The basic Direction and Prospect of Land system Reform in China

The root of the negative consequence of the current land system lies in the "different rights in the same place" of urban and rural land, and rural land can not enter the market and engage in non-agricultural construction and development like urban land. In the face of this dilemma, the central government has issued a lot of policies in recent years, trying to start with the reform of the property right system, promote the reform of the current land system, further release the land dividend, and provide impetus for sustained economic growth.

In the aspect of "establishing a unified urban and rural construction land market", the third Plenary session of the 18th CPC Central Committee proposed that rural collective construction land should be allowed to sell, lease and buy shares on the premise of planning and use control. the implementation is the same as the state-owned land, the same right and the same price. In the aspect of "speeding up the construction of a new agricultural management system", it is proposed to encourage and guide industrial and commercial capital to develop modern farming industries suitable for enterprise management in rural areas, and to import modern production factors and management models into agriculture. In the aspect of "giving farmers more property rights", it is proposed to protect the usufruct of farmers' homestead, reform and improve the rural homestead system, select a number of pilot projects, and cautiously and steadily promote the mortgage, guarantee and transfer of farmers' housing property rights. explore ways for farmers to increase property income. In March 2014, the State Council issued a separate chapter entitled "deepening the Reform of the Land Management system" in the National New urbanization Plan (2014-2020), covering all aspects of the land system. In June 2014, 11 departments, including the National Development and Reform Commission and the Ministry of Housing and Construction, jointly issued the Circular on carrying out the National Comprehensive pilot work on New urbanization, requiring all provinces to select cities, counties and towns at different levels that meet the requirements as pilot projects. the reform of the land system is one of the contents of the pilot reform. Combined with the deployment of the third Plenary session of the 18th CPC Central Committee and the national new urbanization planning, this series of studies sorted out the following reform contents.

I. the same right for urban and rural land to enter the market

one. Establish a system of equal rights to land under two forms of ownership

The collective-owned land should be given the same rights of possession, use, income and disposal as the state-owned land, and the rights enjoyed by the two kinds of land ownership should be protected equally, so as to realize the same land and the same right under the protection of the Constitution and relevant laws.

two. Use control as the only access system

Under the use control, farmers' collective land and other subject land have equal access to non-agricultural use and equal right to share non-agricultural value-added income. The main role of clear planning is to implement the layout of space and functions, and to change the pattern that local governments change farmers' collective-owned land into state-owned and government-run through planning and revision.

three. Break the current boundary between urban and rural areas

With regard to the policy of access to land outside the circle according to different forms of ownership, in addition to the non-public welfare non-agricultural construction outside the circle, the collective land owned by farmers in the circle can also carry out non-agricultural construction without changing the nature of ownership under the premise of land use control.

four. Clearly define the state-owned urban land as the built-up area, the stock of land belongs to the state-owned.

If the new construction land is used for non-agricultural economic construction, collective ownership may be retained except for expropriation for the public interest. For the current collective-owned land in the built-up area, the way of "protecting rights and sharing interests" or "transferring rights and interests" can be adopted to protect farmers' land and property rights and interests.

II. Unified construction land market in urban and rural areas

The establishment of a unified urban and rural construction land market system contains three meanings: first, the same place and the same right. That is to say, collective construction land can be sold, leased and invested in the same way as state-owned construction land, breaking the ice that collective construction land cannot be leased. The second is to enter the market equally. That is, collective construction land and state-owned construction land enter the market legally on the same platform, changing the current pattern of exclusive trading of state-owned construction land on the platform and non-standard trading of collective construction land in the grey market. Third, the price is determined by supply and demand. The entry of collective construction land into the market will change the current situation that the supply is determined exclusively by the government, resulting in price distortion, and a number of collective economic organizations enter the market as the main body of collective construction land, truly forming a mechanism of determining price by supply and demand, and promoting the healthy development of the land market.

It should be noted that there are strict restrictions on allowing collective operating construction land to enter the market: first, collective land does not enter the market at the same right and price as state-owned land, but only opens an opening for collective operating land; second, even collective operating land must be subject to planning and use control.

III. Promoting the reform of the land expropriation system

Since the 16th CPC National Congress, the party and the government have made arduous efforts to promote the reform of the land expropriation system, but there are many obstacles, the main reason is that the traditional development mode supporting the system is difficult to change. The decision of the third Plenary session of the 18th CPC Central Committee proposed the reform of the land expropriation system, including the following:

one. Narrow the scope of land expropriation

According to the principles of the Constitution, land can be expropriated only for public welfare purposes. However, because it is difficult to define the public welfare use, it is difficult to finalize the public welfare land catalogue for a long time. The next step may be to take the form of a negative list, as long as it is for profit-making purposes, no land expropriation.

two. Standardize the procedure of land expropriation

Although this article has been proposed a long time ago, it has not been implemented well. In the next step, after the scope of land expropriation and the security mechanism are established, a prior procedure will be added to the land expropriation procedure, which will allow the land party to negotiate with the farmers first, and then start the land expropriation procedure if the negotiation cannot be reached.

three. Establish a reasonable, standardized and pluralistic guarantee mechanism

This is the core of the reform of the land expropriation system, and the so-called reasonable means to implement market-oriented compensation for the requisitioned land under the principle of land use control and in accordance with regional conditions; the so-called standardization, that is, after there is a clear scope of land expropriation, compensation prices and procedures, land expropriation must be carried out in accordance with the law; the so-called pluralism means to effectively solve the problem of long-term livelihood security of land-lost farmers.

IV. Reform and improve the homestead system

The decision of the third Plenary session of the 18th CPC Central Committee put forward: "protect the usufruct of farmers' homestead, reform and improve the rural homestead system, select a number of pilot projects, carefully and steadily promote the mortgage, guarantee and transfer of farmers' housing property rights, and explore ways for farmers to increase property income." This marks the principle and scope for the next stage of homestead system reform.

First, protecting farmers' usufruct of homestead (right of possession and right of use) is the bottom line of the reform of homestead system. The next step will be in accordance with the general principle of usufruct, improve the usufruct of homestead, give the right to the use of homestead income rights, transfer rights.

Second, reform and improve the rural homestead system. At present, the rural homestead system has institutional inadaptability under the background of the separation of rural population and villages. In the next step, we will select different types of areas to carry out the pilot reform of the homestead system, focusing on the paid acquisition and use of homestead, the transaction and circulation of homestead, and breaking the boundaries between members of homestead and village community. the basic orientation is to gradually realize the exchange of welfare distribution rights with property rights, realize farmers' complete usufruct of homestead, and promote the effective use of land.

Third, select a number of pilot projects to cautiously and steadily promote the mortgage, guarantee and transfer of farmers' housing property rights. Here, mortgage, guarantee and transfer rights are given to farmers' housing, rather than homestead, which is reasonable under the restriction of the current system and law. Clearly giving farmers the right of housing mortgage, guarantee and transfer is conducive to the more secure realization of farmers' property income. Of course, the implementation of the above rights can only be implemented in the pilot areas, and then the homestead mortgage, guarantee and transfer will be carried out when the conditions are ripe.