The road of rural property rights transaction is getting wider and wider.

What is the most worrying thing in the process of land transfer? The state is most worried about the "non-agricultural and non-grain conversion" of agricultural land, the farmers are most afraid of the infringement of their interests, and the transferee is most afraid of the lack of protection of the right to management. In recent years, Hubei, Wuhan and other places have carried out beneficial exploration and practice in ensuring farmers' rights and interests and improving the construction of land circulation market in order to make the state, farmers and transferees feel confident.

A few days ago, the reporter came to Wuhan Rural Comprehensive property Exchange in Hubei Province. Only on the large electronic display screen, there are dozens of information about the circulation of land management rights, and people come and go in the exchange. Wuhan Rural Comprehensive property right Exchange, which was formally established on April 30, 2009, is one of the earliest comprehensive rural trading institutions in the country.

To promote the open, fair and standardized operation of rural property rights transfer transactions such as land management rights, attention has been paid to the exploration of Wuhan Rural Comprehensive property Rights Exchange.

Sunshine transaction

Yuan Huiwen, a native of Fengle Village, Cangbu Street, Xinzhou District, Wuhan City, earned some money from other industries in his early years. In 2006, he went back to the village to contract more than 60 mu of "four wasteland" to develop crape myrtle and other seedling industries. Now Yuan Huiwen is the chairman of Wuhan Haifan Ecological Agriculture Co., Ltd.

Yuan Huiwen said that last year, their company signed a transfer agreement of more than 180 mu of wasteland with Fengle Village relying on Wuhan Rural Comprehensive property right Exchange, and the process of signing the agreement was very standard: Fengle Village held villagers' congresses many times to form a resolution. At least 2/3 of the villagers' representatives signed the agreement; the company applied for transfer to the Wuhan Rural Comprehensive property Rights Exchange, which was publicized for five days. Wuhan Rural Comprehensive property right Exchange issued a certificate of land transfer transaction to their company.

Before 2008, many rural land transfers in Wuhan were verbal agreements and were not legally binding. After the establishment of Wuhan Rural Comprehensive property Rights Exchange in 2009, Wuhan issued documents requiring that there are 10 categories of rural collective property rights, such as the contracted management right of land in all rural areas, the right to the use of the "four wasteland" of rural collective economic organizations, the contracted management right of farming water surface of rural collective economic organizations, the right to the use of forest land and the ownership of forest trees, which are transferred by means of transfer, lease, shareholding, mortgage or other means. Must be listed for trading on the agricultural exchange. Wuhan Rural Comprehensive property Rights Exchange is composed of city, county and district trading platform. in the process of project review, the circulation contract must use a unified format and be examined and approved step by step.

"with the certification of land management rights, I have an important basis for enjoying financial subsidies in Wuhan. The land management right certificate can be used as a circulation transaction certificate for the change of rural property rights, and it can also be used as a mortgage loan for rural land management warrants. " Yuan Huiwen said.

Through the transfer and transaction of rural property rights, it has increased the property income of farmers, accelerated the flow of rural resources, activated the rural factor market, and invigorated rural collective assets. Through open, fair and just sunshine transactions, we can prevent corruption from the source and safeguard the interests of the members of rural collective economic organizations. " The person in charge of Wuhan Municipal Committee of Agriculture said.

Risk control

In the process of rural property rights transaction, farmers are relatively weak. How to do a good job of risk prevention, to ensure that the transaction does not go against the wishes of farmers, so that the interests of farmers can be protected to the greatest extent?

Sun Xiaoyan, general manager of Wuhan Rural Comprehensive property Rights Exchange, believes that to do a good job in risk management and control of rural property rights transfer transactions, we should first make efforts in system construction and supervision and management. They stipulate that farmers' contracted land transfer transactions must be transferred voluntarily by the peasants themselves; the transfer of property rights of rural collective economic organizations all requires the consent of more than 2/3 of the members or representatives of collective economic organizations; and the transfer of property rights of peasant households, all require full civil capacity, and farmers with long-term land contractual management rights are also required to have a stable source of livelihood and residence.

