July 7, 2007QQ, No. 5462*****, nicknamed "years * *", Anhui Bengbu, 25 year old man, who named Han Tailin (a pseudonym) said: about 20 years ago, the village for my transfer a piece of land, then is uneven, weeds stones, No one shows any interest in, now the chief said, the land belonging to the village of all teams, can without my consent, allowing other people to give 20000 yuan, to build a house in my ground, is this how to maintain the right, whether it was legal?

   Answer: first, rural homestead is refers to the villagers for the housing and housing buildings for living and facilities land, housing land and the necessary ancillary land. "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; wherein, relates to the occupation of agricultural land, go through the formalities for approval in accordance with the provisions of article forty-fourth." At the same time: "rural villagers sell, rental housing, and then apply for homestead, shall not be approved."

   Second, rural village plots, retention Hill refers to the assigned to individual farmers to use a small amount of land and hills or mountains to the rural collective economic organizations. Plots, remain mountain farmers use long-term return, species of plants belonging to peasant individual, as a supplementary source of personal life and income of farmers. In the consolidation and development of the collective economy at the same time, we should encourage and support farmers to farm private plots, hilly land, the increase in personal income, active rural economy. In accordance with the law, engage in private plots, farmers have to use the right, but not the sale, lease and transfer the homestead. On the reservation is not unauthorized building.

   In third, the homestead, plot and hilly land belongs to the collective, individual farmers only have the right to use. "Land management law" eighth article: "land in rural areas and the outskirts of the city, in addition to the owned by collectives, belongs to peasants' collective ownership; house sites and private plots of land, hilly, belongs to peasants' collective ownership". Chinese agricultural collective economic organizations according to the policy of long-term use of land allocated to the members. Farmer plots is a household sideline production, can make full use of the surplus labor and labor time, the production of various agricultural and sideline products, meet the family life and the needs of the market, increase the income of the rural economy, active. Their production is a necessary complement to the collective economy. Plots of quantity decisions in the number of arable land per capita. 1955 November published "agricultural production cooperatives demonstration draft constitution" stipulates: per person per capita arable land plots shall not exceed 5%. The people's commune movement, some places will land collectivization gradually restored, after 1960. In 1981 March, the CPC Central Committee, the State Council forwarded the State Agriculture Commission "on the positive development of rural diversified business report" in regulation, can suit one's measures to local conditions, appropriate to expand the number of plots, feed, open land, cultivated land area of not more than 15% local maximum. Also provides a Chai Shan and barren places, can be allocated to the appropriate number of hilly land, to encourage farmers to afforestation. In the pastoral areas, collective farmers can transfer small retention pasture, for raising a number of privately owned livestock. Plots, hilly grassland and retention are belongs to all its members, only the right to use, shall not be leased, transfer or sale of, also be allowed for housing and other non production purposes. Their products to their own domination, countries did not sign the agricultural tax. Privately owned livestock herders to all and domination, in around the provision shall be exempted from tax, points not not purchase. The right to operate land, hilly grassland, retention of protection by the state, shall not be arbitrarily occupied.

   Fourth, according to the relevant provisions of the state, citizens can not be explained hill, plots, residential land as an inheritance. Farmers operate the plots, hilly land revenue, such as crops, fruits, herbs and so on, for individual farmers all. The farmer died, the proceeds can be used as the heir to inherit the legacy. Because our country farmer household plots, hilly land, the rural collective economic organizations are according to the household population, labor ability, takes the peasant household as the unit distribution, generally does not make too many adjustments, in order to maintain its stability. The family of individual members of death, does not interfere with other members of the family business and the use of hilly land, plots.

   Han Tailin finally said: "today I and a lawyer about this problem, only you to answer the most detailed, providing (data) is the largest, thank you!"              (blogger Advisory mobile phone 18321864965)