How to distribute the land expropriation fee of rural cultivated land is reasonable?

Land is the most basic means of production of farmers, land is also the most fundamental survival guarantee of farmers, is the "lifeline" of farmers. With the development of socialist market economy and the acceleration of industrialization and urbanization, there are a large number of problems caused by rural land expropriation in our country. The problem lies in two aspects: one is who owns the land, and the other is who uses the land. The key lies in how the output of the land is distributed.

The problems existing in China's rural land system are mainly in four aspects: unclear land property rights, time limit of land use rights, lack of market mechanism for land transfer and rural population household registration system.

First, the land property right is not clear and difficult to divide.

The characteristic of the property right system of rural land in our country is that the subject of collective ownership of rural land is not clear, and who is the "collective" is not clear. The "collective" can have three levels of villages and towns, villages and villagers' groups, and the land interests of farmers are falsified. The ambiguity of the legal person status of collective land ownership and the diversity of the subjects of land property rights will inevitably lead to unclear boundaries of responsibilities, rights and interests and conflicts among different subjects of land ownership, and collective land ownership can not be realized finally. As the landowner stipulated by law is an illusory "peasant collective", it is naturally impossible to have legal personality, let alone to exercise effective supervision and management of land, which in fact results in the false ownership of rural collective land in the judicial sense.

Who owns the land after the collection of rural cultivated land? The old idea of the law is "collective". It is not clear who the "collective" is. "collectives" can have three levels: townships, villages and villagers' groups. In other words, townships, villages and villagers' groups can all participate in the distribution? Of course, this will not work, and only the villagers' group can participate in the distribution. The township and the village can only distribute a little management fee according to the ratio.

And what are the conditions for the distribution of the villagers' group? This is a very simple question, so it should be distributed according to the population, which gives rise to a series of problems, that is, the population according to the cultivated land contract responsibility system at that time? Or according to the current population? Can you assign it? This gives rise to another legal problem. That is, the cultivated land contracted by the villagers has a fixed number of years of use rights.

Second, it is difficult to divide the time limit of the land use right.

Article 6 of the amendment to the Constitution in 1993 affirmed the important achievement of the "household contract responsibility system" in the form of the Constitution, and at the same time clearly proposed in 1993 that the land contract period for farmers should be extended for another 30 years. Jiang Zemin pointed out that there is no need to change after 30 years, but Wen Jiabao said that it will never change, and that it will not only stabilize the contract period, but also stabilize the contracted plots, and repeatedly emphasize that "the number of people will not be increased, and the land will not be reduced."

One of the items in the No. 1 document of the CPC Central Committee in 2013 is to stabilize the rural land contracting relationship. We should step up efforts to study the specific forms of realization of the existing land contract relationship that remains stable and remain unchanged for a long time, and improve the relevant legal system.

If it is clearly proposed in 1993 that the land contract period for farmers will be extended for another 30 years. The calculation of time is controversial. In most rural areas, the extension of the land contract period for farmers for another 30 years began in 1996. It will not expire until 2026. If according to the specific realization form of the existing land contract relationship of the No. 1 document of the CPC Central Committee in 2013, we will improve the relevant legal system. That is, there will be no more perfect farmers' land contract period by 2026.

According to the relevant policies above, the levy after the collection of rural arable land will be due in 2026. In addition to the land contractor's annual land levy fee, there are nearly 30% of the levy fees that can be allocated. If the land contracting relationship remains stable and unchanged for a long time according to the No. 1 document of the CPC Central Committee in 2013, there should be no more distribution.

III. It is difficult to divide the current household registration system of the rural population.

The 18th CPC National Congress stressed: speed up the reform of the household registration system, promote the citizenization of agricultural transfer population in an orderly manner, and strive to achieve full coverage of basic public services in cities and towns. The No. 1 document of the CPC Central Committee in 2013 stressed: "to promote the citizenization of agricultural transfer population in an orderly manner, to promote the urbanization of the population, especially the settlement of migrant workers in cities and towns as an important task of urbanization, and to speed up the reform of the household registration system. We will implement the policy of relaxing the conditions for settling in small and medium-sized cities and towns." This is a very difficult job.

What is the actual situation now? At present, most of the rural population is "separation of people and households". The household registration is in the countryside. While people are in large, small and medium-sized cities or market towns. Most of the rural population do not want to become the hukou of large and medium-sized cities or market towns, because with the development of socialist market economy, industrialization and urbanization, there is a large number of rural land expropriation in our country. They can participate in the distribution of rural land levy and fees.

The distribution of rural population to participate in rural land levy and fees. Whether to implement the rural land contract responsibility system according to the actual population or the original implementation of the rural land contract responsibility system is also a controversial topic. If according to the number of years due in 2026. In addition to the annual land collection fees collected by land contractors, nearly 30% of the land collection fees should be allocated. Many people think that the population of the rural land contract responsibility system should be implemented as at the beginning. If there is a full distribution, it can be based on the actual population.

At present, the distribution of rural land levies and fees is varied. If it is a land expropriation near the city. There are policies for land expropriation and demolition, and there are a series of policies for resettlement and compensation. If it is a variety of construction land expropriation, then the distribution will be varied. If there is a contract, if the contract responsibility system is implemented in the future, cultivated land will no longer be required. There is a fixed number of years due in 2026 according to the contract responsibility system. In addition to the annual land collection fees collected by land contractors, nearly 30% of the land collection fees should be allocated. There are also five-five distribution and four-to-six distribution. Some are allocated according to the actual population and the population distribution according to the original implementation of the rural land contract responsibility system.

Personally, I think it should be in accordance with the number of years due in 2026 according to the contract responsibility system. In addition to the annual land collection fees collected by land contractors, nearly 30% of the land collection fees should be allocated. There are also five-five distribution and four-to-six distribution. And the original implementation of the rural land contract responsibility system for population distribution.

The reason is that, first of all, there must be another adjustment of the responsibility system in rural areas by 2026. Because 20% of the rural population has moved to the cities in recent years. Resulting in the phenomenon of cultivated land being abandoned. There are also the phenomenon of dead and extinct households and the five-guarantee households contracting farming in that year. These lands are also uncultivated. Second, for the next generation of new farmers to contract arable land, the contracted area must be between 20 mu and 30 mu in order to keep up with the needs of the development of the situation. Third, the urbanization rate of our registered population is 39%, less than 40%, and more than 800 million or even 900 million farmers are still in rural areas. Land is the most basic means of production of farmers, land is also the most fundamental survival guarantee of farmers, is the "lifeline" of farmers. The responsibility system for agricultural production has not been adjusted for so many years. There will be some new population without arable land, and there will be unstable factors in rural areas.