Part of the capital goes to the countryside to change the use of agricultural land to wipe the edge of land policy.

In recent years, standardized urban capital going to the countryside has promoted the transformation and development of agriculture and improved quality and efficiency. But at the same time, some projects of capital going to the countryside are out of shape, playing the "edge ball" of land policy, wearing the hat of building agricultural ancillary facilities, but changing the use and nature of agricultural land, not only facing great policy and legal risks. it also implies a contradiction with the interests of farmers.

The capital went to the countryside "out of shape"

The risk of illegal land use is high.

In the suburbs of a certain place, a capital rural project was built in 2011, and the owners have invested more than 30 million yuan, focusing on the development of leisure tourism on the basis of characteristic benefit agriculture.

However, when the owner Zhang Tianxin (a pseudonym) was interviewed, he told the reporter that his heart was always "hanging" and not down-to-earth, because in order to solve the problem of land use for the project, the project was built in the name of temporary production housing and agricultural ancillary facilities. the actual construction is the theme restaurant and commercial management facilities, encountered the land red line, the risk is very big.

It is understood that although this capital project to the countryside signed a land transfer contract, the owner built a house on the contracted land. Zhang Tianxin said: "in the past, the land was abandoned, but due to the relatively high rent, farmers acquiesced in the behavior of repairing houses, but there was a time limit for the lease of land, the change of the use of agricultural land was also illegal, and the contract expired. What should farmers do when they ask for the return of the land in its original form?" We are not sure what to do when the land law enforcement department comes to investigate and deal with it and asks for the demolition of the house. "

Coincidentally, another capital project to the countryside interviewed by this reporter is also "wearing" the hat of building agricultural ancillary facilities, which is actually engaged in permanent business construction. Project owner Liu Hai (pseudonym) said that the company engaged in leisure fishing sightseeing agriculture, if you want to make money, kitchens, restaurants, accommodation facilities are also necessary. But now the agricultural project land is difficult, basically can not approve the construction land target, can only play the "edge ball".

According to some grass-roots cadres, some capital projects to the countryside are flexible in order to break through the restrictions on land use, such as building cement columns to vacate buildings from the place, so that the project seems to meet the requirements of the policy that the buildings do not destroy the farming layer; some build the so-called Sunshine Restaurant, which retains a certain amount of green space and ponds, which does not seem to have changed the use of the land. Some build wooden houses, and if they are investigated, they can also be demolished at a low cost. These are the usual practices of regulation and avoidance.

The demand for land can not be met.

There are worries about capital going to the countryside

During the interview, the reporter found that in some areas, the frequent violation of land use for capital going to the countryside is not only related to the non-standard investment of the project, deliberately touching the red line of land in order to seek benefits, and at the same time, the demand for some reasonable supporting construction land cannot be met, so that some projects have to "go around the policy."

In the urban suburbs and rural areas, land resources are even more scarce, and many agricultural enterprises and professional cooperatives reflect that to develop urban agriculture, it is necessary to build supporting commercial and service facilities such as rural tourism and farm music, but at present, there is a shortage of agricultural construction land, which affects the interactive effect of "primary and tertiary industries".

"to engage in characteristic benefit agriculture, we cannot just talk about agriculture. In order to give full play to the functions of agricultural leisure, tourism, and tourism, extend the industrial chain, and tap added value, we all need to build supporting houses and facilities, but agricultural construction land is strictly controlled. If you touch the red line, the risk is great." Liu Mu (a pseudonym), general manager of an agricultural enterprise company in the west, said.

In a large flower-growing county, a professional cooperative transferred nearly 200 mu of land to grow flowers. in order to prolong the preservation period of flowers and sell them in the wrong season, the cooperative had planned to build a standardized freezer and ancillary housing covering an area of 2 mu, but when applying for land demand, it was found that these facilities could not handle the property right certificate, and the cooperative terminated the project construction because of fear that there was no policy guarantee for capital investment.

The reporter learned that according to the relevant regulations, the adjustment of the agricultural structure can allow the construction of a certain number of temporary production houses on agricultural land without handling property rights. But what is temporary? How long is the temporary period? There is no clear stipulation, and all places are "crossing the river by feeling the stones." With the increasing volume of agricultural investment, the contradiction of land use may be exposed more and more.

Strengthen the management of agricultural land

Break down legal and policy obstacles

People in the industry believe that the supervision and risk prevention of industrial and commercial enterprises leasing contracted land for farmers should be strengthened, and all localities are required to have a clear upper limit control over industrial and commercial enterprises leasing contracted land for a long time and in a large area. We will establish and improve the system of qualification examination, project examination, and risk guarantee funds, and make provisions on the conditions of land lease, business scope, and penalties for violations of regulations. There should be a clear upper limit on industrial and commercial capital leasing of contracted land for farmers, and qualification examination and item examination should be carried out. In particular, it is necessary to prevent industrial and commercial capital from changing the agricultural use of the land without authorization after renting contracted land in the countryside, and to engage in "non-agriculturalization" or "circle without use", so as to destroy the comprehensive production capacity of agriculture.

At the present stage, it is very necessary to issue special policies for urban capital to go to the countryside. On the one hand, it highlights the role of "standardization and guidance" of the policy, and sets the bottom line of cultivated land protection, industrial access, environmental protection, and the distribution of farmers' interests. Urban capital is required to follow the requirements of industrial development planning, clear management direction, and avoid capital squeezing small farmers. On the other hand, it is also necessary to create conditions for urban capital to go to the countryside in the fields of land, taxation and finance, link the industrial development of urban and rural areas, and realize the co-construction, sharing and common development of urban capital and farmers.

In terms of specific policies and measures, we can strictly control the use of collective construction land, strictly approve the use of collective construction land according to planning, carry out strict land use examination, and prevent capital from going to the countryside to occupy land to build houses and engage in housing and real estate development and sale in a disguised form. At the same time, we will promote full coverage of urban and rural planning, coordinate agricultural industrial development, urban and rural construction, and land use planning, and make clear the reasonable space for urban capital to go to the countryside to participate in all kinds of construction. Appropriate consideration should be given to the reasonable matching demand for the construction land of agricultural projects and the reasonable indicators of construction land should be provided to support the development of urban agriculture.