The state implements the system of paid use of state-owned land in accordance with the law. According to the relevant provisions of the land management law, the land belongs to the state, the state implementation of state-owned land use is in order to, in order to strengthen land management, safeguard the socialist public ownership of land, protection, development of land resources, the rational use of land, and to promote sustainable socio-economic development. For paid use of state-owned land there are exceptions, if the state in the scope of the law allocates the right to use state-owned land, except.
I, land ownership and land use rights
1, land ownership and transfer restrictions
China's implementation of the socialist public ownership of land, namely, the ownership of the whole people and the collective ownership of the working masses. In other words, land in China is owned by the state or the collective, and no other subject enjoys land ownership.
The following lands are owned by the whole people, i.e., the State, and the ownership of land is exercised by the State Council on behalf of the State:
(1) land in urban areas;
(2) land in rural areas and suburbs of cities which has been confiscated, expropriated, or requisitioned for state ownership according to the law;
(3) land expropriated by the State according to the law;
(4) forest land, grassland, and other lands which do not fall into the collective ownership of the State according to the law; and (5) land in rural areas and suburbs which are not owned by the State. (d) forest land, grassland, wasteland, mudflats and other land not collectively owned by the State;
(e) land collectively owned by all members of a rural collective economic organization who have become urban residents;
(f) land collectively owned by the migrating peasants that is no longer in use after they migrate collectively in formed groups due to migration organized by the State, or due to natural disasters, etc.
(g) land collectively owned by the migrating peasants that is not collectively owned by the State; (h) land collectively owned by the migrating peasants.
Land in rural areas and urban suburbs, except for that which is owned by the State as stipulated by law, is collectively owned by peasants; homesteads and self-reserved land and mountains are collectively owned by peasants. Collectively owned land shall be operated and managed by village collective economic organizations or villagers' committees.
In China, land ownership, including state-owned land and collective land, is prohibited, and no unit or individual may encroach upon, buy or sell, or illegally transfer land in any other form.
2, land classification
Because of the different categories of land policy is different, so sorting out, understand the land classification is of great practical significance. According to China's Land Management Law and the land classification standards of the Ministry of Land and Resources, China's land is divided into 3 primary classifications, 15 secondary classifications, and 71 tertiary classifications according to use, as follows.
(1) First-level Classification Agricultural Land: refers to land directly used for agricultural production
Agricultural land includes five second-level classifications: arable land, garden land, forest land, pasture land, and other agricultural land. Among them:
Cultivated land includes: irrigated paddy fields, watchtower fields, irrigated watered land, dry land, and vegetable land in 5 tertiary classifications;
Garden land includes: orchards, mulberry gardens, tea gardens, rubber plantations, and other gardens in 5 tertiary classifications;
Forestland includes: forested land, shrub land, open forest land, unforested afforestation land, traces of land, and nursery land in 6 tertiary classifications;
Grazing pasture land Including: natural grassland, improved grassland, and artificial grassland;
Other agricultural land includes: livestock and poultry rearing land, facility agricultural land, rural roads, ponds and water surface, breeding water surface, farmland water conservancy land, field cans, sunbathing yards and other land in 8 three-tier classifications.
(2), the first level of classification of construction land: land for the construction of buildings and structures
Construction land includes commercial land, industrial, mining and warehousing land, utility land, public **** construction land, residential land, transportation land, water conservancy facilities, special land, eight secondary classifications. Among them:
Commercial land includes: commercial land, financial and insurance land, restaurant and hotel land, and other commercial land with 4 tertiary classifications;
Industrial land includes: industrial land, mining land, and warehousing land with 3 tertiary classifications;
Utility land includes: public ****infrastructure land, and landscaping and recreation land with 2 tertiary classifications;
Public facilities land includes: public**** infrastructure land, and landscape and recreation land with 2 tertiary classifications. p>
Public **** building land includes: 6 tertiary classifications: institutional land, educational land, scientific research and design land, cultural and sports land, medical and health care land, and charitable land;
Residential land includes: 4 tertiary classifications: urban single residential land, urban mixed residential land, rural residential land, and vacant residential land;
Transportation land includes: railroad land, Highway land, civil airports, port terminal land, pipeline transportation land, streets and alleys;
Water conservancy land includes: reservoir water surface, water engineering building land 2 three-level classifications;
Special land includes: military facilities, embassies and consulates, religious land, land for religious sites, land for prison sites, and 5 three-level classifications of burial sites.
