation fees;
(4) Changes in the property rights of collectively-funded enterprises and other matters;
(5) Other matters prescribed by law.
6. Ownership and rights of urban collective property
Article 263 The real estate and movable property owned by urban collectives shall enjoy the right of possession, use, profit and disposal by collectives in accordance with the provisions of laws and administrative regulations.
7. Rights of enterprise investors
Article 268 The state, collectives and individuals may establish a limited liability company, a joint stock limited company or other enterprises with capital contribution according to law. If the state, collective and private-owned real estate or chattel are invested in an enterprise, the investor shall enjoy the rights of asset income, major decision-making, selection of managers, and fulfill the corresponding obligations according to the agreement or investment proportion.
(B) the usufructuary right in the collective land clause
The usufructuary right is divided into six chapters, from chapter 10 to chapter 15. Chapter 10, general clause 324; chapter 1 1, land contractual management right, clauses 330 to 343; chapter 12, construction land use right, clause 36 1; chapter 13, homestead use right, clause 362 to. There are 27 articles in the Classification of Usufructural Rights that directly relate to collective land.
1. Rules for the use of state-owned and collective-owned natural resources
Article 324 Any organization or individual may possess, use and benefit from the natural resources owned by the state and used by the state and owned by the collective.
2. Rural land contract management system
Article 330th rural collective economic organizations implement a two-tier management system based on household contract management and combining unified management with separate management.
Cultivated land, forest land, grassland and other land used for agriculture owned by farmers collectively and the state shall be subject to the land contract management system according to law.
3. The content of land contractual management right
Article 331 The right holder of contracted management of land has the right to possess, use and profit from the cultivated land, forest land and grassland contracted by him according to law, and has the right to engage in agricultural production such as planting, forestry and animal husbandry.
4. Contract period of different land types
Article 332 The contracted period of cultivated land is thirty years. Grassland contract period is 30 to 50 years. The forest land contract period is 30 to 70 years.
Upon the expiration of the contract period specified in the preceding paragraph, the land contractual management right holder shall continue to contract in accordance with the legal provisions on rural land contracting.
5. Establishment of land contractual management right
Article 333 The right to contracted management of land shall be established when the contract for contracted management of land comes into effect.
The registration authority shall issue certificates such as land contractual management right certificate and forest right certificate to the land contractual management right holder, and make registration to confirm the land contractual management right.
6. Circulation of rural land contractual management right
Article 334 The holder of the right to contracted management of land has the right to exchange and transfer the right to contracted management of land according to law. Without legal approval, the contracted land shall not be used for non-agricultural construction.
7. Registration confrontation in the circulation of land contractual management rights
Article 335 Where the contractual management right of land is exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, you may not be able to fight well-intentioned third parties.
8. During the contract period, the principle of adjustment of contracted land is prohibited and special exceptions are made.
Article 336 The developer may not adjust the contracted land during the contract period.
Due to special circumstances such as serious damage to contracted land by natural disasters, it is necessary to appropriately adjust contracted farmland and grassland, which shall be handled in accordance with the laws and regulations on rural land contracting.
9. Owner's obligations during the contract period
Article 337 The developer may not take back the contracted land during the contract period. Where there are other provisions in the law, those provisions shall prevail.
10. Compensation principle for expropriation of contracted land
Article 338 Where the contracted land is expropriated, the land contractual management right holder has the right to obtain corresponding compensation in accordance with the provisions of Article 243rd of this Law.
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Article 339 The land contractual management right holder may independently decide to transfer the land management right to others by lease, shareholding or other means according to law.
12. The right of land management owners to own, use and benefit from land
Article 340th the land management right holder has the right to occupy rural land within the time limit stipulated in the contract, independently carry out agricultural production and operation, and obtain income.
13. Registration of land management rights with a circulation period of more than five years
Article 341 The land management right with a lease term of more than five years shall be established when the lease contract comes into effect. The parties may apply to the registration authority for the registration of land management rights; Without registration, you may not be able to fight well-intentioned third parties.
14. Transfer mode of rural land contracted by other means
Article 342 Where rural land is contracted by means of bidding, auction and public consultation, and the ownership certificate is obtained through registration according to law, the land management right may be transferred by means of lease, shareholding and mortgage according to law.
15. Reference for contracted management of state-owned agricultural land
Article 343rd The relevant provisions of this Part shall apply mutatis mutandis to the contracted management of agricultural land owned by the state.
16. Application of the law of collective land as construction land
Article 361 Where collectively-owned land is used as construction land, it shall be handled in accordance with the provisions of land management laws and regulations.
17. Contents of the right to use the homestead
Article 362 The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.
18. Legal application of homestead use right
Article 363 The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the Land Administration Law and relevant state regulations.
19. Redistribution after loss of homestead
Article 364 Where the homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Redistribute the villagers who lost their homestead according to law.
20. Change registration and cancellation registration of homestead use right
Article 365 Where the registered right to use the homestead is transferred or destroyed, the registration shall be changed or cancelled in time.
2 1. Determination of easement period
Article 377 The term of the easement shall be agreed upon by the parties. However, it shall not exceed the remaining period of usufructuary rights such as land contractual management right and construction land use right.
Rules on the establishment of usufructuary right on the land that enjoys or owns easement.
Article 378 Where the land owner enjoys or undertakes the easement, when the usufructuary right such as the right to contracted management of land and the right to use the homestead is established, the usufructuary right holder shall continue to enjoy or undertake the established easement.
Rules for the establishment of easements by landowners on land with established usufructuary rights.
Article 379 Where usufructuary rights such as land contractual management right, construction land use right and homestead use right have been established on the land, the land owner may not establish an easement without the consent of the usufructuary right holder.
24. Easement transfer rules
Article 380 An easement may not be transferred separately. Where the right to contracted management of land and the right to use construction land are transferred, the easement shall be transferred together, unless otherwise agreed in the contract.
25. Easements may not be mortgaged separately.
Article 381 An easement may not be mortgaged separately. If the right to operate the land and the right to use the construction land are mortgaged, the easement shall be transferred together when the mortgage is realized.
26. Effect of partial transfer of easement.
Article 382 When transferring the land to be transferred and the land contractual management right and construction land use right thereon, if the transfer part involves easement, the transferee shall also enjoy easement.
27. Impact of partial transfer of service stations
Article 383 When the contractual management right of the land and the right to use the construction land on the service site are transferred, if the transferred part involves an easement, the easement shall be legally binding on the transferee.
(3) Collective land clauses in the classification of security interests
Security interests are divided into four chapters, from chapter 16 to chapter 19. Articles 399 and 4 18 of the mortgage in Chapter 17 are directly related to collective land. There are two provisions in the classification of security interests that directly relate to collective land.
1. Property range prohibited from mortgage
Article 399 The following property shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.
2. Rules to be followed after the mortgage of collective land use right is realized.
Article 418 Where the right to use collectively-owned land is mortgaged according to law, after the mortgage is realized, the ownership and nature of land use shall not be changed without legal procedures.
Third, the collective land clause in the marriage and family series.
The first part of marriage and family * * * Chapter V, Article 79, Chapter IV, Article 1087 Divorce stipulates the disposal of the joint property of husband and wife at the time of divorce, which involves the issue of collective land.
Disposal of joint property of husband and wife in divorce.
Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Four, other parts of the collective land terms
Regarding collective land, there are also some other provisions in the general rules, property rights, marriage and family, such as the basic provisions in the general rules, some provisions in civil rights and some provisions in the general rules of property rights. Collective land may also involve issues such as contract, inheritance and tort liability. , and some provisions in the corresponding part can also be applied according to the specific situation.