In rural Hubei, farmers' land rights and interests can not be realized according to the law due to the contract problem. In reality, because the rights cannot be registered and confirmed in the legal department in time, the interests of farmers with related interests will be damaged, and then irreconcilable disputes will occur between them. Let's take a look at the provisions of rural land contractual management rights in Hubei. 1. What are the provisions for the contracted management right of rural land in Hubei? Article 1 In order to stabilize and improve the two-tier management system based on household contract management, safeguard the legitimate rights and interests of the parties involved in rural land contract management, promote the development of agriculture and rural economy, and maintain the stability of rural society, according to the Property Law of People's Republic of China (PRC), the Land Management Law of the People's Republic of China, the Rural Land Contract Law of People's Republic of China (PRC) and the Land Contract Law of People's Republic of China (PRC). Article 2 These Regulations shall apply to rural land contract management activities within the administrative area of this province. The term "rural land" as mentioned in these Regulations refers to cultivated land, woodland, grassland, aquaculture water surface and other land used for agriculture according to law, which are collectively owned by farmers and owned by the state. The land contracting operation of state-owned agriculture, animal husbandry and fishery farms shall be implemented with reference to these regulations. Article 3 The legitimate rights and interests of rural land owners, contractors and transferees shall be protected by law, and no organization or individual may infringe upon them. Support and guide contractors to transfer land contractual management rights voluntarily and with compensation according to law, promote the rational flow and optimal allocation of production factors, and improve the level of agricultural scale operation. The contracted management of rural land shall protect and rationally utilize land resources, and the contracted land shall not be used for non-agricultural construction without legal approval. Article 4 The contracted management right of rural land shall have clear ownership, stable contracting right and free management right. In accordance with the principles of fairness, justice, openness, being conducive to scale operation and giving full play to land benefits, we will steadily promote the innovation of rural land contract management system and promote industrialization, urbanization and agricultural modernization. Fifth people's governments at all levels should strengthen the leadership of rural land contracting. Rural land contract management funds should be included in the fiscal budget at the corresponding level to be guaranteed. The administrative departments of agriculture and forestry of the sixth provincial people's government shall be responsible for guiding the rural land contract management in the province according to their respective duties. City, state, county (District) people's government land contract management departments and forestry administrative departments responsible for the administrative area of rural land contract management. Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in rural land contract management. The people's governments at the township level shall be responsible for the management of rural land contract within their respective administrative areas. Chapter II Establishment of the Right to Contracted Management of Land Article 7 The right to contracted management of land is obtained through contracting, except as otherwise provided by law. The land contract adopts the household contract method within the rural collective economic organizations. Rural land, such as barren hills, gullies, hills and beaches, which are not suitable for household contract, shall be contracted through bidding, auction and public consultation. Article 8 Cultivated land, woodland and grassland collectively owned by farmers and owned by the state and used by farmers according to law shall be contracted by rural collective economic organizations, villagers' committees or villagers' groups according to law. Members of rural collective economic organizations enjoy equal contracting rights to rural land contracted by their collective economic organizations according to law, and contract collective land with families as units. No organization or individual may deprive or illegally restrict the rights of members of rural collective economic organizations to contract land. Article 9 Members of this collective economic organization are those who meet one of the following conditions: (1) Persons who live locally and have their household registration in this collective economic organization; (two) both parents or one of them is a member of a collective economic organization, and my household registration is in the collective economic organization; (three) due to legal marriage and adoption, the household registration moved into the collective economic organization; (four) according to the national immigration policy, the household registration moved to the collective economic organization; (five) the original household registration in the collective economic organizations of active duty conscripts, in line with the relevant provisions of the state noncommissioned officers, colleges and secondary vocational and technical schools students; (six) other persons whose original household registration is serving a sentence in the collective economic organization and whose personal freedom is restricted according to law. To protect the members of rural collective economic organizations' right to know, participate, make decisions and supervise the land contracting, expropriation and requisition of their collective economic organizations according to law. Article 10 The contracting party shall contract in accordance with the statutory contracting principles and procedures. The term of the contract shall not exceed the statutory term. The contract scheme shall be approved by more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the villagers' representatives, and