The meaning of land

I. General provisions of the Land Management Law

(A) the legislative purpose of the land management law

1, strengthen land management. Our country has a large population and a small land, so we should cherish and make rational use of every inch of land. Therefore, land management must be strengthened. The management mentioned here is the administrative management based on the legal system.

2. Adhere to the socialist public ownership of land.

3. Protect and develop land resources, make rational use of land and effectively protect cultivated land.

4. Promote the sustainable development of social economy.

(2) Land ownership

Land ownership is a form of people occupying land under certain social conditions, and it is a system of who owns and controls land and the fruits of land production. Land ownership plays a central role in a country's economic system.

1, China implements socialist public ownership of land.

The first paragraph of Article 2 of the Land Management Law stipulates: "People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working people." Land owned by the whole people is land owned by the state; Land collectively owned by working people is land collectively owned by farmers. The provisions of the Land Administration Law on land ownership are formulated in accordance with the Constitution. Article 6 of China's current Constitution stipulates: "People's Republic of China (PRC)'s socialist economic system is based on the means of production and socialist public ownership, that is, ownership by the whole people and collective ownership by the working people." Article 9 stipulates: "Mineral resources, water, forests, mountains, grasslands, wasteland, beaches and other natural resources. Everything belongs to the country, that is, all the people; However, forests and mountains, grasslands, wasteland and beaches that are collectively owned by law are excluded. "

2. For a long time, it has been unclear who is the representative of state-owned land ownership. The second paragraph of Article 2 of the newly revised Land Management Law stipulates: "It belongs to the whole people, that is, the ownership of state-owned land is exercised by the State Council on behalf of the state." In the future, local people's governments will still have great power in land management and will still play an important role. However, only the State Council, the Central People's Government, can truly exercise land ownership on behalf of the country.

3. The state's right to expropriate collectively-owned land.

The right of national expropriation is the inherent right of the state to use all industries for public purposes, and it is the inherent right of a sovereign state. When the state exercises this power, it usually gives reasonable compensation. In our country, the right of land expropriation refers to the state's expropriation of land collectively owned by farmers for the needs of public interests. Expropriation, in a certain sense, is compulsory purchase.

(3) land use system

1, land transfer system

Paragraph 3 of Article 2 of the Land Management Law stipulates: "No unit or individual may occupy, trade or illegally transfer land in other forms. Land use rights can be transferred according to law. "

2, the system of paid use of state-owned land

Paid use of state-owned land refers to the behavior that the state, as the land owner, provides land use rights to units and individuals in a paid way. At present, the forms of paid use of state-owned land are: first, the transfer of the right to use state-owned land; The second is the lease of state-owned land; Third, the right to use state-owned land can be transferred, leased or mortgaged according to law.

3. Land use control system

The so-called land use control refers to a system in which the state formulates land use planning, delimits land use areas and determines land use restrictions in order to ensure the rational utilization of land resources and the coordinated development of economy, society and environment. Owners and users of land must use the land in strict accordance with the purposes determined by the state, and offenders will be severely punished. In order to effectively implement the land use control system, the second, third and fourth paragraphs of Article 4 of the Land Management Law clearly stipulate: "The state formulates a general land use plan, delineates land uses, divides land into agricultural land, construction land and unused land, strictly restricts the conversion of agricultural land into construction land, controls the total amount of construction land, and implements special protection for cultivated land." The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface. Construction land refers to the land for building buildings and structures, including urban and rural housing and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land and military facilities; Unused land refers to land other than agricultural land and construction land. "Units and individuals that use land must use land in strict accordance with the purposes determined in the overall land use planning. "

Second, the ownership and use right of land.

The second chapter of the Land Management Law stipulates the ownership and use right of land. The ownership and use right of land is an important part of the land legal system, and the confirmation of land ownership has an important impact on the development, utilization and protection of land.

