Realize the long-term use right of rural land as soon as possible

On July 10, 1998, the Rural Land Policy Research Group of the Central Reform Institute submitted this proposal to the relevant departments and leaders of the Central Committee and the State Council, which immediately attracted the great attention of the relevant leaders during the preparations for the third Plenary session of the 15th CPC Central Committee. This article was referred to when drafting the "decision" of the third Plenary session of the CPC Central Committee, and directly adopted the important viewpoint of "giving farmers long-term and guaranteed land use rights."

The 15-year period of the first round of land contracting in rural China, which began in 1984, has expired one after another. In accordance with the spirit of the central authorities, many localities are carrying out the second round of land contracting, which will remain unchanged for 30 years. The central government's policy on the "30-year land contract period" is a major measure to speed up rural economic reform and stabilize the rural policy for a long time. At present, the reform and construction of rural land system in China has reached a new historical juncture. How to specify the central government's policy that "the implementation of the household contract system for collective land is a long-term policy" in the second round of land contracting, so as to realize the long-term use right of rural land as soon as possible, and to take effective measures to effectively protect farmers' land rights and interests and stabilize farmers' long-term expectations are the key issues related to the sustainable development of China's rural economy and long-term social stability.

1. Stabilizing the expectation of farmers' land management is the key to solve the contradiction between China's agriculture and rural economic development, and it is imperative to realize the long-term land use right.

1. The unstable operation of the household contract responsibility system has become an important factor restricting the development of agriculture and rural economy, and farmers should be given long-term and guaranteed land use rights as soon as possible.

Since the founding of New China, the development of agriculture and rural economy in China has been plagued by three basic contradictions: first, the pressure on the supply of agricultural products caused by the contradiction between people and land; second, there are many but poor farmers, few employment opportunities, and it is difficult to improve farmers' income; third, the agricultural foundation is weak, the input is small, and the stamina of agricultural development is insufficient. Since the reform and opening up in 1978, through the reform of rural production relations, its essence is the reform of the rural land system, especially the land use system, which has greatly increased farmers' enthusiasm for production, greatly improved the supply of agricultural products, and significantly increased farmers' income. long-term investment in agriculture has increased, and the stamina of agricultural development has been enhanced. Not only the three basic contradictions have been effectively alleviated, but also have a profound impact on China's economic and social transformation. As a result, the "household contract system for collective land" remains unchanged for a long time and has won the full affirmation of the central policy level. However, due to the differences in the understanding of the adaptability and vitality of the household contract responsibility system and the deviation in the actual operation caused by the interest drive, in fact, it leads to the unstable operation and transformation of the household contract responsibility system in some areas: (1) since the mid-1980s, there have been doubts about whether the household contract responsibility system can adapt to modern socialized large-scale production. And gradually developed into realistic actions to change the so-called "diseconomies of scale", "land division in bits and pieces", "narrow land does not adapt to modern production" and other contradictions.

As a result, in the process of "moderate scale operation", there is a tendency of land "returning to a large pile" and unified management in some places.

(2) the term of land contract is short and uncertain, and the relevant policies of the central government on stabilizing the household contract responsibility system have not been fully effectively implemented. Farmers' land use rights in most areas do not have a written contract or are not specifically described in the contract. A sample survey shows that only 13% of the farmers interviewed have written contracts for contracted land; less than 1% of farmers have land use warrants; and in some places, there are written contracts, but the contents of the contracts are quite incomplete, both legally and technically. (3) the periodic adjustment of land due to population change has greatly violated the land use right of farmers. The survey shows that since 1978, the land contracted by farmers has been adjusted an average of 3.01 times, and at least more than 60% of villages and 60% of farmers have experienced land adjustment. (4) the collective operation of agricultural production returned from the need of the so-called scale operation, including different practices such as "cooperative farm", "collective farm", "company + peasant household" and so on. At the same time, the rights and interests of farmers' land use will also be infringed by rural power figures at will, such as "termination of contract", "collective transfer, lease", "resumption of land use rights at a high price" and so on. (5) the distribution relationship among the state, the collective and the farmers has not been straightened out, the farmers' burden is too heavy, and the land income is seriously lost, which directly affects the farmers' expectation of land management. In the absence of protection of rights and interests, it is of little significance to stipulate the length of the land contract period. The above situation makes farmers have doubts about the central government's policy of extending the same policy for another 30 years, and the future of land system reform is uncertain, which affects farmers' expectations. If we do not thoroughly reform the rural economic system, especially the land use system, and stabilize and protect farmers' land use rights for a long time, it is possible to aggravate various contradictions in rural economic development, which should be soberly understood.