(3) Primary classification of unutilized land: land other than agricultural land and construction land
Unutilized land includes 2 secondary classifications of unutilized land and other land. Among them:
Unutilized land includes: barren grassland, saline and alkaline land, marshland, sandy land, bare land, bare rocky gravel land, and other unutilized land (such as alpine desert and tundra) in 7 tertiary classifications;
Other land includes: river water surface, lake water surface, reedbed, mudflat, glacier and permanent snow in 6 tertiary classifications.
3, land use rights can be transferred in accordance with the law
According to China's civil law theory and the provisions of the Property Law, ownership is the owner of their own real estate or movable property, the right to possession, use, income and disposal in accordance with the law. China's laws prohibit the transfer of land ownership, but allow the right to use land to be separated from ownership and transferred in accordance with the law. According to the nature of land ownership, land use right can be divided into two categories: state-owned land use right and collective land use right; according to land use, land is divided into construction land, agricultural land and unutilized land.
4, the state-owned land use right before the transfer of the subject of rights
Collectively owned land, by the village collective economic organization or villagers' committee management, management; accordingly, the collective land use right in the transfer of the village before the enjoyment of the village collective economic organization or the villagers' committee, the subject of the rights is clearer.
The management of state-owned land use right, our country adopts the authorized management system, so it is necessary to sort out the subject of the right and the relevant basis.
(a), "Land Management Law," Article 2 provides: "The Chinese people *** and the State to implement the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working masses. Ownership of land owned by the whole people, that is, by the State, is exercised by the State Council on behalf of the State." Article 5 states, "The competent land administration department of the State Council is uniformly responsible for the administration and supervision of land throughout the country. The establishment of land administrative departments of local people's governments above the county level and their duties shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the State Council."
(2) Article 6 of the Provisions on the Granting of State-owned Land Use Rights by Agreement provides, "The administrative department of land and resources of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall draw up the minimum price for the granting of land by agreement in accordance with the provisions of Article 5 of these Provisions, and announce it to the people's government at the same level for its approval before it is carried out by the administrative department of land and resources of the people's governments of the cities and counties. "
(3), "bidding, auctioning and listing the right to use state-owned construction land use regulations," Article 6 provides: "municipal and county people's governments, the administrative department of land and resources shall, in accordance with the annual plan for the transfer, together with urban planning and other relevant departments *** with the preparation of the proposed bidding, auctioning and listing the transfer of the land plot of the transfer of the proposal, reported to the municipal and county people's government for approval by the municipal and county people's government. People's Government administrative department of land and resources to organize and implement."
According to the foregoing, it can be seen that the subject of the right of use of state-owned land is the State Council; the State Council authorizes the administrative department of land administration to manage it; at the same time, the State Council and the administrative department of land administration under the State Council in turn authorize the administrative department of land administration of the local people's government to exercise the duties of the subject of the right on behalf of the State, subject to the approval of the people's government at the same level.
Based on the above authorization, it can be seen that the state council is the right subject of state-owned land use rights; in reality, the state council authorizes the central and local land administrative departments to exercise the subject function.
Second, construction land
According to the previous introduction on land classification, construction land refers to the land on which buildings and structures are constructed, including land for commercial use, industrial, mining and warehousing land, land for public utilities, land for public **** construction, land for residential use, land for transportation, land for water conservancy facilities, and land for special use. The land used by industrial enterprises for production and operation usually belongs to the industrial, mining and warehousing land in the construction land.