(1) Land ownership

According to the provisions of the Constitution and laws, China implements socialist public ownership of land. Land in People's Republic of China (PRC) belongs to the state or collective, and there is no private ownership of land.

1, national land ownership

According to the provisions of relevant laws, the following land belongs to the state:

(1) Urban land.

(2) Land owned by the state in rural areas and urban suburbs.

2. Collective land ownership

According to the provisions of Article 10 of the Land Management Law, there are three situations in the management of rural collectively owned land:

First, according to the law, land collectively owned by farmers is managed by village collective economic organizations or villagers' committees.

Second, due to various reasons, the land has been owned by farmers of two or more rural collective economic organizations in the village, and should be managed by the rural collective economic organizations or villagers' groups according to the current situation.

Third, the land that has been collectively owned by township (town) farmers is managed by township (town) rural collective economic organizations. This mainly refers to the land occupied by township (town) enterprises or the land originally owned by agricultural production cooperatives. This part of the land is managed by the township (town) rural collective economic organizations.

(2) Land use right

1, state-owned land use right

Article 9 of the Land Management Law stipulates that state-owned land can be sold and allocated to units or individuals for use according to law, and units or individuals can obtain the right to use state-owned land according to law and exercise the right to use it within the scope and limits prescribed by law.

2. Collective land use right

The land management law stipulates that the right to use collective land can be determined for individual use, but also for unit use. This provision legally recognizes the common phenomenon of township enterprises using collectively owned land in rural areas of China, and provides legal guarantee for the further development of township enterprises and the revitalization of rural economy.

(3) Land registration system

1, farmers' collective land ownership registration

The Land Management Law stipulates two different registration situations of land collectively owned by farmers. The first situation is the registration of farmers' collective land ownership. Land collectively owned by farmers is registered by the people's government at the county level, and certificates are issued to confirm ownership. The term "cataloguing" here refers to recording the ownership, address, area, use and grade of land in the land register. The land register is a legally binding document. Without legal procedures, no one may change the contents recorded in the land register. Certification means that the land registration authority issues collective land ownership certificates to farmers' collective land owners who apply for registration in accordance with the provisions of relevant laws and regulations. Only by obtaining the collective land ownership certificate can we legally confirm the ownership of the subject to the peasant collective land. Collective land ownership certificate is the right certificate of farmers' collective land. The ownership of land collectively owned by registered farmers is protected by law, and no unit or individual may infringe upon it.

The second situation is the registration of the right to use the land collectively owned by farmers. Paragraph 2 of Article 11 of the Land Management Law stipulates: "If the land collectively owned by farmers is used for non-agricultural construction according to law, it shall be registered by the people's government at the county level, and a certificate shall be issued to confirm the right to use the construction land." Under normal circumstances, land collectively owned by farmers is used for agricultural construction. If agricultural construction projects that truly meet the procedures and conditions prescribed by law need to use land collectively owned by farmers, they should go through land registration in addition to going through the formalities according to law. Collective land users shall apply to the land administrative departments of the people's governments at the county level, and the people's governments at the county level shall register and issue collective land use certificates to confirm the right to use construction land.

2, the state-owned land use right registration

The third paragraph of the Land Management Law stipulates: "The state-owned land used by units and individuals according to law shall be registered by the people's government at or above the county level, and the certificate shall be issued to confirm the right to use it; Among them, the specific registration and certification authority for state-owned land used by central state organs is determined by the State Council. " According to this regulation, units and individuals who use state-owned land according to law shall apply to the people's governments at or above the county level for the registration of land use rights. The people's governments at or above the county level, after examination, believe that they meet the statutory conditions and procedures, register them, issue state-owned land use certificates and confirm the right to use state-owned land.

3, woodland, grassland, water, beaches and other special land registration.

