A complete and efficient market system should be established for the circulation of rural property rights.
To promote the healthy development of the rural property rights transfer trading market, it is necessary to promote the confirmation of rights, restore the true value of rural property rights, do a solid job in the registration and issuance of rural property rights, and lay a foundation for the transfer of rural property rights. we should further clarify the main responsibility of the government, make overall use of all kinds of existing trading markets to set up a comprehensive trading market, and standardize the trading platform and trading system. In order to establish a rural property rights market system with various types, complete functions and efficient operation as soon as possible.
The "decision" of the third Plenary session of the 18th CPC Central Committee clearly pointed out that building a unified, open, competitive and orderly market system is the basis for the market to play a decisive role in the allocation of resources. In China's market system, the development of property rights market lags behind, especially in rural areas. Building a rural property rights transfer transaction market and promoting the open, fair and standardized operation of rural property rights transfer transactions are the basic work to improve the efficiency of rural factor allocation, to maintain and increase the value of collective assets, and to safeguard the rights and interests of members of collective economic organizations.
The significance of promoting the healthy Development of Rural property right transfer Trading Market
(1) to realize the need to grant more property rights to farmers
The decision of the third Plenary session of the 18th CPC Central Committee calls for a sound modern property right system with clear ownership, clear powers and responsibilities, strict protection and smooth circulation. The establishment of rural property rights transfer market is an important measure to improve China's modern property rights system. In order to carry out the spirit of "decision" and implement these property rights granted to farmers by "decision", we must build a rural property rights trading platform, find prices through market transactions, and improve the efficiency of resource allocation, so as to achieve efficient, reasonable and smooth flow of rural property right resource elements.
(2) the need to maintain and increase the value of rural assets
According to our 2014 survey in Dongguan City, Guangdong Province, by the end of 2013, the net assets of the two levels of village groups in Dongguan City were as high as 106.02 billion yuan, and the average village (two levels) was 190 million yuan, with a high value of collective assets. However, most of these assets are fixed in the hands of farmers and village collectives, and become "sleeping capital in rural areas", which not only causes mismatch or idle waste of rural property rights resources, but also affects the flow of urban capital, technology, information and other factor resources to rural areas. After the collective assets are listed and traded and flow, the asset prices often increase significantly. For example, since the first transaction was completed by Humen Town Collective Asset Trading Management Center in Dongguan City in November 2012, as of May 2014, the town and community trading platforms have accepted a total of 2099 transactions and completed 1.812 billion yuan in the underlying contract. A total of 350 transactions realized premium income, and the amount of the transaction annual standard increased by 27.35 million yuan, with a premium ratio of 11.86%, compared with the amount of the project annual standard, and the amount of the transaction annual standard increased by 42.44 million yuan, or 29.3%, compared with the original contract annual standard.
(3) the need to provide institutional guarantee for rural property rights transactions
Capital must be in flow in order to achieve self-realization and self-appreciation. On the other hand, there are some important and complex links in property rights transaction, such as asset evaluation, transaction information release, price discovery, organization of property rights transaction, property rights pledge and so on. This complex chain process must be guaranteed by a strict system, otherwise the failure of any link in the chain is enough to turn capital into "dead capital". Only by establishing the rural property rights transfer market and perfecting the relevant market system can we provide a strong guarantee for the rural property rights transfer transactions.
(4) the need to prevent corruption among village cadres and protect the rights and interests of farmers
The property rights transaction institution itself has the attribute of openness, fairness and justice, which can protect the rights and interests of the property owner to the maximum extent. From a practical point of view, due to the lack of rural property rights trading platform, village cadres private transactions, rent-seeking phenomena emerge one after another. The open trading of rural collective assets into the market can effectively prevent village cadres from seeking rent and protect the rights and interests of farmers. The total amount of fixed assets in Ronggui Street, Shunde District, Foshan City, Guangdong Province is as high as 600 million yuan, with an annual income of 80 million yuan. In 2012, after the establishment of Ronggui Street Rural Collective assets Trading Center, it stipulated that the management or use right of a single real estate property with a contract amount of more than 100000 yuan was leased (contract); the contract object amount was more than 200000 yuan and the transfer of the right to the use of a single real estate property was less than 5 million yuan; the construction area of the contract subject matter was more than 5 million square meters; and the transfer of contracted management rights of agricultural land with a single continuous area of more than 20 mu Collective assets such as leasing or lending the right to operate or use the subject matter for a period of more than five years must be traded publicly in the rural collective assets trading center. Ronggui Street regularly publishes the collective properties that have expired leases and the property rents that are planned to be adjusted. After consulting the residents' representatives, they conduct public transactions on the rural collective assets trading platform. If the villagers want to understand the process of the asset bidding fair, they can go to the transaction management center to watch the whole process of the fair. The trading information is public and the trading process is transparent. This not only expands the people's right to know and ensures their right to participate and make decisions, but also helps to build a healthy and harmonious relationship between collective members and village committees and village collective economic organizations. to prevent collective assets from becoming the assets of an organization or village cadres.
In order to prevent village cadres from engaging in malpractices for personal gain in the disposal of collective assets, Mentougou District of Beijing has formulated Beijing's first measures for the transaction of rural property rights at the district level, stipulating that transactions of rural collective assets, including land, houses, equipment and intellectual property rights, must be conducted through the rural property rights trading platform in the future, so as to ensure the openness and transparency of collective property rights transactions.
Suggestions on promoting the healthy Development of Rural property right transfer Trading Market
On the basis of the existing development, to further establish and improve the rural property rights transfer transaction market, we should follow the following basic principles: first, pay equal attention to tangible and invisible. We should not only pay attention to the establishment and improvement of all kinds of tangible trading places at all levels, but also pay attention to the development of various spontaneous property rights transactions in rural areas. Prevent the trading market from being simplified into a fixed trading place. The second is the simultaneous development of hardware and software. We should pay attention not only to the hardware construction of the tangible market, but also to the software construction of the tangible market. If the electronic trading platform is enough, there is no need to build a trading hall, and if the trading hall is enough, there is no need to build a trading building. Third, it is parallel on and off the court. Bulk transactions, especially collective property rights transactions with more than a certain amount, must enter the market, improve transparency and prevent clandestine operations. The transaction of private property rights is based on the principle of saving transaction costs, and the property owner voluntarily determines whether to enter the transaction or not. The specific recommendations are as follows:
(1) to confirm the power and empower and restore the true value of rural property rights.
In order to promote the transaction of rural property rights, we must take the spirit of the "decision" of the third Plenary session of the 18th CPC Central Committee as the guidance, speed up the determination of powers and empower, and entrust key powers and powers to rural property rights. The first is to establish the mortgage and capital contribution right of the management right of contracted land. Although the land contractual management right as the protection of usufruct is getting stronger and stronger, the key rights such as capital contribution and mortgage guarantee are not given to the owner of the contracted land management right. According to the reform idea of "separation of rights" as soon as possible, it should be made clear that the object of capital contribution and mortgage guarantee is the management right of contracted land, not the contracting right of collective members. The second is to give the right to the use of collective construction land mortgage guarantee power. Clear the usufruct characteristics of collective construction land, on the basis of the original possession, use, income rights, give collective construction land disposal rights, especially mortgage, security rights, valuation and other functions, and established in the form of law. The third is to give farmers the complete right to use the homestead and the right of real estate property. Make clear the connotation and realization form of the usufruct of homestead, and make it clear that farmers have exclusive right to use, profit, transfer, disposition, mortgage, security right, and even inheritance. With conditions and scope, we should liberalize the circulation of farmers, break the village community boundary of the right to the use of homestead, and gradually realize farmers' complete usufruct of homestead. The fourth is to implement the farmers' right of paid withdrawal of equity in collective assets and the power of mortgage guarantee. The decision proposes that farmers should be granted the rights of possession, income, paid withdrawal, mortgage, guarantee and inheritance of collective assets from "one right" to "six rights". In the future, by deepening the reform of the collective property right system, we should further implement the key disposal rights such as paid withdrawal of collective assets shares and mortgage, guarantee, inheritance rights and so on.
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