Promote the construction of rural property rights trading market in an orderly manner

The property right system is a basic economic system. In the new stage of the transformation from traditional agriculture to modern agriculture, promoting the construction of rural property rights transaction market and speeding up the construction of an important platform for the allocation of rural factor resources is the inevitable trend of the development of modern agriculture. it is also the need to deepen the reform of rural property right system. Based on the reform practice of the construction of rural property rights trading market in Hubei Province, this paper summarizes the successful experience of the development of rural property rights trading markets at home and abroad, and analyzes the restrictive factors existing in the construction of rural property rights trading markets in Hubei Province. this paper puts forward some countermeasures and suggestions for promoting the construction of rural property rights trading market in our country.

Analysis on the experience and restrictive factors of the Construction of Rural property right Trading Market in Hubei Province

In the practice of promoting the construction of rural property rights trading market, Hubei Province has always adhered to the overall principles of government promotion, legal guidance, clarity of property rights and transaction norms. We will actively explore the construction of a rural property rights trading market platform with multi-levels, wide coverage, multi-functions and excellent services. The first is to build a township grass-roots rural property rights trading service platform; the second is to build a comprehensive rural property rights trading platform at the city and county level; the third is to build a high-level, multi-functional and wide-coverage Wuhan rural comprehensive property rights exchange based on Hubei, radiating the middle and south, and facing the whole country; the fourth is to build a rural comprehensive property rights trading platform for networking and docking of Wuhan "81st" city circle.

Through the analysis of the current situation of the rural property rights trading market in Hubei Province, it is found that there are some restrictive factors in the orderly progress of the construction of the rural property rights trading market. (1) the ownership of rural property rights is not clear, especially the demutualization reform of rural collective property rights has just started; (2) the positioning of rural property rights trading market is different. the problems of resource reorganization and scientific setting of property rights trading market need to be studied; (3) the legal definition of rural property rights flow and mortgage is limited; (4) the intermediary service of rural property rights transaction is not perfect. (5) the coordination mechanism among the rural property rights trading markets has not been established; (6) the function expansion, network connection and supporting services need to be improved; (7) the rural property rights mortgage financing has not achieved a fundamental breakthrough, the problem of property rights financing is still prominent; (8) the risks of rural property rights transactions and dispute mediation mechanism have not yet been established. (9) the activity of rural property rights transaction is not enough, and the construction of capitalized high-end market of property rights transactions needs to be further strengthened; (10) the protection of rural property rights is inadequate and the social security mechanism is not perfect.

The experience and Enlightenment of the Construction of Rural property right Trading Market at Home and abroad

The rural property right of our country is based on the rural land and takes the agricultural land management as the core. Its unique right structure model of "land ownership-household contract right-farmland management right" and the universal problem of unclear ownership are relatively rare in other countries, which determines that the construction of rural property right market in our country contains many Chinese elements. there is no ready-made experience for reference.

From the domestic level, after beneficial exploration in recent years, the domestic models of Wuhan, Chengdu, Shanghai, Beijing and Hangzhou have begun to take shape and have certain characteristics. it provides useful enlightenment for the construction of China's rural property rights transaction market model: (1) to clarify the basis of rural property rights transactions on the premise of confirming the rights and shares. (2) pay attention to building the four-level service platform of provinces, cities, counties and townships to promote the smooth flow of rural property rights transactions; (3) improve the standardized transaction rules and expand the function of property rights services; (4) extend supporting services, create conditions for the capitalization of agricultural land and other property rights; (5) strengthen government supervision and reduce transaction risks.

From the foreign level, although there are great differences in the land system in different countries, the legal definition and transfer transaction of land and other property rights are consistent. From a worldwide point of view, it is an irresistible trend for modern agriculture to replace traditional agriculture. Scale operation is the external manifestation of this trend. The circulation and aggregation of land make the separation of land ownership and use rights become a common phenomenon. Objectively, an effective market is needed to efficiently realize this transformation and realize the price discovery of rural property rights. In countries with a relatively high degree of marketization, there is no market and market platform construction led by governments at all levels, but its circulation transactions remain orderly and efficient. The enlightenment of foreign experience to our country can be summarized as follows: the completeness of laws, the promotion of policies, the clarity of property rights, the development of intermediaries and the protection of interests. This has also become an important direction for the construction of China's rural property rights trading market in the future.

Countermeasures and suggestions on promoting the Construction of Rural property right Trading Market in China

(1) strengthening the guarantee of the legal system and constructing the legal system of rural property rights

According to the present situation of the circulation of rural property rights in our country, combined with the current relevant laws, the laws and regulations such as the Agricultural Law, the Land Management Law and the property Law are amended to establish the subject, procedure, condition, supervision and responsibility system of the exercise of rural property rights, and to ensure the legal maneuverability of the transaction of rural property rights through supporting administrative regulations and rules.

