To guide the orderly circulation and development of rural land management rights
We should earnestly publicize and implement the "opinions on guiding the orderly transfer of Rural Land Management Rights and developing moderate scale Management of Agriculture".
Not long ago, the State Office of the CPC Central Committee issued the "opinions on guiding the orderly transfer of Rural Land Management Rights and the Development of appropriate scale Management in Agriculture" to publicize, implement, and implement this "opinion". We must further unify our thinking, enhance our understanding, grasp the key points, and define the tasks.
First, fully understand the important significance of guiding the orderly circulation of rural land management rights and developing appropriate scale operation of agriculture.
Why should we put the guidance of orderly land transfer and the development of appropriate scale operation on the agenda now? Because this is an important task of deepening rural reform, it is necessary for development and the general trend of the times. The CPC Central Committee and the State Council attach great importance to it, and both the 18th CPC National Congress and the third Plenary session of the 18th CPC Central Committee have made arrangements for this. General Secretary Xi Jinping stressed: it is necessary to adhere to the basic position of family management in agriculture and encourage the transfer of land management rights to large professional households, family farms, farmers' cooperatives, and agricultural enterprises in the open market; it is necessary to improve the level of intensive farming, scale operation, and socialized service. Premier Li Keqiang pointed out that efforts should be made to innovate the mode of agricultural operation and, on the basis of adhering to the household contract responsibility system, on the premise of protecting farmers' legitimate rights and interests and respecting their wishes, comply with the trend and develop various forms of moderate-scale operation. We will promote the agglomeration of various modern factors of production to agriculture. This time, the "opinions" issued by the central authorities in the documents of the two offices were included in the central documents and the plan for the formulation of inner-party laws and regulations this year. after three deliberations at the 62nd executive meeting of the State Council, the fifth meeting of the Central leading Group for comprehensively deepening Reform, and the meeting of the standing Committee of the political Bureau of the CPC Central Committee, it can be said that it has high standards and strict procedures, and embodies the spirit of scientific and prudent decision-making. Why does the central government have to be so serious? The reason is that the reform of the rural land system has a bearing on the overall situation and the long term, and it is so important that it cannot be treated as the same problem; from the very beginning, this major and important matter should be taken the right path and grasped correctly, and we should not eat raw food or take detours. You can't make irreversible mistakes. The importance of this reform and the importance of "opinions" cannot be overstated. It can be said that it is necessary to guide the orderly circulation of rural land management rights and develop appropriate scale operation of agriculture, and it is also an important work that must be done well at the same time. In this regard, we can deepen our understanding from these aspects.
(1) this is an urgent need to develop modern agriculture. In order to build a well-off society in an all-round way, we must speed up the pace of agricultural modernization and realize the synchronization of the four modernizations. In recent years, on the one hand, grain production has increased year after year, and the level of agricultural modernization has improved significantly; on the other hand, agriculture is facing many old constraints and new challenges, and agriculture is still a short leg and weakness in the "four modernizations." In order to make up for this short leg and weakness, we must speed up the pace of agricultural modernization, adapt to the situation of the massive transfer of rural labor force, meet the requirements of the development of market economy, guide the optimal allocation of land elements, and develop appropriate scale operations. improve agricultural economies of scale and market competitiveness. In the process of industrialization and urbanization, the transfer and employment of rural labor force, the acceleration of rural land transfer and the expansion of agricultural operation scale are the common phenomenon and general law of agricultural development in the world. Now, China has also reached such a stage. By the end of June 2014, the transferred area of contracted cultivated land in rural areas was 380 million mu, accounting for 28.8 percent of the total contracted cultivated land. There were 3.17 million large rural households, 870000 family farms, 1.24 million farmers' cooperatives and 120000 leading enterprises in agricultural industrialization. It is an inherent requirement and realistic subject to guide the orderly circulation of rural land management rights and develop appropriate scale operation of agriculture. For this reason, we must construct the two institutional foundations of rural land system and agricultural management system with Chinese characteristics by guiding the orderly circulation of land and developing appropriate scale management. to create the necessary conditions for the construction of specialized, standardized, large-scale and intensive modern agriculture.
