Three basic suggestions for rural land reform to be designed as a whole

The reform of rural land system is faced with three most important aspects: the entry of collective construction land into the market, the paid withdrawal of homestead, and the reduction of the scope of land expropriation. Judging from the current situation, the system design tends to be fragmented, and the three should be designed as a whole and integrated.

The reform of land system is a whole

In fact, the reform involves three major types of land: one is collective construction land, which is mainly represented by the stock of industrial and commercial land; the second is homestead, which is mainly residential land for rural residents. in the urban suburbs also includes a certain number of small property rights housing land; third, the state-owned construction land to be expropriated. At present, the above three types of land constitute the source of construction land through two different channels, among which the expropriated state-owned construction land is mainly used to meet the needs of production and living land within cities and towns. collective construction land and residential land are mainly used to meet the needs of industrial and commercial production and residential land outside cities and towns.

Although the two channels and two markets are in a state of complete separation in the system, that is, what we call the "dual structure", in reality, the use of the three types of land has long infiltrated each other and are closely related. For example, with the expansion of the scope, the construction of urban infrastructure and public facilities has long been integrated, and urban villages and cities can be found everywhere. The state-owned construction land and collective construction land around the city can be described as interlaced, and the phenomenon of living outside the city to work, or living outside the city to work is also the norm. Most rural residents who work and live in cities still have housing in their hometown, many enterprises invest in collective construction land, and even some urban public facilities use collective construction land and so on. The most significant is that although strictly forbidden there are still many people who buy or rent houses with small property rights.

In short, with the integration of production and life, the use and interests of urban and rural land have long been integrated. According to the spirit of the 18th CPC National Congress, the construction of a unified national construction land market and the implementation of the same right and the same price really need an inclusive overall land system as a support.

Judging from the demand for future development, although the central government's expectation for the rate of economic growth will not be as high as in the past, the basic volume of China's economy is already very large, and even if the current growth rate is maintained, the total economic increment will continue to increase. This also indicates that the demand for resources will still be very large, of which the demand for construction land is a big one. On the other hand, we have an important problem to face. In the next ten years, due to the reform of the household registration system and the substantial increase of a new generation of rural residents who have not experienced farming and grew up in the working environment, it is expected that it will be the peak period for rural residents to enter cities and towns, and the pressure on the demand for urban construction land can be imagined.

In fact, at present, our supply of construction land has fallen into an inefficient bottleneck area caused by the system. In the future, the scope of state-owned land expropriation continues to narrow, and the circulation of homestead is completely prohibited. The gap in the supply of construction land will become larger and larger, and the demand pressure will become stronger and stronger. There is an urgent need for the strong support of a tolerant, targeted future development trend and effective land system. Fragmented reforms and policies can no longer undertake this task.

Under this premise, if we carry out land system reform, we should avoid fragmentation and promote it as a whole, and only in this way can we achieve the goal of integrated construction of urban and rural land market. If the rural collective construction land into the market, rural homestead paid withdrawal, and narrow the scope of land expropriation of the three contents of the construction mechanism, separate governance, may accumulate more trouble in the future.

Three basic suggestions

The new reform plan has not yet been announced, and the details are unknown. The author only puts forward some personal suggestions on the overall design of the land reform. The most basic, the author believes that there are three.

First, bring the three reform contents of rural collective construction land into the market, narrow the scope of land expropriation and paid withdrawal of rural residential land into an overall system, and take the overall allocation channels and platforms of construction land as a guide, establish an overall institutional framework.

This specifically includes two aspects: one is to link the reduction of the scope of expropriation with the entry of operational land into the market, and to consider the supply capacity of construction land reduced by the reduction of the scope of land expropriation and the scope of commercial land entry into the market as a whole. the main purpose is to ensure that the supply capacity of urban construction land can at least maintain its current level after the scope of land expropriation is reduced. The second is to associate the reform of homestead into the market with the entry of commercial construction land into the market, and the idle homestead within the scope of urban planning is gradually involved in the circulation of commercial construction land; according to the voluntary principle, part of the idle homestead outside the planning scope can be transferred with compensation, and part of it can be reclaimed into farmland through reclamation compensation and incentives.

