The pilot project of rural land reform solved the problem.
In recent years, the mainland's rural land expropriation, the entry of collective construction land into the market and the reform of the homestead system, which have attracted attention at home and abroad, have finally solved the problem.
According to a report by the mainland state media People's Daily on February 25, the standing Committee of the National people's Congress deliberated the decision (draft) on authorizing the State Council to temporarily adjust the relevant legal provisions in the administrative areas of 33 pilot counties (cities and districts), including Daxing District of Beijing, and proposed to authorize the State Council in the administrative areas of 33 pilot counties (cities and districts). Temporarily adjust and implement the relevant provisions of the Land Management Law and the Urban Real Estate Management Law on rural land expropriation, collective construction land entering the market, and homestead management system.
This marks that the pilot reform of the "three plots of land" in rural areas has finally entered a substantive stage.
According to the draft decision, 33 counties (cities and districts), including Daxing District of Beijing and Jixian County of Tianjin, will carry out pilot reforms in the "three plots of land" to explore land reform experiences that can be popularized and replicated for the whole country.
The reform of the rural land system has been regarded as one of the keys to the comprehensive deepening reform of the Chinese mainland. The prelude to the mainland's reform and opening up in 1978 began with the villagers of Xiaogang Village in Anhui Province turning collective land into household contracts.
Since the 1980s, there has been a hidden market of collective construction land transfer in Guangdong, Jiangsu and Zhejiang provinces. According to the statistics of the land department of Guangdong Province, the use of rural collective construction land in the Pearl River Delta region by means of transfer has actually exceeded 50% of the collective construction land. A large number of these lands are used to build factories, staff dormitories and so on.
Since the 1990s, some localities have carried out pilot reforms on the circulation of the right to the use of rural collective construction land. However, the pilot projects have not been rolled out throughout the country because they conflict with existing laws. This limits the transferability and mortgagability of land, so that enterprises do not dare to use it, and banks do not accept such mortgages. The lag of the land system seriously limits the vitality of the market, and the fairness of the distribution of land value-added income is also controversial.
Farmland enters the market and strictly adheres to the three bottom lines.
According to the current laws of the mainland, the local government is the only supplier of the land market, and farmers' land can only be expropriated by the government before being sold, which greatly suppresses the interests of farmers and forces some real estate developers to obtain development plots through rent-seeking.
The draft decision proposes to suspend the implementation of articles 43 and 63 of the Land Management Law and Article 9 of the Urban Real Estate Management Law on the non-transfer of the right to the use of collective construction land. It is clear that under the premise of being in line with planning, use control and acquisition in accordance with the law, the stock of the right to the use of rural collective construction land is allowed to be transferred, leased and bought into shares at the same price as the right to the use of state-owned construction land.
Rural collective construction land is divided into three categories: homestead, public welfare public facilities land and collective construction land. Among them, rural collective construction land refers to the rural collective construction land with the nature of production and operation, such as rural collective economic organizations to set up enterprises and businesses.
Jiang Daming, minister of land and resources, said that the pilot administrative areas only allow collective construction land to enter the market, while non-commercial collective construction land is not allowed to enter the market. And entering the market must meet the conditions of planning, use control and obtained in accordance with the law, and the scope of entering the market is limited to the stock of land.
The entry of agricultural land into the market is still faced with strict restrictions in order to prevent the pilot and future reforms from changing land use at will and breaking through the index of construction land.
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