"Civil Code Publicity Month" summarizes the provisions of the Civil Code on rural collective, contracted land and homestead.

In the Civil Code of People's Republic of China (PRC)

Summary of terms involving rural collective, contracted land and homestead

About rural collectives

Chapter II Natural Persons

Chapter II of the Civil Code provides for real estate and chattel, debt, organization law, etc. Rural collective ownership:

1 clarified the debt commitment of rural collective economic organizations and individuals.

2. Clarify the scope of real estate and movable property owned by rural collectives.

3. Clarify the rights and obligations of rural collective organizations as legal persons.

4. Clarify the distribution principle of collective property.

Article 55

Members of rural collective economic organizations that have obtained the right to contracted management of rural land according to law and engaged in household contracted management are rural contracted business households.

Article 56

The debts of individual industrial and commercial households, if operated by individuals, shall be borne by personal property; Family business, with family property; If it is indistinguishable, it shall be borne by family property.

The debts of rural contractors shall be borne by the property of farmers engaged in rural land contract management; In fact, if it is run by some peasant members, it will be borne by the property of those members.

Article 96

The legal persons of organs, rural collective economic organizations, urban-rural cooperative economic organizations and grass-roots mass autonomous organizations specified in this section are special legal persons.

Article 97

Institutions and institutions with independent funds as legal persons who undertake administrative functions have the qualifications of institutional legal persons from the date of establishment and can engage in civil activities necessary for performing their functions.

Article 98

If the legal person organ is revoked, the legal person shall be terminated, and its civil rights and obligations shall be enjoyed and assumed by the successor legal person organ; If there is no successor to the legal person organ, it shall be enjoyed and borne by the legal person organ that made the cancellation decision.

Article 99

Rural collective economic organizations have obtained legal person status according to law.

Where laws and administrative regulations have provisions on rural collective economic organizations, such provisions shall prevail.

Article 100

Urban and rural cooperative economic organizations have obtained legal person status according to law.

Where laws and administrative regulations provide for urban and rural cooperative economic organizations, such provisions shall prevail.

Article 101

Residents' committees and villagers' committees have the legal personality of grass-roots mass autonomous organizations and can engage in civil activities needed to perform their functions.

If a village collective economic organization has not been established, the villagers' committee may act as the authority of the village collective economic organization according to law.

Article 260

Collectively owned real estate and movable property include:

(1) Land and forests, mountains, grasslands, wasteland and beaches collectively owned by the law;

(2) Collectively owned buildings, production facilities and irrigation and water conservancy facilities;

(3) Collectively owned educational, scientific, cultural, health and sports facilities;

(four) other real estate and movable property owned by the collective.

Article 26 1

Real estate and movable property collectively owned by farmers belong to collective members.

The following matters shall be decided by collective members in accordance with legal procedures:

(a) the land contract scheme and land contract to organizations or individuals outside the collective;

(two) the adjustment of contracted land between individual land contractual management rights holders;

(three) the use and distribution of land compensation fees;

(4) Changes in the property rights of collectively-funded enterprises and other matters;

(5) Other matters prescribed by law.

Article 262

Collective ownership of land, forests, mountains, grasslands, wasteland and beaches shall be exercised in accordance with the following provisions:

(a) belongs to the village farmers' collective ownership, by the village collective economic organizations or villagers' committees on behalf of the collective exercise of ownership;

(two) belonging to more than two peasant collectives in the village, the collective economic organizations or villagers' groups in the village shall exercise ownership on behalf of the collective according to law;

(three) owned by township farmers, the township collective economic organizations shall exercise ownership on behalf of the collective.

Article 263

Real estate and movable property collectively owned by cities and towns shall enjoy the right to possess, use, profit from and dispose of in accordance with the provisions of laws and administrative regulations.

Article 264

Rural collective economic organizations, villagers' committees and villagers' groups shall announce the status of collective property to their members in accordance with laws, administrative regulations, articles of association and village rules and regulations. Collective members have the right to consult and copy relevant materials.

