Some suggestions on preventing the risk of Rural Land transfer

Guiding the circulation of rural land management rights is an important means to promote large-scale agricultural operation, develop modern agriculture and improve agricultural competitiveness, and is an important part of comprehensively deepening rural reform. With the gradual promotion of rural land transfer, the scale of rural land transfer is expanding year by year, and a variety of potential risks continue to appear. The General Office of the CPC Central Committee and the General Office of the State Council issued the opinions on guiding the orderly transfer of Rural Land Management Rights to develop moderate scale Agriculture and the Comprehensive implementation Plan for deepening Rural Reform. How to effectively avoid the risk of rural land circulation? The author puts forward three suggestions:

First, do a good job in confirming the authority and issuing certificates to guard against the risk of social stability. According to institutional economics, the clarity of property rights is the basis of market transactions. The newly issued "Comprehensive implementation Plan for deepening Rural Reform" puts the reform of the rural property rights system in the first place in five key areas. And clearly put forward that "the contractual management right of collective land should be implemented to every peasant household of this collective organization in accordance with the law." The essence of rural land transfer is the transaction of rural land management rights between different subjects. To do a good job in the certification of rural land rights, clarify the property rights of each agricultural land and stabilize land property rights is to reduce the risk for farmers. If the issuance of land rights lags behind, it will easily lead to land disputes and even social group incidents. First, widely publicize the importance of rural land rights certification, enhance farmers' awareness of land property rights, make farmers aware of the importance of rural land contractual management rights in farmers' production and life, and the possibility of making profits by relying on rural land management rights in the future. The second is to strictly enforce the procedures for the issuance of land rights, and strictly follow the procedures of investigation, verification, public examination, establishment of registration books, and issuance of certificates in the process of issuing certificates of rural land rights, so as to ensure the accuracy and clarity of land information and the objectivity and impartiality of ownership registration. The third is to properly resolve the dispute over the confirmation of power and certification. We should establish a dispute adjustment mechanism for the confirmation and certification of rural land rights, and strictly follow the relevant laws, regulations and policies such as the Rural Land contract Law and the pilot procedures for the Registration of Rural Land contractual Management Rights. Adhere to the principle of "maintaining stability, standardizing according to law, giving priority to land, democratic consultation, and taking measures in accordance with local conditions", and mediate and deal with contradictions based on evidence in accordance with the law. With reference to the spirit of relevant laws, regulations and policies, problems without a clear basis should be properly resolved by adhering to the principle of "respecting history, facing reality, and consulting on an equal footing" to ensure that the registration work for the confirmation of rights is carried out smoothly and orderly, so as to prevent the relevant risks of social stability caused by the work of confirming rights.

Second, standardize the circulation procedure and guard against the risk of disorderly circulation. Standardizing the procedure of land transfer in accordance with the law is the basis of risk prevention, because the regulation of contract transaction behavior in land transfer will reduce the risk of all parties in land transfer. At present, the spontaneous behavior of land transfer is in the majority, the transfer contract is not standardized, the interests of farmers are not guaranteed, and some grass-roots cadres pursue a high circulation rate for their own interests, regardless of reality, excessively promote land transfer by administrative means, resulting in a large scale. There are all kinds of potential risks. In order to guard against the risk of disorderly circulation, first, it is necessary to reasonably determine the scale. The experiences and lessons of land management in the period of social transformation in foreign countries show that under the conditions of certain social economic conditions, productivity level and management level, the excessive concentration of rural land and the excessive scale of agricultural production will produce the phenomenon of "diseconomy of scale". Therefore, the scale of land management is not the bigger the better, there should be a suitable scope. According to the regional characteristics, land conditions, crop varieties, the level of economic and social development and other factors, as well as the transfer of rural labor force, the level of agricultural mechanization and agricultural production conditions, study and determine the appropriate standards for large-scale operation of land in this region, generally, it is appropriate to use a scale of land management equivalent to 10 to 15 times the area of land contracted by local households. Second, it is necessary to standardize land transfer contracts. It is required to use a unified text of the land transfer contract to clarify the form, time limit, transfer price and the rights of both parties. Third, it is necessary to build a land transfer service platform. We will improve the three-level circulation service and management network of counties, cities, townships and villages, and ensure that there are special departments and staff responsible for acceptance, examination, examination and filing, to provide services such as information release, policy consultation, price evaluation and contract verification for both sides of the transfer, and to standardize the steps and procedures of rural land transfer. Fourth, we should improve the risk prevention mechanism of land transfer. On the one hand, we should vigorously develop the agricultural insurance system to reduce operational risks and natural risks; on the other hand, we should improve the risk fund system of land circulation or the system of prepayment of land lease fees in advance, so as to pay farmers' income and loss after business failure, and ensure to guard against the risk of farmers' income.

Third, strict use control to guard against food security risks. In the circulation of rural land, we must ensure that the use after the transfer remains unchanged, prevent the phenomenon of "non-agriculture" and "non-grain" after the transfer, and ensure the national food security. First, it is necessary to formulate plans for the utilization of agricultural land and the development of leading agricultural industries in accordance with the local main functional zoning and resources and environmental conditions, and formulate plans to guide the transfer of agricultural land to local advantageous industries in accordance with the principle of "agricultural land use and industrial concentration." Second, it is necessary to establish a strict access and supervision system for industrial and commercial capital to enter agriculture, and for industrial and commercial capital to lease contracted land for farmers, it is necessary to examine the qualifications of enterprises and their ability to guard against risks, especially to strengthen ex post supervision to strictly prevent changes in the use of transferred contracted land. Third, it is necessary to strengthen government responsibility and set a reasonable proportion or data of "non-agricultural" and "non-grain" land transfer as a hard index for local governments to assess, so as to ensure that the use of land will not change after land transfer and that the area planted for grain will not be reduced. Fourth, it is necessary to improve the agricultural subsidy policy and the incentive system for the transfer of land management rights. On the one hand, there is no subsidy for "non-agricultural" and "non-grain" agricultural land after transfer. On the other hand, specific measures for land transfer have been introduced to give certain policy support to scale operators who have not changed their land use after transfer, respectively from the aspects of finance, finance, infrastructure, etc., such as arranging a certain amount of special support funds for land transfer, and giving one-time subsidies to scale operators who meet the requirements according to the term of the transfer contract and the scale area of the transfer.