What exactly does Article 48 of the Land Administration Law stipulate for rural land expropriation?

  I've always heard that Article 48 of the Land Management Law strictly protects the rights and interests of our farmers' friends, but do you really know what Article 48 of the Land Management Law stipulates? Director of Beijing Jingkang Law Firm, co-director of northwest university of politics and law Institute of Property Rights and Land System, and chief lawyer distinguished professor Shi Xining of northwest university of politics and law Institute of Rule of Law came to talk with you.

  Rural land expropriation is mainly based on the Land Management Law of the People's Republic of China. We always hear the phrase "to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed". So where did this sentence come from? What are the specific meanings?

  Land Management Law of the People's Republic of China

  Article 48

  The expropriation of land should be given fair and reasonable compensation to ensure that the original living standards of landless farmers are not reduced and their long-term livelihood is guaranteed.

  Interpretation by lawyers

  In the process of land expropriation, the compensation for our farmers' friends must be fair and reasonable, which is one of the most basic principles. Fairness and rationality are reflected in: on the one hand, the living standards of our farmers and friends whose land has been expropriated cannot be lowered; on the other hand, our income sources cannot be cut off because of land expropriation.

  The second paragraph

  Land expropriation shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for land-expropriated farmers.

  Interpretation by lawyers

  Land expropriation compensation must be paid to us in full within the specified time, and all kinds of compensation expenses must not be less, and special arrangements should be made for our social security expenses.

  Section 3

  The standard of land compensation fee and resettlement subsidy for expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through formulating and publishing the comprehensive land price of the area. The formulation of regional comprehensive land price should comprehensively consider the original land use, land resource conditions, land output value, land location, land supply and demand, population and economic and social development level, and adjust or re-publish it at least once every three years.

  Interpretation by lawyers

  The compensation standards for land compensation fees and resettlement subsidies shall be determined by provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices. The determination of comprehensive low prices shall consider the above-mentioned factors and be adjusted or published at least every three years to ensure the vital interests of our farmers and friends.

  Section 4

  Compensation standards for expropriation of land other than agricultural land, ground attachments and young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The rural villagers' houses should be compensated fairly and reasonably in accordance with the principle of compensation before relocation and improvement of living conditions, and the wishes of rural villagers should be respected, and fair and reasonable compensation should be given by rearranging the homestead for building, providing resettlement houses or monetary compensation, and compensation should be paid for the relocation and temporary resettlement expenses caused by expropriation, so as to protect the rural villagers' living rights and legitimate housing property rights and interests.

  Interpretation by lawyers

  Compensation standards for land, ground attachments and young crops shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' housing requisition must follow the principles of compensation before relocation, improvement of living conditions and respect for villagers' wishes, give fair and reasonable compensation to our farmers' friends and protect their legitimate rights and interests. In addition, we should also compensate for the relocation, temporary resettlement and other expenses caused by the expropriation.

  Section 5

  The local people's governments at or above the county level shall incorporate the land-expropriated farmers into the corresponding social security system such as providing for the aged. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as endowment insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security fees for landless farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

  Interpretation by lawyers

  The law clearly stipulates that our land-expropriated farmers' friends should be included in the corresponding social security system such as endowment insurance, and the social security fee should be used for the social insurance payment subsidies such as endowment insurance for our land-expropriated farmers.

  Director Shi reminded

  Demolition is a long-term struggle, which requires comprehensive professional knowledge, control of the overall situation and rational use of laws and regulations. Even a lawyer with many years of litigation experience is constantly learning and updating in order to calmly analyze and make a correct judgment in a case. For those who study illegally, this is a huge subject, which can not be achieved only by short-term cramming. Therefore, when encountering any demolition problems, you may wish to ask a lawyer and carry out professional rights protection under the guidance of a lawyer.