(2) this is an urgent need to adhere to and improve the basic management system in rural areas. The two-tier management system based on household contract management and the combination of unification and division is the basic management system in rural areas and the cornerstone of the Party's rural policy. To adhere to the basic rural management system is to adhere to the collective ownership of rural land farmers, adhere to the basic position of household management, and maintain a stable land contract relationship. Practice has proved that these three requirements are in line with the agricultural conditions of our national conditions, and we must unswervingly adhere to them for a long time. At the same time, according to the new situation such as the change of rural social structure and the improvement of agricultural productivity, we should adjust and improve, develop and innovate on the premise of stabilizing the basic management system. In 1997, the Circular on further stabilizing and improving the Rural Land contract relationship issued by the Central Office and the State Office (No. 16) issued by the Central Office and the State Office answered the question of what to do after the expiration of the first round of land contracting on the premise of adhering to the basic rural management system, and solved the problems of collective ownership of land, household contracting and remaining unchanged for 30 years in theory and practice. It has laid an important foundation for the sustained and rapid development and stability of agriculture and rural areas in the past 20 years. Seventeen years later, the central government issued another "opinion" to make more comprehensive policy arrangements on issues related to rural land contracting under the new situation, which is actually for the improvement and development of the basic management system in rural areas. it has important guiding significance for rural work in the future. According to the spirit of the "opinion", we should guide the orderly circulation of the management rights of rural land, which is the management rights of contracted farmers, which is conducive to the further liberation and development of agricultural productivity and creates conditions for the development of appropriate scale operation of agriculture. at the same time, it did not change the nature of collective ownership of rural land, did not change the land contract relationship, did not shake the basic position of household management, and did not shake the cornerstone of the Party's rural policy. Make the basic rural management system on the basis of stability, but also keep pace with the times to further improve, more adapt to the situation, comply with public opinion.
(3) this is an urgent need to protect the legitimate rights and interests of farmers and maintain harmony and stability in rural areas. Land is the lifeblood of farmers and the fundamental interests of farmers. Farmers are mainly concerned about the "three plots of land", that is, contracted land, homestead and collective construction land. Among them, contracted land is the most important means of production and the most basic livelihood guarantee for farmers, which involves the largest area and the most complex relationship of interests. in recent years, disputes over land requisition and land transfer have increased, and the problem of protecting farmers' land rights and interests is prominent. At present, there are more than 200 million farmers in China, and ordinary farmers who manage their own contracted farmland still account for the majority. Guide the orderly transfer of contracted land management rights, which is related to the legitimate rights and interests of hundreds of millions of farmers in the process of urbanization, related to the harmony and stability of rural areas. Under such circumstances, only by further reiterating the basic principles and defining policy boundaries, so that farmers can really benefit from land circulation and scale operation, and their land rights and interests will not be harmed, can their enthusiasm for participation be aroused, the transfer of land management rights can be carried out in an "orderly" manner, and the harmony and stability of rural areas can be guaranteed. To this end, the "opinion" particularly emphasizes that we must adhere to the principle of voluntary compensation in accordance with the law, respect the status of farmers as the main body of circulation, resolutely prevent infringement of farmers' land rights and interests, and prohibit coercive orders in land transfer.
(4) this is an urgent need to solve the outstanding problems in land circulation and scale operation. From the practice in recent years, the circulation of rural land in China has been accelerated obviously, and the scale operation has developed rapidly, which has played an important role in the construction of modern agriculture and the increase of farmers' income. Land transfer is generally healthy. However, there are also two outstanding problems, such as the unclear contract relationship and the unclear ownership of the contracted land, as well as two outstanding problems, such as forcibly pushing the land against the will of the peasants, even carrying out the land transfer under the task index, and the serious tendency of "non-grain" and "non-agriculturalization". Throughout the development history of other countries in the world, different approaches will lead to two completely different endings. one is to guide the orderly circulation of land and develop appropriate scale operation with farmers as the main body, which not only promotes industrialization and urbanization, but also solves the problem of increasing farmers' employment and income, such as some developed countries in Europe and the United States. The other is that the land is concentrated in a small number of people, and the scale of agricultural production has been expanded or even corporatized, but a large number of landless and unemployed farmers have poured into the cities, forming intractable "slums" and other urban diseases, falling into the "middle-income trap", such as some countries in Latin America. This time, the Central Committee issued its "opinions" in a timely manner, that is, at this important moment and critical juncture, it was to point out the way and remind everyone to prevent forks and detours.