reported to the township land contract management institution for the record. Eleventh contracted farmland after the implementation of the project of returning farmland to forests, the original contract relationship unchanged, by the people's governments at or above the county level to recover and cancel the land contract management right certificate, truthfully issued a forest right certificate. Twelfth during the contract period, the contractor may submit a written application to the employer and voluntarily return the contracted land to the employer. If the contractor voluntarily returns the contracted land, it shall not request the contracted land again during the remaining contract period. The people's governments at or above the county level shall formulate corresponding policies to give compensation, subsidies and corresponding social security to farmers who voluntarily return contracted land. Article 13 Where rural land such as barren hills, gullies, hills and beaches is contracted by means of bidding, auction and public consultation, the consent of more than two thirds of the members of the villagers' assembly of the collective economic organization or more than two thirds of the villagers' representatives shall be obtained in advance, and a contracting scheme shall be formulated. Contracting rural land to units or individuals other than collective economic organizations shall also be reported to the people's government at the township level for approval. The contract awarding scheme shall include the following contents: the name, location, area and use of the land, the contract awarding method, the reserve price, the applicant's credit standing, business ability, contract term, etc. Under the same conditions, members of this collective economic organization enjoy the priority of contracting. Article 14 Where a contract is awarded by means of bidding, auction or public consultation, the employer shall examine the credit standing and business ability of the contracting applicant and confirm the contracting qualification. Fifteenth to tender, auction contract, the contract price is determined through public bidding. If a contract is signed through public consultation, the contract price shall be agreed by the employer and the contractor. Article 16 The employer shall sign a written contract with the contractor. This contract is made in quadruplicate, one for the employer, the contractor, the township land contract management institution and the land contract management department of the people's government at or above the county level. Article 17 The contract shall come into effect as of the date of establishment. After the contract came into effect, the contractor obtained the right to contract and manage the land. Eighteenth people's governments at or above the county level shall issue a certificate of land contractual management right to the contractor, register and confirm the land contractual management right. Article 19 The contract and the certificate of land contractual management right are the legal documents for the contractor to enjoy the right of land contractual management, and no organization or individual may detain or change them without authorization. The model text of the contract and the certificate of land contractual management right shall be formulated by the administrative department of agriculture of the provincial people's government in accordance with national standards. Twentieth contracts, land contractual management rights certificate register and land contractual management rights certificate records should be consistent; If the records are inconsistent, unless there is evidence to prove that the register is indeed wrong, the register of land contractual management right certificate shall prevail. Twenty-first the employer, the land contract management department of the people's government at or above the county level and the Township People's government shall improve the registration, filing, storage and inquiry of the contract scheme, contract, land contract management right certificate and related documents. Establish and improve the provincial, city, county and township four-level networked land contract information management service system to provide information services for the society. The contractor has the right to consult and copy the land contractual management right certificate register and other registration materials related to the contracted land, and the relevant departments and their staff shall provide convenience for it and shall not refuse or restrict it. Chapter III Protection of the Right to Contracted Management of Land Article 22 A contractor shall have the right to possess, use, profit from and transfer the contracted land according to law, and shall have the right to independently organize the production, management and disposal of products. Twenty-third contract period, the employer shall not recover the contracted land. During the contract period, if the whole family of the contractor moves into a small town to settle down, they have the right to retain their land contractual management rights or transfer them according to law; If the city with districts moves into non-agricultural registered permanent residence, the contracted land shall be returned to the employer. Collective economic organizations shall not damage the land contractual management rights of their members by resolutions of villagers' meetings, village rules and regulations or in any other way, and shall not make decisions on differential or discriminatory treatment. Twenty-fourth division of land contractual management rights obtained by household contract shall be settled through consultation within the family; If negotiation fails, it shall be handled in accordance with the arbitration award of the land contract arbitration commission or the judgment of the people's court and relevant agreements. Twenty-fifth during the contract period, if a married woman, son-in-law, divorced or widowed person has not obtained a new contracted land, the employer shall not take back its original contracted land. Women enjoy equal rights with men when collective economic organizations allocate compensation for land acquisition or implement joint-stock