Paragraph 4 of Article 11 of the Land Management Law stipulates: "The confirmation of the ownership or use right of forest land and grassland, and the confirmation of the use right of water surface and beach farming shall be handled in accordance with the relevant provisions of the Forest Law of People's Republic of China (PRC), the Grassland Law of People's Republic of China (PRC) and the Fisheries Law of People's Republic of China (PRC) respectively."

4. Land change registration

Article 12 of the Land Management Law stipulates that if the ownership and use right of land are changed according to law, the land change registration formalities shall be handled. Land registration can be divided into initial registration and change registration. Generally speaking, the initial registration is the registration of land ownership, and the change registration is the registration of land ownership and use right and land rights changed according to law. An important function of land registration is to ensure the safety of land circulation and land transaction and safeguard the legitimate rights and interests of obligees. Therefore, when land ownership and use change, land change registration procedures should be handled to ensure the openness and credibility of land registration.

5, the legal effect of land registration

Article 13 of the Land Management Law stipulates: "The ownership and use right of legally registered land shall be protected by law, and no unit or individual may infringe upon it." Only registered land property rights, including ownership, use right and other rights, can have publicity and credibility, and can legally confront the third party. The provisions of Article 13 of the Land Management Law legally guarantee the legal effect of land registration. Land ownership and use right registered according to law. No unit or individual may infringe upon it.

(4) The right to contracted management of land

The rural household contract responsibility system is the basic form of rural collective economic ownership stipulated by the Constitution. Legally speaking, farmers' land contractual management right is farmers' right to use agricultural land. According to the provisions of Article 14 and Article 15 of the Land Management Law, the contractual management right of land collectively owned by farmers includes the following main contents:

Under normal circumstances, land collectively owned by farmers is contracted by members of collective economic organizations. It can also be contracted by units or individuals other than the collective economic organization according to the actual situation.

If the land collectively owned by peasants is contracted by units or individuals other than the collective economic organizations, it must be agreed by more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives, and reported to the township (town) people's government for approval.

The contracted land can only be used for planting, forestry, animal husbandry and fishery production. Those who change the contracted land into construction land without authorization shall bear corresponding legal responsibilities.

The household contract responsibility system is set at 30 years. The central government has now made it clear that in order to protect the legitimate rights and interests of farmers who contract land, the new round of land contracting will remain unchanged for 30 years. If it is contracted by a unit or individual other than a collective economic organization, the term of contracted operation shall be stipulated in the contract, and there is no restriction by law.

Third, the overall land use planning.

According to the requirements of land use control, the land management law improves the legal status of the overall land use planning, and requires that the overall land use planning be used as the basis to determine the land type, delimit the land use, control the total amount of construction land, and prevent the loss of cultivated land.

(A) the overall land use planning

The overall land use planning refers to the long-term and strategic overall layout and arrangement of all land use in a certain area according to the demand of national economic and social development and the local natural, economic and social conditions. The fundamental function of the overall land use planning is to take land use as the center, optimize the land use structure and promote the healthy development of various industries.

1, the preparation of the overall land use planning

(1) compilation basis of overall land use planning

[1] national economic and social development plan. The national economic and social development plan is the overall outline of the economic and social development of the whole country or a certain region. The overall land use planning cannot be divorced from the national economic and social development planning.

[2] Requirements for land consolidation and resource and environmental protection. "Land improvement" refers to comprehensive land improvement nationwide, including land consolidation, land reclamation, land development and other activities. Its purpose is to improve the quality of land, increase the effective arable land area, and realize the balance and comprehensive development and utilization of land throughout the country.

[3] Land supply capacity. The so-called utilization of land supply capacity refers to the limited development and utilization of land in a certain area in a certain period of time according to the natural conditions and social environment of land.

[4] The demand for land for various constructions.

[5] The overall land use planning compiled at the next higher level.

(2) Ensure that the cultivated land in the administrative area is not reduced.

The overall land use planning prepared by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall ensure that the total amount of cultivated land within their respective administrative areas does not decrease.

