The reform of land system should be legislated first and then reformed.

Some important measures for the reform of the rural land system put forward by the third Plenary session of the 18th CPC Central Committee are consistent with the basic principles of the existing laws and regulations, but some of them conflict with the existing laws and regulations. One of the main features of the reform of the land system in the past is that it was first piloted and upgraded to law after summing up experience. The Central Committee demands that all major reforms in the future be based on the law. In this context, we must give full play to the role of the rule of law in leading and promoting the reform of the land system. Even if it is an early trial, it should be authorized by law and carried out in accordance with legal procedures to ensure that the reform of the land system is brought into the track of the rule of law.

To deepen the reform of rural land system is to establish a modern rural land property right system with clear ownership, clear rights and responsibilities, strict protection and smooth circulation. To improve the protection system of rural land property rights, to make the land rights owned by farmers more sufficient and secure, and to enhance the consistency of urban and rural land rights is the key to the reform of rural land system.

At present, the overall promotion of the reform of the rural land system in accordance with the law should mainly focus on the following aspects.

I. stabilize the rural land contract relationship in accordance with the law

The first is to make clear the realization form of the land contract relationship that will remain unchanged for a long time. In some places, the second round of land contracting was carried out as early as 1993, and the 30-year contract period will expire in 2023. Many farmers still feel unsure about the 30-year contract period and still have concerns about the long-term stability of the contract period. In order to fundamentally allay the concerns of farmers, the third Plenary session of the 18th CPC Central Committee once again called for

"stabilize the rural land contract relationship and keep it unchanged for a long time". Several No. 1 documents of the Central Committee require the study of the specific meaning and realization form of "long-term immutability". "remain unchanged for a long time" is a major decision of the central government to deepen the reform of the rural land system, and it is the continuation, improvement and development of the existing land contract policy. The key to the implementation of "long-term change" is to make it clear whether a contract period will be established after the expiration of the second-round contract, and if so, how many years it will be. If there is no contract period, the land contractual management right is close to the collective land ownership, which is easy to be misinterpreted as the implementation of land private ownership. We tend to be "permanent" with a time limit. In this way, it is conducive to maintaining the stability and continuation of the existing land contracting policy, to the smooth transition to "long-term unchanged" after the expiration of the current contract period, and to maintaining the unity of the legal system of real rights. At the same time, it is also convenient for local governments to deal with the contradiction between people and land, the time limit for circulation, compensation and resettlement for land expropriation, and so on. With reference to the provisions of the current law on the right to the use of urban residential land and the contract right of forest land, it is suggested that the contract period of "permanent" should be determined as 70 years, and the starting point is after the expiration of the 30-year contract period of the second round. Article 14 of the Land Management Law stipulates that "the term of land contract management is 30 years", and Article 126 of the property Law stipulates that "the contract period of cultivated land is 30 years". Therefore, it is suggested that these two provisions be amended as soon as possible.

The second is to clearly define the farmers' qualification for contracted land. At present, in some suburban and rural areas, due to the lack of legal and policy basis, the confirmation of the qualifications of members of rural collective economic organizations and the enjoyment of land and the distribution of collective economic income can only be dealt with in accordance with the rules and regulations of the village. as a result, it is difficult to implement the land contract rights of rural households and rural married women, and the rights and interests of vulnerable groups such as rural women have not been effectively protected for a long time. In order to stabilize the land contract relationship, we must make up for the legal gap in this respect and clearly define the farmers' qualification for the contracted land. It is suggested that the corresponding provisions should be added to the "Rural Land contract Law" and other laws to regulate farmers' qualifications for contracted land.

The third is to enhance the legal effect of the registration and issuance of rural land contractual management rights. According to the provisions of the property Law, if you register in accordance with the law, you will enjoy the right of the nature of real right. Those who are not registered in accordance with the law are only contractual rights and belong to creditor's rights in nature. The registration and certification of rural land contractual management right is the basic work of the construction of land system. Only by clarifying and improving the legal effect of registration, farmers will apply for and change land rights certificates in time, and will pay as much attention to their own land rights certificates as marriage certificates.

II. Standardizing the circulation of contracted land in rural areas according to law

At present, according to the law, the specific ways of rural contracted land transfer include subcontract, transfer, exchange and lease. In recent years, new circulation methods such as mortgage and shareholding of land contractual management rights and industrial and commercial enterprises entering the contracted land transfer market have become the focus of attention. The current law has strict restrictions on the mortgage and shareholding of contracted land. Article 34 of the guarantee Law, Article 32 of the Rural Land contract Law and Article 184 of the property Law all stipulate that only the right to contracted management of land obtained through household contract can be mortgaged, while the right to contracted management of land obtained through household contract cannot be mortgaged. Article 49 of the Rural Land contract Law and Article 133 of the property Law stipulate that the right to contracted management of land obtained by means other than household contract can be bought into shares, but there is no stipulation that land contracted by household can also be bought into shares. In accordance with Article 42 of the Rural Land contract Law and paragraph 4 of Article 35 of the measures for the Administration of the transfer of contracted Management Rights of Rural Land issued by the Ministry of Agriculture, the current land transfer in the form of shareholding is strictly limited to farmers who contract land. From the existing legal framework, because the central policy has not encouraged industrial and commercial enterprises to lease and operate contracted land in a large area for a long time, therefore, there are no clear provisions on how to protect the contracted management rights and interests of farmers when industrial and commercial enterprises enter the circulation market. To implement the spirit of the third Plenary session of the 18th CPC Central Committee, the following issues need to be solved at the legal level:

One is to grant the right of mortgage to the contracted management right of land. The right to contracted management of land, as the most important property right of farmers, can be further enriched if it can be used as a mortgage.