Nowadays, some rural land rents continue to rise. In order to ensure that the land rent obtained by farmers can continue to grow, Wuhan Rural Comprehensive property Rights Exchange has established a rent increase mechanism in the project approval process. For example, in a land transfer contract of 183.2 mu of wasteland signed between Wuhan Haifan Ecological Agriculture Company and Fengle Village in 2014, it is clear that the transfer period is from January 1, 2014 to January 1, 2028, and the price is 460 yuan per mu, increasing by 10% every five years.

In order to prevent the poor management of the company from affecting the property rights and interests of farmers, the rural operation and management department of Wuhan requires enterprises to pay risk deposit for the transfer of land, which is 1 to 3 times the annual rent. The land rent and risk deposit are uniformly deposited in the resources, assets and capital supervision center of the district and county of Wuhan. Once the enterprise is unable to pay the rent on time, it will use the risk deposit to pay the farmers' rent.

"publicizing the transaction of rural collective property rights transfer is an important means to ensure the openness, fairness and impartiality of land property rights transactions." Sun Xiaoyan said, "when the transaction price of rural property rights is lower than the reserve price of the target, the holders of property rights have the right of priority to buy back; the rights and interests or income distribution rights after the conversion of rural land into shares, the rural collective economic organizations and farmers' professional cooperatives where the land is located have the right of preemption; under the same conditions, members of the collective economic organizations enjoy the right of priority in the transfer of contractual management rights for rural collective economic projects."

Sun Xiaoyan believes that the transaction of rural land property rights is a new thing, and the Wuhan Rural Comprehensive property Rights Exchange has encountered some difficulties and problems in its development, which needs to be constantly explored and solved. First of all, the existing laws, regulations and policies are still not perfect, such as the secondary transfer of land management rights, which restrict the flow of rural property rights to a certain extent; secondly, at present, many rural property rights are difficult to confirm and the progress is slow. the legal status of land management right needs to be further clarified. Third, there are difficulties in mortgage financing, there is a lack of professional evaluation institutions and personnel for rural assets, and industry standards for agricultural evaluation have not yet been established.

System innovation

Liu Aihua, who is engaged in aquaculture, established a professional aquaculture cooperative in Wuzhou in 2010 and rented more than 1000 mu of barren beach in Songzui Village, Cangbu Street, Xinzhou District. In the course of operation, there was a shortage of funds. Liu Aihua, holding a certificate of rural property rights transfer transaction of more than 1000 mu, went to the bank to apply for a mortgage discount loan, and obtained a mortgage loan of 10 million yuan on his first application, with a financial discount of 50%. After Liu Aihua got the loan, he took drastic measures to transform the fish pond.

By the end of April, the Wuhan Rural Comprehensive property Rights Exchange had conducted a total of 2169 property rights transactions, with a transaction value of 12.727 billion yuan, and jointly with financial institutions to provide mortgage loans of 1.974 billion yuan to agricultural enterprises, cooperatives and large farmers, of which the highest amount was 200 million yuan.

The benefits of mortgage financing of land management rights are obvious, but some people are worried about whether it will cause farmers to lose their land. The relevant person in charge of the Wuhan Municipal Committee of Agriculture believes that since what farmers transfer in the land circulation is only the management right of the land, the ownership of the land itself and the ownership of its various affiliated interests have not changed, so the mortgage loan of the land management right will not cause farmers to lose their land. Moreover, in the actual operation, the mortgage of the rural land management right must obtain the consent of the land owner and the original contractor, and the mortgage period is within the circulation period, and at the same time, the land management right obtained by the mortgagee should be more than 5 years, as of the date of credit mortgage, the remaining period is not less than 1 year.

In order to control the mortgage risk of rural property rights, Wuhan Agricultural Exchange has introduced guarantee companies to provide guarantees for financing subjects when the collateral is insufficient. At present, Wuhan is organizing relevant departments to study the risk compensation system, and to study measures such as relying on agricultural investment companies to set up policy asset management companies to dispose of land and non-performing assets with operational risks. " The person in charge of Wuhan Municipal Committee of Agriculture said.