The total amount of construction land in the overall land use planning compiled by local people's governments at all levels shall not exceed the control index determined by the overall land use planning at the next higher level, and the amount of cultivated land shall not be lower than the control index determined by the overall land use planning at the next higher level.

(3) The principle of overall land use planning.

[1] Strictly protect basic farmland.

Basic farmland refers to the cultivated land that cannot be occupied and occupied for a long time in the planning period of basic farmland protection areas according to the demand of population and national economy for agricultural products and the prediction of construction land occupation in a certain period. Including cultivated land that cannot be occupied for a long time and cultivated land that cannot be occupied during the planning period of basic farmland protection areas.

[2] Improve the land utilization rate

Only by fully tapping the potential of existing land and improving the utilization rate of land can it be possible to meet the needs of many people for agricultural products with a small amount of land resources.

[3] Protect the ecological environment

When compiling the overall land use planning, we should consider protecting and improving the ecological environment, rationally arranging the cultivated land area, preventing the deterioration of the ecological environment, land desertification, soil erosion and land pollution from damaging the natural environment and farming conditions of the land, and ensuring that land resources provide long-term sustainable development impetus for China's social and economic development.

[4] Implement the dynamic balance of total cultivated land.

Implementing the dynamic balance of the total cultivated land, the Land Management Law stipulates a large number of measures. The most important thing is to implement the compensation system for cultivated land occupation, which must be compensated according to the principle of "how much is occupied and how much is planted". Therefore, in the preparation of the overall land use planning, we should consider the requirements of dynamic balance of the total amount of cultivated land to ensure that the total amount of cultivated land in this administrative region does not decrease.

2, the overall land use planning approval

The overall land use planning shall be examined and approved at different levels. Specifically:

(1) The overall land use planning of all provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the State Council for approval.

(two) the overall land use planning of the cities where the people's governments of provinces and autonomous regions are located shall be reported to the people's governments of provinces and autonomous regions for review; Approved by the people's governments of provinces and autonomous regions and reported to the State Council for approval.

(3) The overall land use planning of cities with a population of over 1 10,000 and cities determined by the State Council shall be submitted to the State Council for approval after being audited by the people's governments of provinces and autonomous regions.

(4) Except for the above situations, other overall land use plans shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval.

(five) the overall land use planning of a township (town) may be approved by the people's governments of cities and autonomous prefectures with districts authorized by the provincial people's government.

3, the revision of the overall land use planning

The Land Management Law stipulates that the revision of the approved overall land use plan must be approved by the original approving authority. That is, the overall land use plan approved by the people's government at the same level, and the people's government at the same level is responsible for approving the revision of the plan. Without the approval of the original authority that approved the overall land use planning, or without the approval of the original examination and approval authority, the revision of the overall land use planning has no legal effect. Without approval according to law, the land use determined in the overall land use planning shall not be changed. If it is changed without authorization, it shall bear corresponding legal responsibilities.

(2) Annual land use plan

1, total control of construction land

The first paragraph of Article 24 of the Land Management Law stipulates: "People's governments at all levels should strengthen the management of land use plans and control the total amount of construction land."

The so-called total control of construction land refers to the system that the state controls the scale of construction land from the total amount for the indiscriminate occupation of agricultural land by construction projects. People's governments at all levels should strengthen the planning and management of land use, and only construction projects that are included in the planning scope and do not exceed the control indicators determined in the overall land use plan and the annual land use plan can occupy land.

The total control of construction land is mainly implemented by two planning means. One is the formulation and implementation of the overall land use planning, and the other is the annual land use planning management.

2, the annual plan of land use

The annual land use plan refers to the annual specific arrangement of the land use quantity of various departments of the national economy according to the requirements of the overall land use plan and the national economic and social development plan. It is an important measure to protect China's land resources, coordinate the use of land by various departments and realize the total control of construction land.

Fourth, farmland protection.