The main reason for this consideration is, first of all, to establish new channels and guarantees for the integration of the supply of construction land, and market integration can only be talked about under this new platform; secondly, if we look back, if there is no new source of construction land, even if the scope is reduced, there will still be a rebound, the scope of expropriation will be expanded, and the previous efforts of the reform will be wasted.

Of course, the above assumption is only a basis of the system, or just a prerequisite, not to be liberalized at once, but to control the gradual expansion of the degree of reform through some measures, the specific contents of which will be discussed below.

Second, determine the connotation of commercial construction land on the basis of the nature of future use, integrate the existing commercial collective construction land, the newly added collective construction land due to reducing the scope of expropriation, and idle homestead into one, and make a good plan on this basis, on the basis of not encroaching on the red line of cultivated land, clarify the specific scope of operational construction land and ensure the effective source of construction land.

The specific methods are as follows: first, at the institutional level, clearly determine the connotation of operational construction land according to the nature of future land use, that is, under the premise of unified planning, the proposed expropriation of construction land within the planning scope, the need for new construction land due to the narrowing of the expropriation scope, the currently defined operational construction land, and the residential land that has been or will be idle can be included in the construction land. Except for the land used for infrastructure and public facilities construction, as well as the land reserved collectively by the village, the other land is included in the scope of commercial construction land. Second, the specific scope of operational construction land must be delineated and implemented on the map in advance through planning, rather than simple qualitative provisions through the system.

There are three reasons for this: first, the scope of the current regulation is too narrow, the relevant research report is less than 10% of the collective construction land, and most of the collective construction land is not included, which can not play the role of reform. Second, if it is stipulated through the system, it can only be qualitatively defined in principle, and the scope is vague and cannot be implemented on the map like planning, which will leave a lot of policy loopholes and lead to a large number of rent-seeking ways. the phenomenon of finding ways to transform agricultural land or other land into commercial construction land to enter the market for profit Third, if according to the current definition, commercial construction land will soon be transferred, it is impossible to become a sustainable market, this policy may lose its effect in 2-3 years.

Third, to establish a protective system for the transfer of rural collective construction land, on this basis, the collective ownership and the right to use are separated, the collective ownership is retained in the collective, and the land use right is allowed to circulate. to lay the foundation for the realization of "the same right and the same price" with the state-owned land.

The protective system mainly includes: the first is to set up the transfer of the right to use to ensure that the original collective still has ownership after the land transfer; the second is to set the maximum circulation year, and if the transfer occurs after the expiration of the term, the original collective has the right of compulsory recovery; the third is to set up the original collective preemption right, when the transferee transfers it within the period of validity, the original collective can give priority to purchase the land back at the market price if it wishes. The fourth is to set up the compulsory right of recovery, because of the needs of the collective public interest, the land use right can be forcibly repurchased by the original collective investment under the auspices of the government at a level lower than the market price; the fifth is to set up a state takeover system, if the collective organization disappears normally, state escrow can be implemented or state expropriation can be adopted to make land a public asset. The sixth is to set up a relief system, and if the government purchases land to solve the corresponding difficulties because of the difficulties in basic needs such as housing after the land transfer, and the seventh is to set the maximum transfer area at one time, the maximum limit on circulation area can be gradually liberalized according to the maturity of the market.

The reform of rural land system is faced with three most important aspects: the entry of collective construction land into the market, the paid withdrawal of homestead, and the reduction of the scope of land expropriation. Judging from the current situation, the system design tends to be fragmented, and the three should be designed as a whole and integrated.

The main reasons for this are: first, it can ensure that the nature of collective land ownership will not change, under normal circumstances, after the collective land circulation, the original collective organization can reasonably intervene in accordance with the law; second, according to the principle of "the same right and the same price", collective land has the right and should realize the transfer of property rights through the right to use the market. Third, there are no legal obstacles to these settings at present, and some obstacles mainly come from the institutional level, which is exactly what we want to change.