1. Overview.
State-owned land and collectively-owned land are the two main forms of land ownership in China. State-owned land refers to land owned by the state and exercises ownership, while collectively-owned land refers to land owned by peasant collectives. There are obvious differences between these two forms of land ownership in terms of legal status, rights and obligations, use management, etc.
2. Nature of ownership.
1.State-owned land: The ownership of state-owned land belongs to the state, and the state grants it the right to occupy, use, benefit and dispose of it through law. The ownership of state-owned land is exercised by *** on behalf of the state, and is specifically managed by *** at all levels.
2.Collectively owned land: The ownership of collectively owned land belongs to the peasant collectives, including peasant collective economic organizations, villagers' committees, villagers' groups, etc. The ownership of collectively owned land shall be exercised by the representatives of the collective economic organization, subject to the resolution of the general meeting of all peasants or villagers.
3. Right of use and management.
1.State-owned land: The right to use state-owned land can be transferred, leased, mortgaged, etc. in accordance with the law, and the term of use is generally longer. The management of state-owned land is the responsibility of all levels, including planning, construction, management and supervision.
2.Collectively owned land: The right to use collectively owned land may be enjoyed by members of the collective economic organization, and may also be transferred, leased, mortgaged, etc. in accordance with the law. However, the transfer of the use right of collectively owned land shall be subject to the resolution of the general meeting of all farmers or the general assembly of villagers, and shall be approved by the people at or above the county level.
4. Expropriation and compensation.
1.State-owned land: When state-owned land needs to be requisitioned for national construction, certain compensation shall be given to the land-expropriated unit in accordance with relevant national regulations, including land compensation fees, resettlement subsidies, etc.
2.Collectively owned land: When collectively owned land needs to be expropriated for national construction, certain compensation shall be given to the land-expropriated farmers in accordance with relevant national regulations, including land compensation fees, resettlement subsidies, etc. At the same time, you will also need to pay other related expenses such as compensation for seedlings.
5. Legal Protection.
1.State-owned land: The state has a strong degree of protection for state-owned land, and the relevant laws and regulations are relatively perfect. Illegal occupation and destruction of state-owned land will be severely cracked down on in accordance with the law.
2.Collectively owned land: The state also has greater protection for collectively owned land, but the relevant laws and regulations are less complete than those for state-owned land. Illegal occupation and destruction of collectively-owned land will also be cracked down on in accordance with the law.
6. Summary. State-owned land and collectively-owned land are the two main forms of ownership of land in China, and there are obvious differences between them in terms of the nature of ownership, the right to use and the right to manage, expropriation and compensation. In practice, we should strictly abide by the provisions of relevant laws and regulations, protect the country's land resources, and safeguard the legitimate rights and interests of farmers.