Although the development of the mainland is very rapid, the rural population still accounts for a considerable proportion, many peasant friends have lived in the countryside for many years, and even their ancestors have been from their own villages, but these friends have questions about the nature of their land, and do not know whether it belongs to collective construction land or state-owned construction land, so today Shi Xining, the chief lawyer of Beijing Jingkang Law Firm, wants to talk to you about what is collective construction land and what can be done with collective construction land.
Lawyer's interpretation
Collective construction land mainly includes: land for public welfare undertakings and public facilities in townships (towns) and villages, as well as land for rural residents' residences. The ownership of collective construction land belongs to the collective, and farmers enjoy the right to use it, and there is no provision for the period of use. Rural collective construction land is divided into three categories: homesteads, public welfare public facilities and business land, the first two are relatively easy to understand, mainly business land you may not know much, today to help you summarize what is called rural collective management construction land and what rural collective management construction land can do.
1. Rural collective management construction land
Rural land for collective construction and operation refers to rural construction land with the nature of production and operation. Rural collective construction land used by rural collective economic organizations to set up enterprises using the construction land determined in the overall land use plan of townships (towns) or jointly established enterprises with other units and individuals in the form of land use rights shareholding, joint ventures, etc., such as the land used by township enterprises in the past.
Under the premise of complying with planning and use control, rural collective construction land can enter the urban construction land market and enjoy the same rights as state-owned land.
2. The use of land for rural collective management construction
1. Industrial, commercial and other operational purposes. In accordance with the "Land Management Law" and the "Regulations for the Implementation of the Land Management Law", key rural industries and projects are encouraged to use collective management construction land. For collectively operated construction land that is determined to be used for industrial, commercial and other operational purposes in land spatial planning, and has been registered for land ownership in accordance with the law, the land owner may transfer or lease it to a unit or individual for paid use within a certain period of time.
According to the "National Rural Key Industries Guidance Catalogue (2021 Edition)", the integrated development projects of primary, secondary and tertiary industries such as agricultural product processing industry, agricultural product circulation industry, rural manufacturing industry, rural leisure tourism, rural emerging service industry, and new rural industries and new business formats are in line with the development trend of rural industries and the requirements of comprehensively promoting rural revitalization. All of them can be used for collective management construction in accordance with regulations. From the above-mentioned legal provisions and other norms, we can see that this industrial, commercial and other business use is actually to revitalize the countryside and encourage key rural industries and projects to use this kind of collective land. By analogy, new industries and new formats such as leisure agriculture, rural tourism, catering and homestays, cultural experience, creative office, and e-commerce are in line with rural characteristics, as well as integrated development projects of primary, secondary and tertiary industries such as cold chain, primary processing, and warehousing of agricultural products. All of them can be used for collective management construction in accordance with regulations.
2. Affordable rental housing. According to the "Opinions on Accelerating the Development of Affordable Rental Housing" issued by the General Office of the State Council ("Suggestions on the Key Points and Modes of Affordable Rental Housing Operation"), it is proposed that large cities with a net inflow of population and cities determined by provincial-level people's governments may, on the basis of respecting the collective wishes of farmers and with the consent of the urban people's government, explore the use of collectively operated construction land to build affordable rental housing; It should support the use of collective management construction land in urban areas, close to industrial parks or areas with convenient transportation to build affordable rental housing; Rural collective economic organizations may construct and operate affordable rental housing through self-construction, joint ventures, shareholding, etc.; The right to use land for collective management construction for the construction of affordable rental housing can be mortgaged.
To sum up, we can clearly see that the rural collective management construction land is mainly for rural development or rural revitalization and the establishment of a land nature, to help everyone in the revitalization of the countryside, through the use of rural collective management construction land and achieve some results, of course, this rural collective management construction land will also have some hidden dangers, we should also pay special attention, if there are corresponding problems, we must seek legal help in a timely manner, protect their own rights and interests.
Director Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive professional knowledge, control of the overall situation, and rational application of the law. Even a lawyer with many years of litigation experience is constantly learning and updating, so that he can calmly analyze and make correct judgments in a case. And for non-law-abiding people, this is a huge subject that cannot be achieved by just a short period of time. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.