Facing squarely the problem of determining the right of contracted land in rural areas

Carrying out the registration and issuance of rural land contractual management rights plays a fundamental role in protecting farmers' land rights and interests, promoting land circulation and developing large-scale operations. it is also of great significance to improve the basic management system in rural areas, speed up the construction of a new agricultural management system and promote the development of modern agriculture. Fengyang County is one of the 20 counties (districts) in Anhui Province to register and issue certificates for the registration of contracted management rights of rural land. as of October 20, 2014, of the 223 administrative villages (rural communities) in the county, 162 administrative villages (rural communities) had completed field surveying and mapping, with a completion rate of 72.65%.

Existing problems

From the investigation in Fengyang County, the problems existing in the registration and certification of rural land contractual management rights can be summarized into the following aspects.

an issue rooted in history. The second round of agricultural land contracting still carries the burden of agricultural taxes and fees, so some farmers who go out to work and do business have given up contracted land, and now that the policy is good, they have put forward the requirement of contracting. During the second round of contracting, some villages graded the cultivated land according to good, medium and poor, with one mu of good land as one mu and two to three mu of poor land as one mu. Although the mu of land recorded in the contract is equal, in fact, there are more mu of land per capita. Farmers with little land have the demand to redistribute the contracted land equally.

The dispute over ownership. First, the collective barren mountains and wasteland reclaimed by some farmers have not gone through the formalities of contracting out contracts. Second, during the second round of contracting, the collective orchards, fish ponds and lakes did not have the right to reach the households, but were contracted in a professional way, and could not be recovered due to a variety of reasons after the expiration of the contract period. Third, the ridges, ditches and roads that were not included in the scope of the contract have been leveled into cultivated land after land consolidation in recent years, and the ownership of the increased area is unknown. Fourth, some farmers privately transfer and exchange the contracted land, and do not change the contract relationship, thus planting hidden dangers of disputes.

The problem of discrepancy of land certificate. Some rural land has been adjusted and changed several times, or leveled and reformed after circulation, resulting in many problems, such as the discrepancy of the current mu, the discrepancy of the main contractor, the discrepancy between the warrant and the contract, and so on.

The problem of illegal change of land use. If, without the examination and approval of the land and resources department in accordance with the law, the contracted land is transferred to others to build houses on homestead or for other non-agricultural purposes, if they are granted registration and certification, the illegal land will be legalized, and if it is not handled, it may lead to conflicts.

The main methods of the pilot work

In view of the fact that there are more and more prominent disputes over ownership in the above-mentioned work of confirming rights, Fengyang County clearly requires that, under the guidance of the county and township working group, the "two village committees" or the villagers' discussion group should directly participate in the settlement by the relevant farmers through consultation. With regard to the problems left over by history and other related issues, we should strictly adhere to the four policy bottom lines: first, on the basis of second-round contracting, it is strictly forbidden to take the opportunity to adjust land, that is, to increase the number of people without increasing the number of land, and to reduce the number of people without reducing land. The original land contract relationship and the starting and ending years of the contract shall not be changed. Second, it is strictly forbidden to return the area of the original contracted land after the actual survey to the village collective economic organizations, to register the village or group collective land in the name of an individual, and to transfer the excess area after the actual survey to other peasant households, that is, the excess area shall not be returned or made up, and if the contract is inconsistent with the actual measurement, the actual measurement shall prevail. Third, the certificate of contracted management rights of farmers is based on the area measured this time, but the extra part is not linked to various rural subsidies. Fourth, it is necessary to maintain stability, do not push it by force, ensure the right of each mature household and the right of each mature village, and deal with difficult problems in the later stage.

Countermeasure and suggestion

In view of the problems and specific practices in dealing with the registration and certification of contracted land rights in Fengyang County, the research group believes that strictly adhering to the policy bottom line provides a guarantee for maintaining temporary stability in rural areas and completing the work of confirming rights on time, but in the long run, the problems concerned by many farmers can not be well solved, which is bound to leave problems for the next step of rural reform and development, and the longer some problems drag on, the more difficult it is to solve. To this end, efforts should be made to deal with the following pairs of relationships.

Adhere to the relationship between the policy bottom line and giving consideration to the wishes of farmers. From the investigation and understanding of the situation, there are three kinds of people who have a strong demand to adjust the land: first, those who were not assigned the contracted land for various reasons during the second round of contracting; second, those who were born after the second round of contracting; and third, married women (or men who have not paid the land at both ends). If we follow the four policy bottom lines, these three kinds of people will still not be able to get land in this confirmation of power. However, the research group believes that whether to make timely and appropriate adjustments to the contracted land should be decided by farmers through democratic consultation, not by the government. The general principle is to make major stability and minor adjustment, that is, to maintain the basic stability of the existing land contracting relationship, and to allow appropriate fine-tuning in accordance with the wishes of the majority of farmers for those with prominent contradictions and strong demands from farmers. However, fine-tuning should be conducive to stability, not too large overfrequency, can not be adjusted on a large scale, let alone disrupt the re-score.

