Notice of the Ministry of Land and Resources on the Implementation of the "Property Rights Law of the People's Republic of China" (Land and Resources Development No. [])

The departments of land and resources of all provinces, autonomous regions, and municipalities directly under the Central Government (Department of Land, Environment and Resources, Bureau of Land and Resources, Bureau of Land, Resources and Housing, and Bureau of Housing and Land Resources), administrative departments of land and resources of cities under separate state planning, and the State Oceanic Administration , State Bureau of Surveying and Mapping, Bureau of Land and Resources of Xinjiang Production and Construction Corps, departments and bureaus of the Ministry of Agriculture:

The "Property Rights Law of the People's Republic of China" (hereinafter referred to as the "Property Rights Law") has been passed by the 10th National People's Representative It was reviewed and approved at the fifth meeting of the General Assembly and will come into effect on October 1, 2007. In order to effectively implement the Property Law, further uphold and improve the land and resources management system, safeguard the land and resources rights and interests of the state, collectives and individuals, and promote the sustainable development of the economy and society, the relevant matters are hereby notified as follows:

1. Fully understand the significance of the promulgation and implementation of the "Property Rights Law"

The "Property Rights Law" is to safeguard the basic socialist economic system, safeguard the vital interests of the broad masses of the people, and regulate the socialist market economic order and property relations. basic civil laws. Land and resources are the most important and valuable “things”. Providing the basic principles for the exercise and management of land rights and mineral rights is the most important content of the Property Rights Law. Land and resources management departments at all levels must fully understand the significance of the promulgation and implementation of the Property Rights Law from the perspective of adhering to the basic strategy of governing the country according to law and comprehensively promoting administration according to law.

(1) The "Property Rights Law" is an important guarantee for building a harmonious socialist society

The basic function of the "Property Rights Law" is to clarify the ownership of things, resolve disputes and disputes, and make the best use of things. . The core of building a harmonious society is people-oriented. The Property Law always takes safeguarding the fundamental interests of the overwhelming majority of the people as its starting point, and clearly stipulates major issues concerning the vital interests of the broad masses of the people. It also clarifies legal rules for the settlement of various disputes in practice, which is conducive to resolving social conflicts. , maintain social stability. At the same time, the Property Law also attaches great importance to the protection of farmers' rights and interests, and clearly stipulates the two rights most closely related to farmers' production and life, namely rural land contract management rights and homestead use rights, as property rights for the first time, which effectively It has effectively protected the most basic property rights of 800 million farmers and laid a solid legal foundation for building a socialist harmonious society.

(2) The "Property Rights Law" is a powerful weapon to improve the level of land and resources management

The "Property Rights Law" is included in the current "Land Management Law", "Urban Real Estate Management Law", "Rural Land On the basis of legal provisions such as the Contracting Law and the Mineral Resources Law, the legal system for land and resources management has been reformed and innovated. The Property Law establishes a unified registration system for real estate, improves the land expropriation compensation system, constructs a land property rights system with land ownership, land contract management rights, construction land use rights and homestead use rights as the main contents, and clarifies exploration rights. , the nature of property rights of mining rights. The promulgation and implementation of the Property Law provides a powerful weapon for the land and resources management department to "protect resources, ensure development, safeguard rights and interests, and serve society."

(3) The "Property Rights Law" is a powerful driving force for promoting administration according to law

The "Property Rights Law" is not only a basic civil law that safeguards the country's basic economic system and protects the people's property rights, but also regulates An important civil law that governs the public power of administrative agencies and protects people’s property rights. Property rights are "exclusive" rights that can restrict and limit the abuse of public rights. The property rights stipulated in the "Property Rights Law" are the basis for administration according to law. Whether or not the property rights determined by the "Property Rights Law" are respected is an important criterion for testing and measuring whether administrative agencies are administering according to law. Land and resources management departments at all levels must fully realize the new requirements put forward by the Property Law for the promotion of administration according to law, comprehensively promote administration according to law from the perspective of maintaining transaction order, promoting wealth growth, and protecting legitimate rights and interests, and continuously improve the impact of land and resources on the economy. The ability to ensure social development.

2. Accurately grasp the reform and innovation of the "Property Rights Law" on the legal system of land and resources management

The "Property Rights Law" is closely related to the management of land and resources.

The provisions on land rights and mineral rights in the Property Law not only affirm and inherit the current legal system and policy measures, but also have many innovations and breakthroughs. Land and resources management departments at all levels must accurately understand and comprehensively grasp the basic principles and main contents of the Property Law, especially the contents and provisions related to land and resources management, and implement them in land and resources management work.

