Why should village-level organizations participate in farmers' land acquisition compensation?

Because the land compensation fee in the land requisition compensation belongs to the rural collective.

Regulations on the Implementation of the Land Management Law of the People's Republic of China

Article 26

Land compensation fees are owned by rural collective economic organizations; Compensation fees for ground attachments and young crops belong to the owners of ground attachments and young crops.

Resettlement subsidies for requisitioned land must be earmarked for special purposes and shall not be used for other purposes. Need to be resettled by rural collective economic organizations, resettlement subsidies paid to rural collective economic organizations, managed and used by rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy shall be paid to the individual or used to pay the insurance premium of the resettled person with the consent of the resettled person.

City, county and township (town) people's governments shall strengthen supervision over the use of resettlement subsidies.

Extended data

1, the land compensation fee belongs to the village collective. As an abstract subject, the village collective symbolically owns the collective land ownership of its members. According to the jurisprudence, when the village collective loses all the land, it naturally has all the compensation for land acquisition after the land is expropriated.

With regard to the specific punishment for compensation for land expropriation, Article 19 of the Organic Law of Villagers' Committees stipulates: "The following matters involving the interests of villagers must be submitted to the villagers' meeting for discussion and decision before handling: (3) The use of the village collective economic income."

Village collectives have the right to decide the distribution and use of land acquisition compensation in the form of villagers' meetings or villagers' representative meetings. Village collectives can use collective income to start collective enterprises and develop public welfare undertakings, and the income can be distributed to households or to villagers who contract land management. Village collectives should recognize the legality of all their land acquisition compensation according to law.

If the village collective distributes the compensation for land acquisition, the ownership of this part of the compensation for land acquisition will be transferred according to law, and the rights and obligations between the collective and its members will arise from the allocation resolution.

2, the ground attachments and young crops compensation fee belongs to the owner of the ground attachments and young crops. In the process of land expropriation, the advance income of land users decreases, resulting in the loss of rights and interests. It is reasonable to compensate all prepaid income, which is the same as the principle of equal rights and obligations in the economy.

"Others" here refers to the contracted operators of expropriated land, including subcontractors. The income of villagers is monetary compensation for the loss of their property, so the compensation for attachments and young crops on the ground is the same as that of other villagers' property, and has no other special meaning in nature.

In practice, after budgeting the three compensation fees, the land users will pay the ground attachments and young crops compensation fees together with other expenses to the village collective, which will handle them again. Because the ownership of money transfers with possession, at this time, the ground attachments and young crops compensation fees are dominated by the village collective possession, and the villagers do not own the ownership of the fees, forming a legal creditor-debtor relationship with the village collective. The village collective, as the debtor of the villagers who enjoy the compensation for young crops, must return the expenses to the villagers, and the villagers can also exercise the right of recourse from the village collective.

3. Regarding the ownership of resettlement compensation fees, Article 26 of the Regulations on the Implementation of the Land Management Law stipulates: "If the people who need resettlement are resettled by rural collective economic organizations, the resettlement subsidies will be paid to the rural collective economic organizations and managed and used by the rural collective economic organizations; Resettlement by other units, resettlement subsidies paid to resettlement units; If there is no need for unified resettlement, the resettlement subsidy will be paid to the individual or the insurance premium of the resettled person will be paid with the consent of the resettled person. "

Resettlement subsidy, commonly known as "labor resettlement", is a living resettlement for farmers who have the ability to work and lose their working objects. It has a strong personal nature, but the amount and payment standard of resettlement subsidy are not affected by the amount of land acquisition, and its standard considers the personal factors of the resettled farmers more.

Baidu Encyclopedia-People's Republic of China (PRC) Land and Land Management Law Implementation Regulations

Baidu encyclopedia-land expropriation compensation