2008Year November 5thJiangsu Xuzhou, a friend of Zhong Bengen (a pseudonym) sent to the mobile phone SMS Consulting: one was issued in 1952 the rural homestead certificate still has the force of law? Two is now the homestead area exceed the prescribed standards in accordance with the law, it should be how to deal with?

   Answer: first, the land reform law of the people's Republic of China (by, the eighth session of the Central People's Government Committee Chairman Mao Zedong in June 28, 1950 June 30, 1950 the Central People's government issued a decree promulgated) thirtieth article: "after the completion of land reform, the people's government issued a certificate of ownership of land, and acknowledge that all land owners free business, the sale and rental of the land rights." That is to say, the land belongs to the private ownership of the peasants, the homestead nature also is privately owned, the certificate is also a natural ownership certificate, but not the land use right certificate.

   Second, draft by September 27, 1962 eighth session of the CPC Central Committee Tenth Plenary Meeting of the "rural people's communes Act Amendment" (also known as "sixty") the twenty-first stipulation: "the production team within the scope of the land, all belong to the production team. The production team all the land, including members of the plots, hilly land, residential land and so on, are not allowed to rent and sale." Since then, ownership and use right of rural homestead phase separation, of which, the ownership of the production team, the right to use membership. System of land right in the "constitution" was confirmed in 1975. Therefore, by your hand to save the land certificate in 1952, will have no legal effect. However, this certificate is of great value to the collection, recommended a good save, this is the answer to what the word.

   Third, "land management law" sixty-second article: "one rural household can own a house, the homestead area shall not exceed the provisions of the province, autonomous region, or municipality directly under the central government standards. Rural villagers to build residential township (town), shall comply with the overall land use planning, and to use the original and the village of vacant houses. The use of land for building houses, by the township (town) people's government audit, approved by the people's government at the county level "," rural villagers sell, rental housing, and then apply for homestead, shall not be approved." In accordance with the law, your homestead area shall not exceed the prescribed standards of Jiangsu province.

   Fourth, Nanjing City Land Resources Bureau cadastral Office Deputy Director Zhou Ronggen introduced, according to the calculation of the statistical data in 2007, the rural household residential land in Nanjing city reaches as high as 793.3 square meters, far exceeding the national standard limit of 150 square meters, is 5.9 times the Nanjing city under the suburb residential area of 135 square meters, even by the standards of 175 square metre suburbs, far more than 3.5 times. The Ministry of land and resources issued notice, requirements before the end of 2009 land use warrants are issued to farmers, in Jiangsu province are research homestead super standard solution.

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