Traditional Culture Encyclopedia - Traditional virtues - Will farmland distributed in rural areas be reclaimed in the future? What will be withdrawn?

Will farmland distributed in rural areas be reclaimed in the future? What will be withdrawn?

Article 27 of the Rural Land Contract Law stipulates: "During the contract period, the employer shall not recover the contracted land. The state protects farmers' right to contracted management of land. It is not allowed to withdraw from the contracted management right of land as a condition for farmers to settle in cities. During the contract period, if the contracted farmers settle in the city, they will be guided and supported to transfer the contracted land management right within the collective economic organization or return the contracted land to the employer according to the principle of voluntary compensation, and they can also be encouraged to transfer the land management right. " That is to say, under normal circumstances, during the contract period, the cultivated land contracted by the contractor (cultivated land) will not be forcibly recovered unless the contractor voluntarily returns it.

Moreover, according to the provisions of the Rural Land Contract Law, during the contract period, if a woman is married, divorced or widowed and fails to obtain the contracted land in her new residence, the employer shall not take back her original contracted land. However, if the contractor's behavior violates the land management law, the rural land contract law and other legal provisions, then the employer has the right to take back the contracted cultivated land (cultivated land). For example, in the following circumstances, the employer may take back the contractor's contracted land. According to the rural land contract law, there are two ways of rural land contract: one is household contract; The other is bidding, auction and public consultation. According to the rural land contract law, cultivated land is contracted by household contract.

Article 16 of the Rural Land Contract Law stipulates: "The contractor of household contract is the farmer of the collective economic organization. Family members among farmers enjoy the rights and interests of contracted land equally according to law. " In other words, only members of collective economic organizations can obtain the right to contract agricultural land (cultivated land), and members of non-collective economic organizations have no right to contract rural agricultural land (cultivated land). However, it should be noted that although the contractor of agricultural land (cultivated land) must be a farmer of the collective economic organization, it does not mean that the farmer who has obtained the contracted management right of agricultural land (cultivated land) will lose the contracted management right of agricultural land (cultivated land) after moving out, and the employer can recover its contracted land. Because from the current national policies and laws, even if the contractor moves out of the household registration, it is impossible to forcibly recover his contracted land during the contract period.