Article 265

Collectively owned property is protected by law, and it is forbidden for any organization or individual to occupy, plunder, privately divide or destroy it.

If the decisions made by rural collective economic organizations, villagers' committees or their responsible persons infringe upon the legitimate rights and interests of collective members, the infringed collective members may request the people's court to revoke them.

Article 268

The state, collectives and individuals may establish a limited liability company, a joint stock limited company or other enterprises with capital contribution according to law.

If the state, collective and private-owned real estate or chattel are invested in an enterprise, the investor shall enjoy the rights of asset income, major decision-making, selection of managers, and fulfill the corresponding obligations according to the agreement or investment proportion.

About land

Chapter II XI Land Contract Management Right

Chapter XI of the Civil Code has made detailed provisions on the right to contracted management of land:

1 clarifies the rights and interests of the contractor.

2. Define the contract term.

3. Clarify the purpose of the contracted land.

4. Clarify the legal provisions on the expropriation, exchange, transfer, lease and mortgage of contracted land.

Article 330

Rural collective economic organizations implement a two-tier management system based on household contract management and combining unification and separation.

Cultivated land, forest land, grassland and other land used for agriculture owned by farmers collectively and the state shall be subject to the land contract management system according to law.

Article 33 1

According to law, the right holder of land contractual management has the right to possess, use and benefit the cultivated land, forest land and grassland contracted by him, and has the right to engage in agricultural production such as planting, forestry and animal husbandry.

Article 332

The contracted period of cultivated land is thirty years. Grassland contract period is 30 to 50 years. The forest land contract period is 30 to 70 years.

Upon the expiration of the contract period specified in the preceding paragraph, the land contractual management right holder shall continue to contract in accordance with the legal provisions on rural land contracting.

Article 333

The land contractual management right shall be established when the land contractual management contract comes into effect.

The registration authority shall issue certificates such as land contractual management right certificate and forest right certificate to the land contractual management right holder, and make registration to confirm the land contractual management right.

Article 334

The land contractual management right holder has the right to exchange and transfer the land contractual management right according to law. Without legal approval, the contracted land shall not be used for non-agricultural construction.

Article 335

Where the right to contracted management of land is exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, you may not be able to fight well-intentioned third parties.

Article 336

During the contract period, the employer shall not adjust the contracted land.

Due to special circumstances such as serious damage to contracted land by natural disasters, it is necessary to appropriately adjust contracted farmland and grassland, which shall be handled in accordance with the laws and regulations on rural land contracting.

Article 337

During the contract period, the employer shall not recover the contracted land. Where there are other provisions in the law, those provisions shall prevail.

Article 338

If the contracted land is expropriated, the land contractual management right holder has the right to obtain corresponding compensation in accordance with the provisions of Article 243rd of this Law.

Article 339

The land contractual management right holder may independently decide to transfer the land management right to others by lease, shareholding or other means according to law.

Article 340

The land management right holder has the right to occupy rural land within the time limit agreed in the contract, and independently carry out agricultural production and operation and obtain income.

Article 34 1

The land management right with a transfer period of more than five years shall be established when the transfer contract takes effect. The parties may apply to the registration authority for the registration of land management rights; Without registration, you may not be able to fight well-intentioned third parties.

Article 342

Rural land is contracted by means of bidding, auction and public consultation. And obtain the ownership certificate through legal registration, and the land management right can be transferred by leasing, shareholding, mortgage or other means according to law.

Article 343

State-owned agricultural land contracted for operation shall be governed by the relevant provisions of this part.

Chapter XII Right to Use Construction Land

Chapter XII of the Civil Code specifies in detail the right to use construction land:

1 defines the scope of use of construction land.

2. Explain the rights of users and the regulations that need to be observed.

3. Clarify the legal provisions on expropriation, exchange, transfer, lease and mortgage of construction land.

Article 344

The owner of the right to use the construction land has the right to possess, use and benefit the land owned by the state according to law, and has the right to build buildings, structures and ancillary facilities on the land.