(1) The "Property Rights Law" improves the real estate registration system

Before the promulgation of the "Property Rights Law", my country's regulations on real estate registration were mainly scattered in the "Land Management Law" and "Urban Real Estate Management Law" and other administrative laws. The "Property Rights Law" implements the principles of publicity and public trust of real estate property rights, and makes a number of innovative provisions in real estate registration: first, the "Property Rights Law" establishes a unified registration system for real estate; second, the "Property Rights Law" establishes the principle of effectiveness of real estate registration; third, the "Property Rights Law" establishes a unified registration system for real estate; First, the Property Law clearly stipulates the correction registration, objection registration and notice registration systems; fourth, the Property Law clarifies the effectiveness of the real estate registration book and the responsibilities of the registration agency; fifth, the Property Law clarifies the compensation liability of the real estate registration agency .

(2) The "Property Rights Law" improves the land expropriation compensation system

The land expropriation compensation system is related to the vital interests of the broad masses of the people, to social stability, and to the construction of a harmonious society. The Property Rights Law is based on the Constitution and the party and the state's principle that land acquisition compensation and resettlement must ensure that the original living standards of land-expropriated farmers are not reduced and the long-term livelihood is guaranteed, and the land expropriation compensation system has been improved: First, the Property Rights Law clarifies that land expropriation The premise must be to protect cultivated land; secondly, the Property Rights Law clarifies that land expropriation must meet legal conditions, that is: it must be for the needs of the public interest, must be in accordance with legal authority and procedures, and compensation must be provided in accordance with the law; thirdly, the "Property Rights Law" The Property Law clarifies the legal scope of compensation for land expropriation, including: land compensation, resettlement subsidies, compensation for ground attachments and social security fees.

(3) The "Property Rights Law" establishes a land property rights system

The "Property Rights Law" implements the principle of equal protection and makes a number of innovative provisions in the land property rights system: 1. Firstly, the Property Rights Law clarifies the property rights representation of collective land; secondly, the Property Rights Law clarifies that the right to use construction land can be established on the surface, above ground or underground; thirdly, the Property Rights Law clarifies that the right to use construction land can be transferred or allocated Fourth, the Property Rights Law stipulates that if the right to use land for residential construction expires, it will be automatically renewed. The renewal of non-residential construction land use rights after expiration shall be handled in accordance with legal provisions, and the ownership of the above-ground buildings shall be clarified.

(4) The "Property Rights Law" clarifies the nature of usufructuary rights of exploration and mining rights

The "Property Rights Law" clarifies in Part III "Usufruct Rights": Prospecting rights obtained in accordance with the law Rights and mining rights are protected by law. This is a major innovation in the legal system. It shows that the Property Law recognizes the property nature of exploration rights and mining rights and is of great significance in protecting the legitimate rights and interests of right holders.

3. Comprehensively promote administration according to law in accordance with the requirements of implementing the "Property Rights Law"

The implementation of the "Property Rights Law" has put forward new and higher requirements for the land and resources management departments. To meet the needs of the implementation of the Property Law, land and resources management departments at all levels must transform their land and resources management concepts, deepen the reform of land and resources management methods, and comprehensively promote administration according to law:

(1) Firmly establish the concept of property rights

To firmly establish the concept of property rights in land and resources management work is to require land and resources management departments at all levels to respect the property rights of the administrative counterparties in the process of exercising their land and resources management powers. Arbitrarily intervening in the property and civil relations between the parties, we cannot arbitrarily cancel the administrative licenses obtained by the parties through legal means, let alone harm the property rights of collectives and individual citizens under the guise of safeguarding public interests. It is necessary to strictly limit the administrative powers of land and resources management within the scope prescribed by laws and regulations, and strengthen the supervision and service functions of land and resources management departments.

It is necessary to completely change the past practice of mainly relying on administrative approval and administrative law enforcement means to exercise management power, and to apply more modern management means such as administrative guidance, administrative rewards, and administrative contracts and humanized law enforcement methods to land and resources management work, and comprehensively promote Administer according to law.

(2) More consciously adhere to strict management and unswervingly

Implementing the strictest land and resources management system in the world is a major decision made by the Party Central Committee and the State Council based on my country’s basic national conditions. Decision-making is also an inevitable requirement for implementing the Scientific Outlook on Development and ensuring sound and rapid economic and social development. The Property Law comprehensively affirms the institutional achievements of strict protection of resources in recent years, and integrates the legal system of land and resources management, especially the legal system of land management, including the cultivated land protection system, use control system, land expropriation compensation system, and resource paid use system, into civil The form of the Basic Law has been finalized, which will surely strengthen the determination of the entire system to strictly manage land and resources. Land and resources management departments at all levels must continue to implement various legal systems and policy measures for strict management of land and resources in conjunction with the promulgation and implementation of the Property Law, and further strengthen strict management unswervingly.