1, in addition to three types of special circumstances, the construction of land must use state-owned land
According to China's "Land Administration Law", any unit or individual construction, the need to use the land, must apply for the use of state-owned land in accordance with the law; however, the establishment of township enterprises and villagers to build residential by the legally approved the use of the collective economic organization of the collective ownership of the land of the peasants, or the township (township) Village public **** facilities and public welfare construction is authorized by law to use the land owned by the farmers' collective except. In other words, except for township enterprises, villagers' residences, village public welfare construction can apply for the use of rural land in accordance with the law, other construction land can only apply for the use of state-owned land.
2, the construction of land involving the conversion of agricultural land, must apply for approval of the conversion
Construction of land occupation, involving the conversion of agricultural land to construction land, should apply for approval of the conversion of agricultural land.
Roads, pipeline projects and large-scale infrastructure construction projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government, and construction projects approved by the State Council that occupy land and involve the conversion of agricultural land to construction land shall be approved by the State Council.
Where agricultural land is converted to construction land for the purpose of implementing the overall land use plan within the scale of construction land for cities, villages and market towns as determined by the overall land use plan, the conversion of agricultural land to construction land shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the approved scope of agricultural land conversion, land for specific construction projects may be approved by the municipal or county people's governments.
Where land is occupied by construction projects other than those in the two preceding cases, involving the conversion of agricultural land to construction land, the approval shall be given by the people's governments of the provinces, autonomous regions and municipalities directly under the central government.
3, construction land must be used in rural land, must be expropriated in accordance with the law
Construction land application for use of state-owned land in accordance with the law, including land owned by the state and the state expropriated land originally belonging to the farmers collectively owned land.
The State Council shall approve the expropriation of the following lands:
(1) basic farmland;
(2) arable land other than basic farmland exceeding thirty-five hectares;
(3) other land exceeding seventy hectares. Where other land is expropriated, it shall be approved by the people's government of the province, autonomous region or municipality directly under the central government, and reported to the State Council for the record.
The expropriation of agricultural land, shall first apply for approval of agricultural land diversion in accordance with law. Among them, approved by the state council for the conversion of agricultural land, at the same time for the approval of expropriation, no longer separately for the approval of expropriation; by the people's governments of provinces, autonomous regions and municipalities directly under the central government in the approval of expropriation within the authority for the approval of agricultural land, at the same time for the approval of expropriation, no longer separately for the approval of expropriation, more than the approval of expropriation, shall be reported to the state council for separate approval of land expropriation.
Legal basis
Article 2 of the Land Management Law of the People's Republic of China (PRC) Article 2 The PRC implements the socialist system of public ownership of land, i.e., the ownership system of the whole people and the collective ownership system of the working masses.
The ownership of land owned by the whole people, i.e. the State, is exercised by the State Council on behalf of the State.
No unit or individual may encroach upon, buy or sell, or illegally transfer land in any other form. The right to use land may be transferred in accordance with the law.
The State may, in the interests of the public, expropriate or requisition land in accordance with the law and provide compensation.
The State shall, in accordance with law, implement a system of compensatory use of state-owned land. However, the State allocates the right to use state-owned land within the limits prescribed by law.
Article 4 The State shall implement a system of land-use control.
The State prepares a general plan for land use, stipulates land use, and divides land into agricultural land, construction land and unutilized land. It strictly restricts the conversion of agricultural land into construction land, controls the total amount of construction land, and implements special protection for arable land.
Agricultural land referred to in the preceding paragraph refers to land directly used for agricultural production, including arable land, forest land, grassland, agricultural land for water conservancy, and aquaculture water surfaces, etc.; construction land refers to the land on which buildings and structures are constructed, including urban and rural residential land and land for public **** facilities, land for industries and mines, land for transportation and water conservancy facilities, land for tourism, and land for military facilities, etc.; and unutilized land refers to land other than agricultural land and land for construction. land.
Units and individuals using land must use land strictly in accordance with the purposes determined by the overall land use plan.