In order to protect China's scarce arable land resources, rationally develop and utilize land and promote the sustainable development of social economy. A new chapter has been added to the Land Management Law, which specifically provides for the protection of cultivated land.

(A) cultivated land occupation compensation system

1, compensation for farmland occupation

The compensation system of cultivated land occupation refers to the system that the units that use cultivated land for non-agricultural construction with the approval of the relevant state departments are responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land they occupy, or pay reclamation fees in accordance with relevant regulations, and the relevant departments organize the reclamation of new cultivated land.

2. Dynamic balance of total cultivated land.

The dynamic balance system of total cultivated land proposed by the central government is embodied in Article 33 of the Land Management Law, which stipulates that the total cultivated land shall not be reduced. The fundamental purpose of implementing the compensation system of cultivated land occupation is to ensure that the total amount of cultivated land does not decrease, that is to say, the compensation system of cultivated land occupation is an important measure to realize the total amount of cultivated land does not decrease.

(B) the basic farmland protection system

The so-called basic farmland, according to the provisions of Article 2 of the Regulations on the Protection of Basic Farmland promulgated by the State Council 1998 in February, refers to the cultivated land that cannot be occupied according to the demand for agricultural products by population and socio-economic development in a certain period and the overall land use planning. Protecting basic farmland is of great significance to meet the demand of urban and rural people for agricultural products and the development of national economy.

The Land Management Law uses different concepts about agricultural land, such as agricultural land, cultivated land and basic farmland. Agricultural land is a big concept, all land except construction land and unused land belongs to agricultural land, including cultivated land, woodland, grassland, farmland water conservancy land, aquaculture water surface and so on. Cultivated land belongs to the scope of agricultural land and is a kind of agricultural land; Basic farmland belongs to cultivated land, but not all cultivated land is basic farmland. Generally speaking, only the cultivated land included in the basic farmland protection area belongs to the basic farmland.

1, the scope of basic farmland According to the provisions of Article 34 of the Land Management Law, the following cultivated land should be included in the basic farmland protection area:

(1) the cultivated land in the grain, cotton and oil production base approved by the relevant competent department of the State Council or the local people's government at or above the county level;

(two) cultivated land with good water conservancy and soil and water conservation facilities, and low-and medium-yield fields that are undergoing transformation plans and can be transformed;

(3) Vegetable production base;

(4) experimental fields for agricultural scientific research and teaching;

(five) other cultivated land that should be included in the basic farmland protection areas as stipulated by the State Council.

The basic farmland protection areas designated by provinces, autonomous regions and municipalities directly under the Central Government shall account for more than 80% of the cultivated land within their respective administrative areas.

2, according to the "Regulations on the Protection of Basic Farmland" and the provisions of relevant laws and regulations, the basic procedures for delineating basic farmland protection areas are:

(1) Examination and approval of basic farmland protection area planning.

(2) release quantitative indicators of basic farmland protection.

(3) Zoning and demarcation.

(4) Set protective signs.

(5) Inspection and acceptance.

3. Cultivated land designated as basic farmland protection areas shall be subject to a special protection system.

According to the relevant provisions of the Land Management Law and the Regulations on the Protection of Basic Farmland, there are mainly the following measures:

(1) Strictly control the occupation of cultivated land. In addition to energy, transportation, water conservancy and other national key construction projects can not avoid the basic farmland protection areas, other non-agricultural construction projects shall not occupy cultivated land in the protection areas. If it needs to be occupied, it must be approved by the people's government with the right of approval in accordance with the examination and approval procedures and authority stipulated in the Land Management Law.

(2) Land requisition approval authority. Article 45 of the Land Management Law stipulates that the requisition of basic farmland must be approved by the State Council.

(3) Restrict the occupation of cultivated land in basic farmland protection areas by development zones, and the establishment of development zones shall generally not occupy cultivated land in basic farmland protection areas.