Article 345

The right to use construction land can be established on the surface, above ground or underground of the land.

Article 346

The establishment of the right to use construction land shall conform to the requirements of saving resources and protecting the ecological environment, abide by the provisions of laws and administrative regulations on land use, and shall not damage the established usufructuary right.

Article 347

The establishment of the right to use construction land can be carried out by allocation or allocation.

Industrial, commercial, tourism, entertainment, commercial housing and other business land, as well as the same piece of land with more than two intentions, should be sold through public bidding, auction and other means.

Strictly restrict the establishment of the right to use construction land by means of allocation.

Article 348

Where the right to use construction land is established by means of bidding, auction or agreement, the parties concerned shall conclude a contract for the assignment of the right to use construction land in writing.

Construction land use right transfer contract generally includes the following terms:

(1) The name and domicile of the party concerned;

(2) Land boundary, area, etc. ;

(three) the space occupied by buildings, structures and their ancillary facilities;

(4) Land use and planning conditions;

(5) Duration of the right to use the construction land;

(six) transfer fees and other fees and their payment methods;

(7) Methods for resolving disputes.

Article 349

The establishment of the right to use construction land shall apply to the registration authority for the registration of the right to use construction land. The right to use construction land is established at the time of registration. The registration authority shall issue a certificate of ownership to the owner of the right to use the construction land.

Article 350

The owner of the right to use the construction land shall make rational use of the land and shall not change the land use; Need to change the land use, shall be approved by the relevant administrative departments in accordance with the law.

Article 35 1

The owner of the right to use the construction land shall pay the transfer fee and other fees in accordance with the law and the contract.

Article 352

The ownership of buildings, structures and ancillary facilities built by the right holder of construction land belongs to the right holder of construction land, unless there is evidence to the contrary.

Article 353

The holder of the right to use construction land has the right to transfer, exchange, contribute, donate or mortgage the right to use construction land, except as otherwise provided by law.

Article 354

Where the right to use construction land is transferred, exchanged, contributed, donated or mortgaged, the parties concerned shall conclude a corresponding contract in writing. The term of use shall be agreed by the parties, but it shall not exceed the remaining term of the right to use the construction land.

Article 355

Where the right to use construction land is transferred, exchanged, contributed or donated, it shall apply to the registration authority for registration of change.

Article 356

Where the right to use construction land is transferred, exchanged, contributed or donated, the above-ground buildings, structures and ancillary facilities shall be disposed of together.

Article 357

Where buildings, structures and ancillary facilities are transferred, exchanged, contributed or donated, the right to use construction land within the occupied area of the buildings, structures and ancillary facilities shall be disposed of together.

Article 358

Before the expiration of the term of the right to use construction land, if the land needs to be recovered in advance because of public interests, the house and other immovable property on the land shall be compensated in accordance with the provisions of Article 243rd of this Law, and the corresponding transfer fee shall be returned.

Article 359

If the term of the right to use residential construction land expires, it will be automatically renewed. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use non-residential construction land after the expiration of the term shall be handled according to law. The ownership of houses and other immovable property on the land, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be handled in accordance with the provisions of laws and administrative regulations.

Article 360

If the right to use the construction land is eliminated, the transferor shall cancel the registration in time. The registration authority shall recover the ownership certificate.

Article 36 1

Collectively owned land used as construction land shall be handled in accordance with the laws and regulations on land management.

About home

Chapter XIII Right to Use Homestead

Chapter XIII of the Civil Code specifies the right to use the homestead in detail:

1 clarifies the distribution principle of homestead.

2. Explain the rights of users and the regulations that need to be observed.

3. It is clear that the homestead shall not be mortgaged.

Article 362

The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.

Article 363

The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.

Article 364

If the homestead is lost due to natural disasters and other reasons, the right to use the homestead shall be eliminated. Redistribute the villagers who lost their homestead according to law.

Article 365

If the registered right to use the homestead is transferred or lost, the registration shall be changed or cancelled in time.

Article 399

The following properties shall not be mortgaged: