The scope and limits of the inaccurate confirmation of shares.

Since the 2008 "decision of the CPC Central Committee on promoting several Major issues of Rural Reform and Development" (hereinafter referred to as "the decision") put forward "to do a good job in confirming the rights, registration and certification of rural land", except for the No. 1 document focusing on water conservancy construction in 2011, other No. 1 documents have put forward requirements for the confirmation of rural land rights. In fact, both the first round of household contract and the second round of household contract are the process of confirming the right, which should be put forward after the 2008 "decision". On the one hand, it aims at the expansion of the duration of the previous two contracts, in order to solve the problem of how to put "long-term unchanged" in place in the "decision". What is more important is the improvement of the value of urban land, which constantly gives birth to the value of rural land, and farmers' awareness of land rights increases greatly. In particular, the reallocation of urban and rural elements urgently needs to be based on clearer property rights. If the market is to play a decisive role in the allocation of resources, the lesson of confirming power must be made up. At the same time, the new round of farmland rights determination is also aimed at resolving a series of disputes left over from rural areas caused by the incomplete relationship of rights in the first and second round of contracting.

More than five years have passed, and the policy requirements for confirming the power have not been completely landed, which shows that the confirmation of the right of agricultural land does not happen overnight. In order not to allow the confirmation requirements to stay on the policy text, document No. 1 of 2013 set a specific timetable, requiring that "it will take five years to basically complete the registration and certification of rural land contractual management rights." In view of the specific problems that may be encountered in confirming the power in rural areas, document No. 1 of 2014 proposed that "to fully rely on the peasant masses to negotiate independently to solve the contradictions and problems encountered in the work, we can confirm the rights and shares inaccurately." But this kind of expression is easy to be misread and lead to deviation. Among them, "confirming the right and confirming the stock inaccurately" is a problem that needs to be particularly clear, which is worth studying.

Generally clear land property rights should reflect the corresponding relationship between specific people and specific plots. Strictly speaking, the right of rural land must be determined. The two methods of "confirming the right accurately" and "confirming the shares inaccurately" mentioned on the 1st of 2014 should apply to different areas respectively, rather than any kind of land rights relationship can be chosen at will between the two methods. The land that has been clearly contracted to the household in the second round should have the right to the household on the basis of re-improvement, and if it is not easy to get to the household, the right to the household should be confirmed by the way of confirming shares, that is, the land and property rights dissociated from the "public domain" or collective economic organizations should be attributed to specific farmers and individuals, so as to form a real economic constraint relationship of the collective organization. It should be said that the "confirmation of rights and shares" in this sense reflects a great progress in the determination of the rights of agricultural land in this round. The application of "confirmation of rights" and "determination of shares" in different areas can form a complete combination of ways of confirming the rights of land, which can not only give farmers reassurance in confirming their rights, but also help to promote smooth land circulation.

However, in reality, some places have expanded the scope of application of "confirming rights and shares inaccurately" in practice. For example, because many aspects of the first and second round of contracting work have not been done in detail, and some places are afraid of the trouble of confirming the right, they directly calculate the share of land distribution on the basis of the so-called number of members, and complete this task by the way of "confirming the right and confirming the shares inaccurately." In addition, because of the imperfection of the previous round of land contracting, there are many disputes in rural land contracting relations, and some places do not take the initiative to deal with disputes, but also deal with them by the so-called way of "confirming rights and shares inaccurately." these practices are contrary to the purpose of confirming the rights of agricultural land, and the result is tantamount to holding the nose and coaxing the eyes. If the policy of ascertaining the right of agricultural land cannot be done properly, it will be really difficult to land.

The pilot work to promote the reform of property rights of collective assets in rural areas requires that farmers be given the right of possession, income, paid withdrawal, mortgage, guarantee and inheritance of shares of collective assets. In order to protect the rights of members of farmers' collective economic organizations, the classification of all kinds of assets or comprehensive shareholding reform is the fundamental way to solve the problem of members' rights. The part of land related to the reform of property rights of rural collective assets is an important part of "confirming rights and shares inaccurately".

Specifically, the scope of "confirming the right and confirming the shares inaccurately" should also be strictly limited to the following main aspects: first, the public welfare land in the village should be determined according to the proportion of the original share of the real land, or the share of the contracted area of the existing farmers. Such as public roads, public ponds and public rice farms and other land, so that this part of the land as a whole "change of ownership", the value of the transaction can be relatively fairly distributed in place. Second, the collective constructive land in the village should also determine the corresponding share in a similar way, and convert the equity or the corresponding value of the land to the households. as for those who confirm the right to the household by the way of pure land, it involves the liquidation compensation of the bundling of equity and proprietary assets. of course, farmers can also choose to invest the land in the form of creditor's rights into the organization of collective management. The third is the concentration of land after land transfer, which leads to the change of topography. This involves the separation of the contract right and the management right, and the land rights and interests corresponding to the original contract right can be registered according to the share of the land after concentration, but for the land with large area management right after concentration, it is still necessary to attach a "four to" combination diagram reflecting the contract rights of the original farmers. Fourth, for the scale operation of the collective construction land that has not been converted to the household in the early stage, the right to the household should also be confirmed in accordance with the relevant measures. Fifth, the cultivated land, water surface and low sloping land collectively retained in the village are also determined by the ownership of historical land. Sixth, if the land that has been confirmed is transferred directly by way of shareholding, there is a separation of the contract right from the management right and other related rights, the original contract right will be transformed into the form of equity within the scope of a large area of cultivated land after the transfer of management rights (in practice, there is also a form of preferred equity to pay fixed dividends), which is also the content of subsequent decentralized confirmation of rights through land transactions. That is to say, the special form of "confirming the right to confirm the right" is changed into the special form of "confirming the right to confirm the stock inaccurately".

In fact, the value of any land is related to the location and natural attributes of the land, so from the point of view of the determination of value rights, if the rights and interests of any overall indivisible land are to be fully determined, it is ultimately necessary to determine the location boundary of the land. that is, the overall determination of the right of this kind of land is ultimately accurate, of course, the value of the centralized land shared by the members has been homogenized. The land rights enjoyed by members only need to be in place according to their shares. From the relationship between the whole and the individual of economic rights, we can see a corresponding relationship between the overall "confirmation of rights" and the internal homogenization of "certainty of shares".

The success or failure of the reform depends on the details, and some minor movements have a greater impact on the reform. The "determination of rights and shares" referred to in the confirmation of agricultural land rights this time should be a strict requirement within a limited scope, that is, it should be strictly implemented within the scope of application of this article, and this method cannot be used outside the scope. Other measures of expansion will lead to the opposite of the confirmation of power and greatly reduce the confirmation of power.