2. The duration, breadth and certainty of land rights are the key factors affecting whether farmers invest in land for a long time or not.

To extend the term of land contract, expand the connotation of farmers' land use rights, and give institutional confirmation and legal protection is the direction of the reform and construction of rural land system. The experience of various countries has proved that under any kind of land system, guaranteed land rights are very important for economic development. The key to the development of China's agriculture and rural economy is to promote the growth of agricultural investment, so as to improve the land output rate and ensure the stable growth of the supply of agricultural products and farmers' income. China has been in the primary stage of socialism for a long time, and the situation of rural production relations and productive forces determines that fully arousing farmers' enthusiasm for long-term investment in land has become a key element in the development of agriculture and rural economy. However, due to the fact that the land use rights of farmers in China are in fact short and unstable, and the scope of land use rights is too narrow and without legal protection, farmers' enthusiasm for long-term land investment is not high. On the basis of this, it can not be concluded that farmers are unwilling to accept the long-term institutional arrangement of land use rights. The survey shows that the relatively short land use right, but the scope of the right is wide and guaranteed, can also promote farmers to invest more in the land; on the contrary, even if the term of the land use right is (nominally) very long, but lack of security and the content of rights is less, it is not easy to guide the growth of agricultural investment. If farmers are given permanent land use rights, the land use rights are extended from a single farming right to de facto possession, use, income, distribution and limited disposal rights, and their rights are protected by system and law, more than 85% of farmers are willing to accept long-term institutional arrangements for land use rights and are enthusiastic about long-term investment in land. This shows that under any land system, the right of land is not a single right, but a collection of different rights. Therefore, the innovation of rural land system must make an overall design and arrangement for the duration, breadth and certainty of land rights.

3. The main contradiction of the rural land problem is the long-term and stable psychological needs of farmers and the continuous adjustment under the average possession requirements of collective members. Therefore, the urgent task is to formulate policies that not only meet the needs of farmers for equal rights, but also enable them to obtain long-term and stable land use rights. For the vast majority of farmers in China, agricultural land is the main source of their economic income, and they need to get long-term guaranteed land use rights. At the same time, they also recognize the need for sufficient land to support the new population. Moreover, in the traditional concept, "collective" members should naturally enjoy "collectively owned" land without distinction, and translate this concept into an institutional arrangement-the cyclical adjustment of land that must in fact be carried out with the growth of population. Farmers do encounter a dilemma when choosing the policy of land adjustment or not. The survey shows that farmers need not only long-term and stable land use rights, but also equal possession of land. Therefore, the reform and construction of land system must balance the relationship between farmers' long-term land use rights and average possession. The realistic way to solve this problem is to realize the innovation of land system under the framework of long-term stable "collective land household contract system". For example, while defining the subject of property rights, we should strictly define the boundaries of the members of the "collective" and limit the groups that enjoy the "contractual rights"; make final adjustments to the land before giving farmers the long-term guaranteed right to use the land, and, the distribution of land must predict the future land needs of farmers; make long-term planning for the development, distribution and use of exploitable agricultural land resources in the community Through the paid transfer of land use rights, gradually realize the marketization of land adjustment and so on. It can be expected that as China's population tends to zero growth, the pressure to adjust land will gradually ease. At the same time, through the recognition of the new land laws and regulations and the land system, people can change the concept of land possession and use, and allocate land resources through the market, so that the new system of farmers' long-term land use rights can be truly implemented. and can fully reflect its cornerstone role in the sustainable development of agriculture and rural areas.

4. seize the opportunity, take various ways to extend the land contract period in the second round of land contracting, and make a stable transition to the long-term land use right. China's household contract responsibility system is gradually promoted from the policy level, although there are periodic adjustments and other behaviors, but this system has been basically stable for 15 years. It is true that a few areas have not adjusted the land contracted by farmers in 15 years. In addition, experiments that remain unchanged for 30, 50 and 70 years are being carried out in some parts of the country. Therefore, the long-term use of farmers' land is gradually recognized at the political and economic levels. At the same time, the major contradictions and problems in the operation of the land system have been fully exposed, and have accumulated a lot of experience in solving contradictions and problems in practice.