system reform. If a member of a rural collective economic organization obtains the contracted land in the place where he moves in after getting married or moving, the collective economic organization in the place where he moves in shall inform the collective economic organization in the place where he moves out. Twenty-sixth during the contract period, the employer shall not adjust the contracted land without authorization. Under any of the following circumstances, with the consent of more than two-thirds of the members of the villagers' meeting of the collective economic organization or more than two-thirds of the villagers' representatives, and with the approval of the land contract management department of the people's government at the township level and the people's government at or above the county level, the contracted land may be appropriately adjusted according to law: (1) The contracted land has been seriously damaged due to natural disasters; (two) due to the construction of public facilities, the establishment of public welfare undertakings to occupy the contracted land; (3) Failing to obtain the contracted land within the contract period; (four) because the land was expropriated by the state, the contractor voluntarily gave up economic compensation (except for the compensation for attachments and young crops on the ground) and asked to continue to contract the land; (5) Other circumstances stipulated by laws and regulations. Twenty-seventh the following land should be used as land for adjustment: (1) motor land reserved by collective economic organizations; (2) Land newly added by the collective; (three) the land voluntarily returned by the contractor according to law; (four) the land recovered by the employer according to law; (five) other land that can be adjusted according to law. Article 28 Land adjustment shall be carried out in accordance with the following procedures: (1) The employer shall, in accordance with the provisions of these Regulations, confirm the scope of eligible farmers, adjustment sequence, adjustment area and other matters, and draw up an adjustment plan; (two) publicity adjustment plan, publicity period shall not be less than fifteen days; (3) Convening a villagers' meeting or a villagers' representative meeting according to law, and adopting an adjustment plan with the consent of more than two thirds of the members of the villagers' meeting or more than two thirds of the villagers' representatives of the members of the collective economic organization; (four) the employer will report the adjustment plan to the township land contract management institution for examination and approval, and report it to the land contract management department of the people's government at the county level for approval; (five) the employer shall organize the implementation of the adjustment plan; (six) to sign a contract and go through the formalities for registration of change. Article 29 Where contracted land is expropriated and requisitioned according to law for public interests, the rural collective economic organizations and the original contractors shall be compensated in full and on time according to the principle of the same place and the same price, or the contracted land shall be adjusted appropriately. The specific measures shall be formulated separately by the provincial people's government. Before the expropriation of land, the purpose, scope, area, compensation standard, resettlement method and time limit of land expropriation compensation shall be announced in the village collective economic organization where the contracted land is located, and the opinions of the rural collective economic organizations and contractors of the expropriated land shall be listened to. After the land acquisition plan is determined, the competent department of land acquisition shall consult the land contract management department to change or terminate the contract of the expropriated land and go through the relevant procedures. Thirtieth expropriation and requisition of contracted land compensation fees shall be paid in full within three months from the date of approval of the land acquisition compensation and resettlement plan. Measures for the use and distribution of land compensation fees and resettlement subsidies shall be discussed and decided by members of collective economic organizations. The expenses paid to the land-expropriated farmers according to law shall be paid directly to the land-expropriated farmers. Illegal expropriation, requisition and occupation of farmers' contracted land are prohibited. The contractor has the right to refuse to pay compensation for illegal expropriation, requisition, occupation of land or unauthorized expansion of the scope of land acquisition without timely and full payment. Article 31 People's governments at or above the county level shall provide corresponding social security for landless farmers, provide vocational skills training free of charge, provide employment guidance services, provide loan interest subsidies for their self-employment and reduce related expenses. Article 32 The occupation of contracted land by public welfare undertakings and public facilities of village collective economic organizations shall be implemented with the consent of more than two-thirds of the members of the villagers' meeting of the members of the collective economic organizations and the consent of the contracting households, and after being reported to the land contract management department of the people's government at the county level for approval; The land-using unit shall give economic compensation to the original contractor, or the employer shall appropriately adjust the land to the original contractor. Article 33 The people's governments at or above the county level shall, according to the land consolidation plan, promote the centralized and contiguous renovation of rural land according to local conditions, improve the quality of cultivated land and build high-standard farmland. Collective economic organizations, contractors and transferees shall support and cooperate. Land consolidation shall not reduce the contracted land area of the contractor, and shall not recover the contracted land of farmers through land consolidation.