The power of land disposal will broaden the supply channels of rural credit to a certain extent. The contracted land is an important property of peasant families and is more suitable to be used as general collateral. In fact, with the increase of land rent year by year, the value of rural land in the country may be greater. Allowing the mortgage of land contractual management rights is conducive to the return of funds to agriculture and rural areas, and will undoubtedly play a positive role in promoting agricultural development and increasing farmers' income. It is necessary to promptly amend the provisions of the property Law and the Guaranty Law that the right of contracted management of land shall not be used as mortgage, and clearly grant the right of mortgage of the right of contracted management of land. Land contract right is a land right acquired by farmers based on collective membership, which does not change due to the transfer of land users and changes in the way of land use. This is the basis of the basic management system in China's rural areas. The establishment of mortgage on contracted land should take the right of management as the object. If the farmer mortgages the management right of the contracted land for a certain number of years to the financial institution or other creditors, it will not affect the contracting relationship between the farmer and the collective. If the farmer cannot repay the mortgage debt when it is due, the creditor can not replace the contractor to become a new member of the collective. In order to prevent farmers from affecting their basic livelihood due to the loss of land contractual management rights, the limited conditions of contracted land mortgage should be clearly defined, such as stipulating that farmers can only mortgage part of their land.

The second is to standardize the right of contracted management of land into shares. The "decision" of the third Plenary session of the 18th CPC Central Committee proposed that "farmers are allowed to take shares in the contracted management of land to develop agricultural industrialization." To allow the right of contracted management of land to break through the existing legal boundaries, it is necessary to amend the legal provisions. It is necessary to make it clear and reiterate that farmers' land shares can only be engaged in agricultural production. We will encourage industrial and commercial enterprises to establish a close interest linkage mechanism with farmers to increase farmers' income. In order to effectively guard against the risks brought by the shares of farmers' land contractual management rights, when amending laws and regulations, we should

It is clear that farmers can only buy shares at the price of the management right of contracted land, stipulating that when the company closes down, the land contract right of farmers must be retained, and for farmers who have no guarantee for their basic livelihood, reasonable restrictions should be imposed on the cancellation of land management rights. provide relief channels for farmers.

The third is to establish and improve the access and supervision system of contracted land for farmers leased by industrial and commercial enterprises. In recent years, there are more and more industrial and commercial enterprises leasing rural land to engage in agricultural production and management. The operation of land leased by industrial and commercial enterprises not only has a favorable side, but also may have a negative impact on agriculture. From a positive point of view, we can give full play to the advantages of capital, technology and management, import modern production factors and management models into agriculture, improve agricultural production conditions, develop facility agriculture, and enhance the level of agricultural modernization. However, industrial and commercial enterprises have leased contracted land on a large scale for a long time, which has also caused some people's worries, such as aggravating the "non-grain" or even "non-agricultural" of land circulation, squeezing the employment space of farmers, and so on. With the entry of industrial and commercial capital into agriculture and the expansion of the scale of farmland management, there is an urgent need to standardize, seek advantages and avoid disadvantages. When leasing farmers' contracted land, industrial and commercial enterprises must fully respect the wishes of farmers, negotiate independently and equally between enterprises and farmers in accordance with the law, and do not allow forced transfer or change the agricultural use of the land. It is necessary to formulate relevant regulations or provisions in relevant laws and establish an access and supervision system for industrial and commercial enterprises to lease farmland contracted by farmers. It is necessary to examine the qualification of industrial and commercial capital leasing farmers' contracted land exceeding a certain scale. The focus of the review is on the enterprise's business scope, investment capacity, technical qualifications, circulation use, circulation period, transfer price and payment method, etc.

III. Speeding up the reform of rural collective land expropriation system in accordance with the law

There are indeed many contradictions in the land system, and the biggest problem is that the scope of land expropriation is too wide, the standard of compensation for farmers is obviously on the low side, and the interests of farmers are seriously damaged. At present, the land expropriation system is difficult to sustain, so the Land Management Law should be amended as soon as possible to provide support for the reform of the land expropriation system.

First, from the perspective of protecting the interests of farmers, the urgent task is to reform the current compensation methods for land expropriation. The previous government initiated the revision of Article 47 (compensation standard for land expropriation) of the Land Management Law, but failed to complete it. This problem should not be dragged on any longer. The more it drags on, the greater the damage to the interests of farmers and the more social contradictions will accumulate. At present, in accordance with the requirements of "establishing a land value-added income distribution mechanism that takes into account the state, collectives and individuals, and reasonably increasing personal income" and "ensuring farmers' fair sharing of land value-added income" put forward by the third Plenary session of the 18th CPC Central Committee, we should adhere to the principle of fair and reasonable compensation and strive to solve the problems such as the decline of the living standards of land-expropriated farmers and the lack of security of long-term livelihood due to the low standard of compensation and resettlement. It is necessary to change the principle of "compensation according to the original use of land" and the compensation standard that "the sum of compensation shall not exceed 30 times the average annual output value of the three years before land expropriation", take into account the relationship between supply and demand and the location of land, and refer to the market price of land. take the regional piece price as the basic basis for establishing compensation. The State Council should be authorized to formulate the regulations on compensation for Rural Collective Land expropriation. The "land retention and resettlement", which has been widely implemented in various localities, provides land support to land-expropriated farmers and collectives engaged in development and operation and new enterprises, which is an important way of compensation to meet the requirements of the market economy. it has played an important role in ensuring the long-term livelihood of the land-expropriated farmers. In this regard, it should be promoted and legally recognized.