What is particularly important is that with the deepening of China's rural economic reform and the stable development of rural policies, it has laid the most important conditions for the implementation of farmers' long-term land use rights. Judging from this: at present, taking the second round of rural land contracting as an opportunity, the time is ripe to implement long-term institutional arrangements for land use rights in rural areas. Seizing this opportunity will greatly accelerate the process of reform and innovation of the rural land system.

Second, take the second round of land contracting as an opportunity, adjust measures to local conditions and take various forms to realize the steady transition to the long-term land use right.

5. To implement the long-term land use rights, farmers' land contractual management rights should be sufficiently long and guaranteed to remain unchanged for at least 50 years, or even 70 or 100 years. Before the first round of land contracting is about to expire, the central government clearly pointed out that the land contract will remain unchanged for another 30 years, and the contract period for development production such as the construction of forest land and the management of the "four wasteland" can be longer. In the second round of land contracting work, the Central Committee reiterated once again that stabilizing land contracting relations is the core content of the party's and rural policies. "the implementation of the household contract system for collective land is a long-term policy." The long-term implementation of the right to the use of rural land is the embodiment and institutionalization of the above-mentioned policies of the central government. The so-called long-term land use right is to ensure that the household land contractual management right has sufficient time limit, breadth and certainty. The term of land contractual management right is not only the core content of the long-term implementation of land use right, but also the key factor to protect farmers' land rights and stabilize farmers' long-term expectations. The duration of farmers' land use rights must be long enough to at least ensure that they or the next generation can recoup their investment. In view of the successful experience of trial land contract management for 30 or 50 years in many rural reform experimental areas, and the successful practice that the second round of land contract has been completed in some areas, it is first stipulated that the right to contracted management of rural land shall remain unchanged for at least 50 years, basically ensuring the length of two generations. In view of the effective implementation of the policy of "paid transfer of land for 70 years" in special economic zones and eastern coastal areas, consideration can be given to introducing the policy of "70 years unchanged" into the contracted management of rural land, projects and land with a long production cycle and a development nature, the contract period can be "unchanged for 10 years". This can completely dispel the worries of farmers and greatly enhance their enthusiasm for long-term investment.

6. Adjust measures to local conditions and adopt various forms to realize the steady transition to the long-term land use right. At present, all parts of the country are carrying out the second round of land contracting on the basis of the expiration of the first round of land contracts for 15 years. For this reason, we should seize this opportunity and adopt various forms to realize the long-term transition to the rural land use right according to the different conditions of different localities. First, for areas where "land contracting will remain unchanged for 30 years", generally speaking, in order to maintain the continuity of the policy, the 30-year contract should be maintained and extended after expiration. However, if the broad masses of farmers have strong requirements and the conditions in all aspects are relatively mature, they should also be allowed to remain unchanged for 50 or 70 years on the basis of 30 years; for areas where the second round of land contracting has not yet begun, where the basic conditions are ripe, we should support and encourage the implementation of a long-term system of land use rights, formulate and sign corresponding contracts, and achieve one-time implementation. For many pilot areas across the country, all pilot programs that are in line with the long-term policy of land use rights should remain unchanged. Second, different types of land should be allowed to implement different contract periods. For example, the basic farmland will be implemented for 50 years, the hillside land will remain unchanged for 70 years, and the development and use rights of the four wasteland can be implemented for a longer period, so as to stabilize farmers' long-term expectations and enhance their enthusiasm for long-term investment in land. Third, different areas should be allowed to implement different periods of land contracts. For example, due to the lack of non-agricultural employment opportunities in the underdeveloped central and western regions, it is necessary to implement a longer-term land contract system. Fourth, for areas with large regional differences, it is allowed to implement "one place, two systems" under the premise of "no change for 30 years," and different contract periods can be implemented within the areas. in some rural areas, it can be 30 years, or 50 years, or 70 years.

7. The poverty-stricken areas in the central and western regions should be allowed to take the lead in implementing the long-term policy of land use rights. Compared with the more developed eastern coastal areas, land is of special significance to farmers in the central and western regions, especially in the central and western poor areas. Land is not only the most important factor of production, but also the main social security for farmers. Under the premise of stabilizing the household contract responsibility system, taking the lead in implementing the policy of long-term land use rights in the poverty-stricken areas of the central and western regions is easy to win the support and support of the broad masses of farmers and reduce the cost and risk of implementation. It is also easy to mobilize farmers' enthusiasm for production and investment and form the basis for rural economic development and social stability in the central and western regions, which is an important measure to kill more than one stone.