In short, like the No. 16 document of the CPC Central Committee in 1997, the formulation and issuance of this "opinion" is not only the urgent need of current practice, but also the objective requirement of long-term development. This is the guide for the reform and innovation of rural land system and agricultural management system in the next 10-20 years. We must study earnestly and comprehend deeply. We must not only focus on the direction but also the way. We must focus on solving both agricultural and peasant problems. We must not only take advantage of the situation to guide positive actions, but also have historical patience step by step. We should see not only the general laws governing the development of modern agriculture in various countries in the world, but also the special agricultural conditions of China, which has a large population and little land, and earnestly unify our thinking and actions with the central government's decision-making and deployment, in the spirit of "opinions," accurately grasp the policy requirements, and do a good job actively and steadily.
Second, deeply understand the spirit of the Central Committee and accurately grasp the requirements of the "opinions"
The "opinions" of the two offices are composed of five parts and 19 articles, which are rich in content, far-reaching in purpose, and highly policy-oriented and instructive. We should conscientiously study the original text to ensure that the spirit is understood and the practice is grasped. The core of implementing a good "opinion" is to have a clear road and a steady pace. The so-called way to be clear is to realize the "separation of powers", adhere to the collective ownership of rural land, stabilize farmers' right to contract, and activate the right of land management; the so-called step to be stable is to achieve the "three adaptations." that is, the appropriate scale operation of agriculture should adapt to the process of urbanization and the transfer scale of rural labor force, to the progress of agricultural science and technology and the improvement of production means, and to the improvement of agricultural socialized service. The key points are as follows:
(1) under the guidance of the major theoretical innovation of "separation of powers". As we all know, China's rural land is owned by the collective, which is clear in the Constitution, but its realization forms are different in different periods. During the period of the people's commune, collective ownership and collective management were not effective. After the third Plenary session of the Eleventh Central Committee, we implemented the contracted management of peasant households, in fact, the separation of the collective rights of land and the contracted management rights of farmers, which not only adapted to the characteristics of agricultural production, but also fully aroused the enthusiasm of farmers. practice has proved that the effect is good. At present, under the background of the rapid development of industrialization and urbanization, a large number of labor force leaves the countryside, farmers are divided, and there are more and more contracted farmers who do not operate their own contracted land. In most areas, the conditions for the separation of contracting rights and management rights have been basically mature. In this regard, General Secretary Xi Jinping clearly pointed out that carrying out the household contract system of joint production, separating the ownership of land from the right of contracted management, the ownership belongs to the collective, and the right of contracted management belongs to farmers, which is a major innovation in China's rural reform. At present, in line with the wishes of farmers to retain land contracting rights and transfer land management rights, farmers' land contractual management rights are divided into contracting rights and management rights, so as to realize the separation of contracting rights and management rights, which is another major innovation in China's rural reform. "separation of rights" is an important basis for guiding the orderly circulation of land, which can not only safeguard the rights and interests of collective land and protect the contractual rights and interests of farmers, but also activate the right of land management and solve the problem of optimal allocation of land elements; it can not only adapt to the reality of the rapid development of secondary and tertiary industries, let rural labor rest assured to transfer employment and transfer land, but also promote the formation of large-scale operation of land and speed up agricultural and rural development. In a word, the realization of "separation of powers" is not only a major theoretical innovation, but also a basic follow to deepen the reform of rural land system.
