MySheen

Do you know what the term of rural land contract is?

Published: 2024-11-21 Author: mysheen
Last Updated: 2024/11/21, Do you know what the term of rural land contract is?

According to the land use, the land management law divides the land into agricultural land, construction land and unused land, in which agricultural land includes cultivated land, forest land, grassland, irrigation and water conservancy land and aquaculture water surface. According to the actual situation of rural land household contract in our country, the contract period and upper limit of rural land for different uses are stipulated.

The term of contract for cultivated land

Cultivated land refers to the land for growing crops, including irrigated paddy fields, Wangtian fields (also known as Tianpaddy fields), irrigated land, dry land and vegetable land. According to statistics, the total area of cultivated land in China is about 1.4 billion mu, a little more than 1 mu per capita.

The length of the land contract period should take into account the actual situation in rural areas of our country. The stipulation that the contract period of cultivated land is 30 years is in line with the provisions of relevant laws and the current practice in rural areas of our country, and is also consistent with the provisions of national policy.

Contract period of grassland and woodland

At present, the contracted area of grasslands in China is 208 million hectares, accounting for 76.9 percent of the available grasslands. In practice, some localities have implemented a 50-year contract period for grasslands.

China's forestry land covers an area of 3.85 billion mu, of which collective-owned forest land accounts for about 59%, and state-owned forest land accounts for about 41%. The contract period of woodland is generally 30 to 50 years.

The contract period of grassland and woodland is not clearly stipulated in the law of our country. The Land Management Law stipulates that the land collectively owned by farmers shall be contracted and managed by members of their own collective economic organizations to engage in planting, forestry, animal husbandry and fishery production. The term of land contract operation is 30 years.

In view of the particularity of woodland, many places have appropriately extended the contract period of woodland. In the process of legislation, many localities and departments have suggested that the contract period of forest land should be longer than that of cultivated land, and it is appropriate to stipulate 30 to 70 years. For some special tree species, the 70-year contract period is still not enough and should be longer.

The contract term stipulated in this Law is the legal time limit.

In view of the fact that the second round of contracting has been completed in most localities of the country, and the term of the second round of extension in some places is longer than that stipulated in this Law, in order to stabilize the existing rural land contracting relationship and prevent the re-contracting of land caused by the implementation of this Law, it will cause unnecessary confusion and better safeguard the legitimate rights and interests of the contractor. Article 62 of this Law makes special provisions on this situation: "before the implementation of this Law, it has been contracted in accordance with the relevant provisions of the State on rural land contracting, including if the contract period is longer than that stipulated in this Law, it shall remain in force after the implementation of this Law, and the land shall not be re-contracted."

In accordance with the provisions of this Law, it shall be determined by both parties through consultation in the light of the actual situation. For example, in practice, the contract period for general fish ponds is 1 to 3 years. For the management and development of the contracted "four wastelands", the relevant national policies stipulate that the contract period can reach 50 years at most.

 
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