The relationship between the specific way of confirming power and the long-term development of rural areas. The registration and issuance of confirmation of rights is not only to protect the rights and interests of farmers, but also to activate the right of management, promote land circulation and large-scale operation. Whether the right is confirmed or not, we must respect the wishes of farmers and protect their right to contracted management of land as the fundamental premise. Whether the power is confirmed or not should be clearly explained to the peasants and a consensus should be reached in the light of the actual situation. Indeed, as a traditional way, it is in line with the thinking habits of farmers and is easy to be accepted, which is conducive to maintaining the stability of the contracted management right, but not conducive to land circulation and large-scale and professional management. Therefore, the No. 1 document of the Central Committee this year proposes that the right can be confirmed and the shares can be confirmed inaccurately. This is a policy with foresight. It is suggested that counties (cities and districts) with relatively good economic development should take a long-term view, enhance the predictability of their work, and adopt measures with uncertain rights, so as to reserve space for future development.

The relationship between relying on the masses according to laws and regulations. In the work of confirming the rights of rural contracted land, we should strictly implement the relevant laws, regulations and policies on rural land contracting and management, on the basis of existing land contracts and certificates of land contractual management rights, and in accordance with legal contents, procedures and relevant technical requirements, perfect on the basis of stabilizing the second round of land contracting, what to lack, what to make up. Where there is a great dispute over the contracted area and the majority of the masses require the measured area to be measured, the measured area shall be registered according to the facts after being publicized. Imperfect second-round contracting, unfulfilled rights and non-standard management shall be corrected in accordance with the law. If there are disputes or disputes, they shall be settled in accordance with the law, and then the right shall be registered and issued. If there is a major discrepancy between the original certificate of land contractual management right and the contents recorded in the perfect land contract and register, it shall be changed.

Confirm the relationship between the quality of work and the time limit of work. The work of confirming the rights of rural contracted land should be organized and carried out in a scientific way, and the area should be based on the second round of contracting, on the basis of land contracting accounts, contracts and issued certificates of contracted management rights of rural land, and calibrated by actual measurement at the same time. There are many methods for actual measurement, comprehensively considering the factors such as technology and cost, we should not only make full use of the existing achievements and materials of the second survey of land, reduce the cost of labor and expenses as far as possible, but also strictly enforce technical regulations to ensure the quality of work, do a good job in the collection of information and data of confirmation and certification, issue standard certificates uniformly, establish and improve the registration system of land contract management, such as registration, transfer, exchange, change and mortgage, and improve the management of archives. Do a good job in docking the registration and certification information of contracted land with the real estate registration information platform to promote the exchange and sharing of information.

The relationship between unified leadership and classified guidance. The central authorities have made clear regulations and requirements on the registration and certification of rural contracted land, and all localities should, on the basis of the pilot work, conscientiously sum up experience and steadily promote the work of confirming rights in an all-round way. On the one hand, all localities should set up leading groups for the work of confirming power, issue guiding opinions and work plans, and uniformly guide the work of confirming power. On the other hand, all localities should be required to formulate targeted work principles, policies, measures, and methods in accordance with local economic, social, and natural conditions, formulate overall work processes, define specific work steps, and advance steadily in a scientific and orderly manner. In practical work, all localities should first select some demonstration points in accordance with local conditions. The contracted land that has been transferred and is being transferred, or where the contractual relationship is clear and the registration of rights is relatively easy, can take the lead in demonstrating. First demonstration and comprehensive promotion can be carried out, so as to demonstrate, learn and promote at the same time.

Confirm the relationship between the registration and issuance of certificates and the relevant supporting and follow-up work. The department of land and resources shall, in combination with the registration and certification of the right of contracted management of rural land, make overall plans for the confirmation of the right of rural collective land and the certification of farmers' right to the use of homestead, and establish a rural collective property right system with clear ownership, complete power, smooth circulation and strict protection. The agricultural sector should, in conjunction with relevant departments, formulate policies and measures to allow the transfer, shareholding and mortgage of rural land contractual management rights, so as to promote the flow of rural factors of production. At the same time, we should further define the collective property rights and explore the pilot work of the rural community-based joint-stock cooperative system in the townships, towns and villages in order to better maintain and increase the value of collective assets, improve farmers' asset income and protect farmers' property rights.