(2) strengthen government promotion and increase policy support

The first is to formulate an outline for the construction of the rural property rights trading market according to the actual conditions of various provinces and cities; the second is to ensure the input of the financial budget for the construction of the trading market and to support the improvement of the infrastructure of the property rights market and the conditions of the soft and hard environment; the third is to determine the scope of compulsory trading in the market. The variety of transactions forced through the market platform should be controlled to some extent, mainly for the collective "three capital" property rights and the change of land use property rights. Fourth, formulate preferential policies to give support.

(3) to establish and improve a multi-level and widely covered rural comprehensive property rights trading market system.

At the national level, we will focus on establishing and improving a national networked rural property rights trading market system with high-level, multi-function and wide coverage. At the local level, taking provinces and cities as units, build a unified rural comprehensive property rights trading market system supported by township basic service platform, based on county and city trading platform, led by provincial regional rural comprehensive property rights exchange.

(4) defining the functional orientation and unifying the construction standards

In the construction of the rural comprehensive property rights trading market, it is necessary to improve the transaction varieties, models and rules as soon as possible, focusing on carrying out supporting services such as policy consultation, information release, price discovery, resource allocation, investment and financing services.

(V) Clarify the subject of property rights and establish the basis for transactions

The most important thing is to comprehensively promote the registration and issuance of rural collective land rights, improve and perfect the "two certificates" system of land management certificates and management rights circulation certificates, and establish a rural property rights database.

(6) Actively exploring market-oriented reform of rural property rights system. First, vigorously promote the land shareholding cooperative system, encourage farmers to invest in land contracted management rights, and rural collective economic organizations to invest in collective mobile land and "four wasteland" and form land shareholding cooperatives. Second, under the premise of conforming to the planning and use control, explore the market transaction of collective construction land and homestead. Third, explore and promote the reform of the land acquisition system. The focus is on two reforms: (1) the transformation from "expropriation" to "requisition and purchase" of farmers 'land, changing the problem of government expropriation at low prices, selling at high prices and infringing on farmers' interests in disguised form;(2) allowing farmers to share most of the income after land requisition and purchase, which in principle cannot be lower than 60%.

(VII) Strengthening the supporting support of the rural property rights trading market system

1. Establish a supervision system for rural property rights trading market. For example, the provincial rural property rights trading market construction and supervision and management committee has been established at the provincial level, and each city and county has also set up a corresponding regulatory agency at the same level. Rural property rights supervision committee is responsible for overall planning, implementation of market construction and trading activities supervision.

2. Expand and improve the functional system of rural property rights. In addition to rural land management rights transactions, bidding, auction and hanging, it can also expand the scope of more trading varieties. Such as infrastructure bidding, public goods procurement,"agricultural orders"(similar to agricultural futures), agricultural products in stock, agricultural means of production, agricultural labor transfer labor, employment, etc.

3. Establish rural property rights transaction information service system. Explore the information service mode and information disclosure mode of rural property rights transaction. We will promote the construction of portal websites and trading platforms for rural land property rights trading markets, and gradually realize full-process online transactions such as application, bidding registration, online listing, online bidding and bid-winning publicity.

4. Establish a rural asset appraisal system. Together with financial institutions and evaluation institutions, explore rural asset resource evaluation methods and standards, set up access thresholds, and establish a library of rural property rights evaluation institutions. Implement the rural asset appraiser certification system and establish a multi-level, full-coverage, professional and standardized agricultural asset appraisal system.

5. Establish rural property rights financing system. We should innovate service methods, set up financial service windows in rural property rights trading centers, and support various forms of mortgage financing for rural property rights. Establish a risk-sharing mechanism for financial institutions to provide preferential loans, government financial discounts, and low-cost guarantees by policy agricultural guarantee companies.

6. We will improve the system for mediating disputes over rural property rights. We will further improve the dispute mediation mechanism of "village mediation, county-level arbitration, and judicial guarantee."

7. Build a new rural governance system. Innovate the rural grass-roots governance model, vigorously develop rural economic cooperatives, joint-stock companies and other economic organizations, separate from the village "two committees" administrative organizations, and strengthen the rural collective economy.

(VIII) Improving the risk prevention mechanism of rural property rights transactions

1. Establish a standardized supervision mechanism for the circulation of property rights such as rural land. The key point is to establish and improve the admission, withdrawal, supervision and risk guarantee fund system of rural land circulation.

2. Improve the risk prevention and compensation mechanism of rural property rights mortgage. Explore the establishment of agricultural guarantee companies led by the government and funded by banks, agricultural enterprises and credit guarantee institutions to guarantee and counter-guarantee mortgage loans for rural land management rights. Actively expand the coverage of agricultural policy insurance.