(4) if the non-agricultural construction approves the occupation of cultivated land in the basic farmland protection area, the compensation for the occupation of cultivated land shall be implemented. That is, the cultivated land with the same quantity and quality occupied or the cultivated land reclamation fee paid.

(5) It is forbidden to occupy cultivated land in the basic farmland protection zone to build kilns and graves, or to build houses, dig sand, quarry, mine and borrow soil on cultivated land without authorization; It is forbidden to occupy basic farmland, develop forestry and fruit industry, dig ponds to raise fish, and change cultivated land in basic farmland protection areas into non-cultivated land without authorization.

(3) Save land and control the waste of cultivated land.

1, save land and prohibit illegal occupation of land.

According to the provisions of the Land Management Law, the law puts forward the following requirements for land use:

(1) When using land for non-agricultural construction, the principle of economical use must be implemented. According to the requirements of construction projects and the actual situation of technical capacity, non-agricultural construction projects can develop and utilize wasteland, and are not allowed to occupy cultivated land; The poor land with poor soil fertility can be developed and utilized, and the fertile land with high soil fertility is not allowed to be occupied.

(2) In view of the widespread activities of building kilns and graves on cultivated land and engaging in other activities that damage the conditions of cultivated land in rural areas, the Land Management Law stipulates that it is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.

(3) The Land Management Law stipulates that it is forbidden to occupy basic farmland to develop forestry and fruit industry and dig ponds to raise fish, and offenders will bear corresponding legal responsibilities.

2. Control the behavior of idle cultivated land

After obtaining the ownership or use right of cultivated land, any unit or individual must develop and utilize it in accordance with the relevant provisions of laws and regulations, and shall not be idle or barren.

(1) If the cultivated land that has gone through the examination and approval procedures and obtained through legal procedures has not been used within one year, and the cultivated land can be cultivated and harvested, it shall be recovered by the unit or individual that originally cultivated the cultivated land, or cultivated by the land-using unit.

(two) if the non-agricultural construction occupies cultivated land, and the construction has not started for more than one year, the land idle fee shall be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the central government.

(three) if it has not been used for two consecutive years, the government at or above the county level shall recover the land use right of the land use unit without compensation with the approval of the original approval authority. Once the land use right is recovered, the land-using unit loses the right to continue using the land.

(4) If the original ownership of the cultivated land whose land use right has been recovered belongs to the peasant collective, it shall be handed over to the original rural collective economic organization to resume farming.

(5) If a unit or individual contracted to operate cultivated land abandoned cultivated land for two consecutive years, the original contracting unit shall terminate the contract and recover the contracted cultivated land, and the unit or individual contracted to operate cultivated land shall lose the right to contract cultivated land.

(four) the development and utilization of unused land.

1, the state encourages the development of unused land.

The state encourages units and individuals to develop unused land and takes measures to support it.

However, the development of unused land must meet the following conditions:

(1) The position and location of the developed and unused land must conform to the overall land use planning.

(2) The development of unused land must be based on the premise of protecting and improving the ecological environment and preventing soil erosion and land desertification.

(3) According to the geological and soil conditions of unused land, if unused land is suitable for priority development of agricultural land, it should be given priority development.

2. Environmental protection requirements for reclaimed unused land

Article 38 of the Land Management Law puts forward the requirements of ecological environment protection for the development of unused land, and article 39 further stipulates the restrictive conditions for reclamation of unused land.

According to the law, the reclamation of unused land must do the following in terms of ecological environment protection:

(1) The reclamation of unused land must be scientifically demonstrated and evaluated in advance, so as to fully estimate the possible ecological environment damage caused by reclamation and take preventive measures in advance.

(2) Reclamation of wasteland, destruction of forests and grasslands, reclamation of land around lakes and occupation of river beaches are prohibited.

(3) For the land that has been reclaimed and destroyed the ecological environment, the land should be returned to forest, grassland and grazing in a planned and step-by-step manner in accordance with the requirements of the overall land use planning.

