When receiving consultations from a large number of friends, many friends asked questions about rural hukou, and today Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land Of Northwest University of Political Science and Law, decided to give you a detailed explanation on some of the impact of rural hukou on compensation for demolition and resettlement in expropriation cases.
Judging from the development of recent years, the development of rural areas is getting faster and faster, getting better and better, and the development of large cities has been almost developed, and the development of rural areas has become the mainstream. At present, the expropriation policy of rural collective land is also more and more in place.
So what is the difference between rural areas with homesteads and houses, rural hukou and no rural hukou, when it comes to compensation for land requisition and demolition? Today, Mr. Shi Xining, director of Beijing Jingkang Law Firm and co-director of the Institute of Property Rights and Land System of Northwest University of Political Science and Law, analyzed the impact of rural hukou on compensation for land requisition and demolition.
Hot topics in this issue
With the state attaching great importance to the three rural issues, the support for rural development is getting stronger and stronger, and the land acquisition and demolition is becoming more and more reasonable and rich. But whether you can get the full compensation depends on the situation. In particular, whether you have a rural hukou directly determines the amount of land compensation. In terms of land compensation fees, there is a big difference between non-rural households and rural hukou, so let's take a look.
For the village's agricultural hukou, there is no doubt that the compensation is full. For non-agricultural hukou, it must be treated in two situations.
The first is the hukou moving into small towns.
According to Article 26 of the Rural Land Contracting Law of the People's Republic of China, if during the contract period, the whole family of the contracting party moves into a small town and settles down, it shall retain its land contract management right or allow it to transfer the land contract management right in accordance with the law in accordance with the wishes of the contracting party. In this case, since the land contracting right is still retained, the land compensation is also full.
The second is the migration of hukou into the city.
During the contract period, if the whole family of the contracting party moves into the districted city and converts to a non-agricultural household registration, the contracted cultivated land and grassland shall be returned to the contracting party. If the contracting party does not return it, the contracting party may reclaim the contracted cultivated land and grassland.
In this case, since the land contracting right is recovered, then the land compensation is not shared.
Resettlement subsidy fee: Non-rural households cannot get it
The resettlement subsidy fee is mainly for the rural hukou, that is, the compensation only available to the members of the rural collective economic organization. There is no such thing as an agricultural hukou in a non-village, and resettlement is not considered.
Housing demolition compensation: There is compensation regardless of whether there is a rural hukou or not, but there is a difference in the compensation for homesteads
Compensation for the demolition of houses on rural homesteads is the compensation for attachments on the ground mentioned in the Land Management Law.
This part of the compensation, whether you have a rural household registration or not, as long as it is your house, you have the ownership of the house, then you have the compensation for the demolition of the house.
However, the compensation for the homestead where the house is located must be a rural hukou. When you lose your rural hukou, you also lose the right to use the homestead.
If demolition and resettlement is involved, and another homestead is allocated to build a house, then the non-village agricultural hukou will not re-obtain the qualification for homestead allocation.
Rural land and related compensation, mainly for members of rural collective economic organizations, whether you have membership in rural collective economic organizations, it determines whether you own land and related compensation, or the amount of compensation. Do you get the idea?
Lawyer Shi reminded
Demolition and relocation is a long-term struggle that requires comprehensive and professional knowledge, control of the overall situation, and rational application of laws and regulations. Even a lawyer with many years of litigation experience is constantly learning and updating in order to calmly analyze and make correct judgments in a case. For non-law scholars, this is a huge subject that cannot be achieved by relying on a short period of bad repair alone. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and practice professional rights protection under the guidance of a lawyer.