According to Article 26 of the Rural Land Contract Law: "During the contract period, the employer shall not recover the land. During the contract period, if the contractor's whole family moves into a small town to settle down, according to the contractor's wishes, it will retain its land contractual management right or allow it to be transferred according to law. " The basic principle of land contracting in China is that "the contractor takes the household as the unit (the management right is in the hands of a specific rural family, not a member), and the amount of land remains unchanged". In other words, as a member of the family, the household registration nature of college students will not change because of his personal change, and the amount of land contracted by their families will not change either.
Furthermore, although the household registration nature of college students has changed to "non-agricultural", their basic source of livelihood is still provided by rural families until they find jobs and get the living security of urban population.
According to Article 47 of the Land Management Law, land acquisition compensation is divided into land compensation fees, resettlement compensation fees and compensation fees for overground objects and young crops. The land compensation fee is six to ten times the average annual output value in the three years before the cultivated land is requisitioned. Farmland resettlement subsidy is calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before expropriation. However, the maximum compensation for resettlement per hectare of expropriated cultivated land shall not exceed 15 times of the average annual output value in the three years before expropriation.
Land compensation fees are paid to village collectives or villagers. In any case, college students who have not obtained other stable sources of livelihood have the right to get their due compensation for land acquisition and resettlement compensation after land acquisition, just like other villagers.
To sum up, the conclusion of the land acquisition lawyers is that it is wrong for village collectives not to give compensation for land acquisition when they treat rural college students whose household registration has moved to schools. Rural college students who have moved out of their household registration can get compensation for land acquisition if they meet the above conditions.
Source: Beijing Jingrun Law Firm
(The above answers were published on 20 16-07-2 1. Please refer to the actual situation for the current purchase policy. )
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