Verb (abbreviation of verb) construction land

(A) the acquisition of construction land

1, state-owned land shall be used for construction land in principle.

Paragraph 1 of Article 43 of the Land Management Law stipulates: "Any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law." The second paragraph stipulates: "The term" state-owned land applied for use according to law "as mentioned in the preceding paragraph includes land owned by the state and land originally owned by farmers' collectives requisitioned by the state. "Because of the strict examination and approval procedures for applying for the use of state-owned land, it is conducive to controlling unreasonable occupation of cultivated land. At the same time, after the collective land is converted into state-owned land, the state will regulate the primary land market and collect paid land use fees such as transfer fees, which will help to rationally allocate land resources, accumulate funds for finance and serve the modernization drive.

2. Use collectively owned land for construction.

The first paragraph of Article 43 of the Land Management Law also stipulates: "Unless the establishment of township enterprises and villagers' construction of houses are approved by law to use the land collectively owned by farmers of this collective economic organization, or the construction of township public facilities and public welfare undertakings is approved by law to use the land collectively owned by farmers. "Now most of the land ownership units are still the basic accounting units in the people's commune period, and they are the areas controlled or exercised by the production team; There is also a part of the land directly owned by the village farmers collectively. At this time, the land ownership unit is the village, and its representative is the village farmers' collective economic organization or villagers' committee.

3, agricultural land into construction land for approval

(1) Land occupied by roads and pipeline projects approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, involving the conversion of agricultural land into construction land, shall be examined and approved by the State Council.

(2) "If agricultural land is converted into construction land for the purpose of implementing the overall land use planning within the scope of construction land for cities, villages and market towns determined by the overall land use planning, it shall be reported to the original authority that approved the overall land use planning in batches according to the annual land use plan."

(three) the occupation of land by construction projects other than the above two cases, involving the conversion of agricultural land into construction land, shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

(two) the use of state-owned land for construction.

1. When conducting feasibility demonstration in the examination and approval stage of a construction project, the land administrative department may, according to the overall land use plan, annual land use plan and construction land standards, review the relevant matters of construction land, and put forward written opinions to provide a basis for the comprehensive decision-making of the government and the planning department.

If the government and the planning department need to use state-owned construction land after approving the construction project, the construction unit shall submit an application for land use to the land administrative department of the people's government at or above the county level with the relevant documents stipulated by laws and administrative regulations, and report it to the people's government at the same level for approval after examination by the land administrative department.

It is suggested that the project land approval management involving agricultural land approval should generally be carried out after the approval procedures for agricultural land conversion.

2. Construction land acquisition management

Land expropriation refers to the process that the state transforms the land originally owned by the collective into state-owned land according to law for the needs of public interests.

(1) Land requisition approval authority.

Article 45 of the Land Management Law stipulates that the expropriation of collectively owned land for construction must be approved by the people's government at or above the provincial level in accordance with the following examination and approval authority.

Requisition of basic farmland, and requisition of cultivated land other than basic farmland exceeding 35 hectares; Requisition of other land exceeding 70 hectares shall be approved by the State Council.

Expropriation of land beyond the above provisions shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.

Where agricultural land is requisitioned, the formalities for examination and approval of agricultural land conversion shall be handled first, and no further examination and approval of land acquisition shall be handled; If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government approve the conversion of agricultural land within the scope of land acquisition examination and approval, they shall go through the formalities of land acquisition examination and approval at the same time, and no longer go through the formalities of land acquisition examination and approval separately. However, if the land area involved in the approval of agricultural land conversion exceeds its land acquisition approval authority, it belongs to the land acquisition approval authority of the State Council, and the land acquisition approval shall be conducted separately, which shall be reported to the State Council.

(2) Land requisition announcement system.

Articles 46, 48 and 49 of the Land Management Law all stipulate that land expropriation should be made public. /TD & gt；