(3) More actively promote the reform of land and resources management

The "Property Law" affirms the direction of the reform of land and resources management in many aspects. The implementation of the Property Law requires land and resources management departments at all levels to more actively promote the reform of land and resources management. It is necessary to speed up the pace of land registration and certification and strive to achieve full coverage of land registration; it is necessary to fully implement the industrial land transfer system through bidding, auction and listing, making bidding, auction and listing the only legal way for the government to transfer industrial land; it is necessary to actively cooperate with the labor and social security departments to implement the The social security expenses of land-expropriated farmers will ensure that the living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed; it is necessary to speed up the revision of the Mineral Resources Law and effectively protect the legitimate rights and interests of exploration and mining rights holders. At the same time, it is necessary to combine the practice of land and resources management and keep pace with the times to study and implement the innovative requirements put forward by the Property Law, such as how to renew the land use rights for residential construction upon expiration, how to deal with the vested interests of landless farmers in land acquisition compensation, How to establish the right to use construction land separately on the surface, above ground and underground, how to divide and register the differentiated ownership of buildings, etc., and actively carry out pilot work.

4. Take practical and effective measures to ensure the smooth implementation of the "Property Rights Law"

(1) Strengthen organizational leadership and carry out in-depth publicity and training of the "Property Rights Law"

The land and resources management departments at all levels must strengthen their organization and effectively carry out the study, publicity and training of the Property Law. It is necessary to regard the study and publicity of the "Property Rights Law" as an important part of "improving the system and improving quality", and make specific arrangements and put forward clear requirements. The main leaders must take charge personally and carefully organize the study and training of the Property Law. It is necessary to strengthen the study and training of leading cadres, grasping each level and training each level. We should regard the promotion of the Property Rights Law as an important part of the "Fifth Five-Year Plan" law popularization, and use various publicity tools and methods to deeply publicize the legislative purpose, basic content and various provisions of the Property Rights Law in the whole society, especially the Property Rights Law. "The contents and systems related to land and resources management in "The Law of the People's Republic of China" widely advocate the concept of using the law to distinguish right from wrong and use the law to resolve disputes in the whole society, accelerate the formation of harmonious resource relations, and promote the construction of a harmonious society.

(2) In accordance with the requirements of the "Property Rights Law", we must promptly do a good job in sorting out regulations

According to the provisions of the "Property Rights Law", there are many existing laws, administrative regulations, local regulations, and rules. All provisions on property rights in normative documents must be modified or abolished in accordance with the Property Rights Law. At present, the State Council has made comprehensive arrangements for the clean-up of laws and regulations. Whether it complies with the provisions of the Property Law is an important part of this clean-up of laws and regulations. Local land and resources management departments at all levels must also promptly clean up local laws and regulations, especially normative documents, and promptly abolish or amend those that are formulated beyond their authority and are inconsistent with the provisions of the Property Law. The clean-up work must be completed before October 1, 2007, and the clean-up results must be made public to the whole society.

(3) Clear priorities and promote supporting legislation of the "Property Rights Law"

Implementing the "Property Rights Law" will be a long-term task. It is necessary to distinguish priorities and steadily advance the supporting legislation of the Property Law. Anything that has a major impact on the implementation of the Property Law must be studied and released as soon as possible; anything related to long-term system construction must be studied in depth, actively piloted, and carefully prepared. This year, in conjunction with the promulgation and implementation of the Property Law, the Ministry will focus on the formulation of departmental regulations such as the "Regulations on Determining Land Ownership and Use Rights", "Land Registration Regulations" and "Measures for the Management of Allocated Land Use Rights". Local land and resources management departments at all levels must also actively and steadily promote the legislation of local supporting laws and regulations based on the actual conditions of the region.

The promulgation and implementation of the "Property Rights Law" is related to the country's basic economic system, the vital interests of hundreds of millions of people, and the construction of a harmonious society. Land and resources management departments at all levels should regard the implementation of the "Property Rights Law" as an important part of land and resources management work at present and in the future, effectively strengthen leadership, adjust work ideas, improve work methods, enhance service awareness and responsibility awareness, and strive to improve land and resources management. resources management capabilities and levels, and promote sound and rapid economic and social development to make new contributions. In the process of implementation, all localities must strengthen organization and coordination, investigation and research, and inspection and implementation. Please report to the department in a timely manner regarding the implementation status and new situations and problems encountered during the implementation process.

Ministry of Land and Resources

May 8, 2007