On the issue of land acquisition, we often hear the term "rent instead of expropriation".It refers to the conversion of agricultural land into construction land without legal approval, and the non-agricultural construction by renting farmers' collective land. This behavior not only skips the statutory approval procedures for the conversion of agricultural land and land expropriation, expands the scale of construction land, but also evades the legal obligation of balancing relevant taxes and arable land occupation and compensation.
Zhang Hongjia, a lawyer from Beijing Chinese-funded law firm, reminds youIn essence, "rent-to-expropriation" is an illegal land expropriation model, which is a fact of exercising land expropriation under the cloak of leased land. In the process of urbanization, this phenomenon is becoming more and more common, resulting in the forced occupation or low-cost rent of farmers' farmland, which seriously infringes on their legitimate rights and interests. Therefore, we need to understand the routine of "renting instead of collecting" in order to better protect our rights and interests.
1. The land user directly signs an agreement with the village committee to lease the land. Under the guise of collective ownership of land, the village committee mobilizes the villagers to transfer or lease the land, and then signs an agreement with the user in the name of the village committee.
2. Grassroots ** directly leases rural collective land. In order to speed up economic construction and circumvent the restrictions on land use indicators, some places lease land in the name of ** for public welfare construction.
3. Grassroots level ** participate in the sublease of rural collective land. After leasing the land, the local ** subleases it to other units or individuals for the purpose of profit driving or revitalizing the land.
Fourth, the grassroots ** in the collective land leasing activities as an intermediary to facilitate the leasing of land. In order to promote GDP growth or the implementation of key projects, they illegally provide convenience to land-using units or individuals, act as intermediaries or guarantors, and cause losses to farmers.
5. Villagers lease their own contracted land. It is difficult to protect rights through law if a land-using unit or individual is aware that the land is rented for non-agricultural construction, and an illegal land lease agreement is signed for immediate benefits.
6. The village committee rents the contracted land of peasant households for non-agricultural construction. In order to circumvent the approval process for the conversion of agricultural land, the village committee directly leased the contracted land of rural households for non-agricultural construction, which violated the land use policy.
**Article 6 of the Notice on Strengthening Issues Concerning Land Regulation and Control (Guo Fa 2006 No. 31) clearly states: It is forbidden to convert agricultural land into construction land without authorization The conversion of agricultural land into construction land must comply with the overall land use plan, urban overall plan, village and market town planning, be included in the annual land use plan, and go through the approval procedures for the conversion of agricultural land in accordance with the law. It is forbidden to use agricultural land owned by peasant collectives for non-agricultural construction through methods such as "renting instead of levy", and expanding the scale of construction land without authorization. The circulation of the right to use construction land owned by peasant collectives must conform to the plan and be strictly limited to the scope of construction land acquired in accordance with the law. Failure to go through the examination and approval for the conversion of agricultural land in accordance with the law, and the staff of the state organ approves the construction of land occupied by means of "renting instead of expropriating", etc., is an illegal land grantï¼›Units and individuals who occupy land for construction without authorization through such methods as "renting instead of expropriating" is an act of illegal occupation of land, and the legal responsibility of the personnel concerned should be investigated according to law.
For ordinary people, the transfer of land by lease will not only damage their own interests, but also the signed lease contract is very likely to beVoid Contract, our country stipulates the contractThe maximum lease period is 20 years, and the lease term of the lease in lieu of levy contract far exceeds this time. Nominally, it is leased, but it is difficult for the common people to return or restore the land to its original state, nor is itIt is conducive to the livelihood of the peasants and ordinary people.
For the state, the use of rent instead of levy is also strictly prohibited, which will not only cause the loss of national taxes and fees, but also affect the state's protection of cultivated land.
Zhang Hongjia, a lawyer at Beijing Chinese-funded law firm, reminds you that it is illegal to rent instead of expropriate, and when we encounter this situation during land acquisition, we must take measures to protect our legitimate rights and interests. First of all, be sure to report it in a timely manner, requiring relevant departments to verify and deal with illegal land occupation. In addition, land-expropriated farmers can also conduct illegal land requisition sitesTake photos and videos, which is conducive to the subsequent use of litigation means to protect rights. In addition, if you encounter illegal occupation of land, including forced demolition of houses, etc., we can also do itCall the police on 110.
Areas of Expertise
Land requisition and demolition, ** and administrative legal business, civil and commercial cases.
Areas of Practice.
Land acquisition and demolition business, ** and administrative law business, civil and commercial business. Handled nearly 400 administrative reconsideration and administrative litigation cases. During his practice, he was stationed in the Judicial Bureau of Chaoyang District, Beijing and the Judicial Bureau of Fangshan District, Beijing, to solve and deal with more than 400 administrative reconsideration cases, a large number of administrative law enforcement cases, information disclosure and other related work for administrative organs, and to provide opinions and suggestions for the administrative compliance work of various committees and bureaus in Chaoyang District.
Participated in handling civil and commercial cases and non-litigation projects of a number of consulting companies in the team.
Participated in the research of administrative organs such as the people of Chaoyang District and the people of Fangshan District, wrote a reconsideration case analysis for the performance of administrative law enforcement responsibilities in Chaoyang District, wrote an analysis and commentary on property service contracts and lease contracts in the Civil Code, and wrote the Legal Guidelines for Conflicts and Disputes Involving Work Stoppage during the Epidemic Prevention and Control Period in Fangshan District.
During his practice, he handled many land acquisition and demolition cases across the country, resolved administrative disputes for the parties, and successfully helped the parties to obtain the corresponding compensation.
Work experience
Lawyer Zhang Hongjia, graduated from China University of Political Science and Law, has been engaged in lawyer work since graduation, has served as the legal counsel of the people of Chaoyang District, Beijing, Fangshan District, Beijing, and has handled many administrative cases, including land acquisition and demolition, administrative punishment, administrative licensing, environmental protection shutdown and other types, with rich experience in handling administrative cases and excellent professional ability.
Representative Cases
Case of confirmation of forest land rights in Qiannan Prefecture, Guizhou; Beijing Tongzhou Songzhuang demolition case; Beijing Fangshan enterprise demolition case; Administrative penalty case of a company in Beijing.
This article is intended for general analysis and research or information sharing, and does not constitute any result of analytical research and judgment on specific laws, nor is it intended as any advice to readers or any basis for providing advice. The author hereby expressly disclaims liability for any action or omission taken pursuant to this document.