Ascertain the right of land: let farmers have "reassurance" as soon as possible

The determination of contracted land rights is related to the vital interests of hundreds of millions of farmers, is an important basis for implementing the long-term land contracting relationship, and an important prerequisite for carrying out the circulation of land contractual management rights. it is also an important basis for mediating contracting disputes, carrying out mortgage guarantee and implementing compensation for land expropriation. Both the 18th CPC National Congress and the third Plenary session of the 18th CPC Central Committee have put forward clear requirements for the registration of rural land contractual management rights, and the No. 1 document of the CPC Central Committee issued for six consecutive years has highlighted the importance and urgency of the registration work.

At present, the pilot project of registration and certification of the right of contracted management of rural land is being carried out in an orderly manner. A total of 2065 counties across the country have carried out pilot projects, involving 15000 townships and 240000 villages, with a confirmed area of more than 300 million mu. However, with the expansion of the scope of the pilot project, the problem that laws and policies need to be improved has become more and more prominent: as the specific policy of "staying unchanged for a long time" is not yet clear, some cadres and masses have doubts about "how long to control power." After the separation of the three rights, the right relationship among ownership, contract right and management right has not been clarified. The lack of legal basis for the confirmation of the legal person status and membership status of rural collective economic organizations affects the determination of the ownership of collective land and the development of "confirming shares" of contracted land. In some places, there are feelings of fear of difficulties due to problems left over from history, and they worry that the confirmation of land rights will "wake up sleeping children" and lead to conflicts.

How to solve the problems such as the confusion of the ownership of contracted management and the imbalance of farmers' rights and interests by improving relevant laws and regulations, so that farmers can have "reassurance" as soon as possible? At the fortnightly consultation forum held by the CPPCC National Committee a few days ago, the committee members discussed and made suggestions on "the registration of rural land rights and related legal issues and countermeasures."

Definition of rural collective economic organizations and their members--

In particular, special groups, such as extramarital daughters, newborns, door-to-door sons-in-law and late relocation, have a strong demand for membership in collective economic organizations.

In preparation for this meeting, the Central Committee of the Kuomintang Revolutionary Committee and the motions Committee of the CPPCC National Committee went to Guangdong and Zhejiang to conduct special investigations from the end of May to the beginning of June. The survey found that the identification of members of rural collective economic organizations is not only a basic problem in the reform of rural property rights system, but also a common problem encountered in the registration work of confirming rights.

China's "Rural Land contract Law", "Land Management Law" and many other laws have mentioned "rural collective economic organizations", but there is no special legislation on rural collective economic organizations at the national level. The legal status, rights and obligations of rural collective economic organizations are not clear.

"at present, the rural population is diversified, and there are constant disputes over land demand, equity distribution, and share dividends, especially special groups such as extramarital daughters, newborns, door-to-door sons-in-law, late relocation and other special groups. There is a strong demand for membership in collective economic organizations." Fu Kecheng, deputy director of the proposal Committee of the CPPCC National Committee, who led the research team, said: we should step up the formulation and promulgation of the "Law on Rural Collective Economic organizations," clarify the legal status of rural collective economic organizations, clarify the membership of collective economic organizations, and straighten out the management system of rural grass-roots organizations. In view of the long legislative process, consideration can be given to making principled and directional provisions on the qualification of collective economic organizations and members in the relevant documents.

Committee member Chen Zhangliang, who participated in the survey, held that both Guangdong and Zhejiang provinces have issued local laws and regulations on rural collective economic organizations, but at the national level, legislation should also be stepped up to "not have one law in one place."

"separation of rights" of rural land--

It needs to be clear how to separate the contract right from the management right, and whether the management right can be mortgaged, guaranteed and transferred again.

The committee members believe that at present, there is an urgent need to clarify the contents of the "separation of land ownership, contracting rights, and management rights" at the legal level, especially on how to separate the contracting rights from the management rights. whether the right of management can be mortgaged, guaranteed and transferred again.

Committee member Chen Xiwen said: the formulation and practice of defining ownership, stabilizing the right to contract, and activating the right of operation have existed in many places for a long time. This does not change the collective ownership of rural land, does not affect farmers' land contract rights, improves the efficiency of the use of land management rights, and is generally welcomed by farmers. He believes that there are two issues that need to be clarified in law: "first, the contracted management right of land is the usufruct, while the land management right separated from the contractual right is the real right or the creditor's right? This involves whether the separate land management right can be mortgaged and guaranteed. The second is whether the land management right after the transfer can be transferred twice by the lessee. "

Committee member Zhang Bojun believes that the transfer process of land contractual management rights should be further regulated. We should strengthen the control over the use of contracted land transfer, refine the conditions, requirements and procedural norms for multiple transfers, and prevent the occurrence of "non-grain", "non-agricultural" tendency and "anti-rent reverse" in the process of transfer.