(2) to grasp the basis of stabilizing the contracting relationship. Only when the land contract relationship is stable and farmers' land contractual management rights are fully guaranteed can they rest assured that they can be transferred for a long time and the inflow can obtain stable business expectations. The existing rural land contract relationship remains stable and unchanged for a long time, which is the basis for safeguarding farmers' land contractual management rights. In the past, the contracted land of farmers was mainly managed in accordance with the contract, and there were some problems, such as the area is not accurate, the four to unclear, the spatial location is unknown, the register is not perfect and so on. This makes many farmers feel insecure, always worried that the transfer of land can not protect their own rights and interests. The key to stabilize the rural land contracting relationship and protect farmers' land contractual management rights is to do a good job in the registration and issuance of contracted land rights, improve the registration system of land contractual management rights, issue ownership certificates, and strengthen the protection of real rights. to lay a solid foundation of property rights for the transfer of land management rights. General Secretary Xi Jinping stressed the need to pay close attention to this work and really give "reassurance" to the peasants. In his "Government work report," Premier Li Keqiang explicitly called for paying close attention to the registration and certification of the right to contracted management of rural land. In order to guide all localities to further do a good job in the registration and certification of contracted land, the "opinions" are clear: steady progress should be made in accordance with the principles of maintaining stability, standardizing according to law, democratic consultation, adapting measures to local conditions and graded responsibility; in principle, the right to go to the house and the land should be ascertained, and under the premise of respecting the wishes of the peasants, it is also possible to confirm the rights and shares inaccurately. It is necessary to strengthen the responsibilities at the county and township levels, establish a working mechanism with unified leadership of the party committee and government, close cooperation among departments, and extensive participation by the masses, strengthen work security, incorporate funds into the local budget, and be subsidized by the central finance. These requirements must be well implemented.
(3) to ensure that the transfer of land management rights is carried out in an orderly manner. Land circulation is a process of optimal allocation of resources, which is caused by economic laws. As a factor of production, land needs to be transferred; some farmers need to transfer when they go out to work; to improve the efficiency of agriculture, especially grain production, they also need to transfer land. In formulating this document, the central government emphasizes the encouragement of land transfer on the one hand and the orderly transfer of land on the other. What is order? That is, we should follow the law of economic development, do not go beyond the stage, respect the wishes of farmers, do not force orders, protect the rights and interests of operators, not break contracts at will, and abide by legal norms without leaving hidden dangers and loopholes. The rural labor force finds relatively fixed jobs in cities and towns, and with a stable income, it becomes a burden to go home and cultivate land during the busy season, so they naturally want to transfer the contracted land. After the transfer of the contract and the formalities, there will be restrictions and it is easy to standardize. We can only follow nature and take advantage of the situation, and we cannot forcibly transfer the land before people go out, which will affect the basis for the healthy development of land transfer. With regard to the standardization of land transfer, the key one is how to grasp and guide cadres at all levels. General Secretary Xi Jinping particularly stressed the "three noes," that is, no great leap forward, no coercion, no blind administrative command in land circulation, and timely reminders and corrections when problems arise. I think that only by doing these "three no" can we achieve order. According to statistics, in recent years, the proportion of contracted cultivated land transfer has increased year by year, by 4.8 percentage points last year and by 2.8 percentage points in the first half of this year. This shows that the speed of circulation is not a problem and there is no need for artificial acceleration. For this reason, the "opinion" emphasizes that land circulation should adhere to the principle of voluntary compensation and market allocation of resources in accordance with the law. The main purpose of the government is to do a good job in management and services, formulate market norms for land transfer, and build various forms of land management right transfer market. provide services for both sides of the transfer, guide the contracted farmers to sign written transfer contracts with the entrants, improve the dispute mediation mechanism, and ensure that the land circulation is standardized and orderly. It is strictly forbidden to set targets and set tasks to prevent haste and haste.
- Prev
The transaction market of rural property rights transfer needs to be developed healthily.
The rural property rights transfer market includes the invisible market and the tangible market. The former has allowed farmers to transfer the right to the use of contracted land since the mid-1980s, especially after the restructuring of township enterprises in the mid-1990s.
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Who moved the farmer's cheese from the transferred land villa?
Xingning City, Guangdong Province is an underdeveloped mountain county. In recent years, the county has frequently introduced large projects with big money and boldness, taking one-off land transfer as a means of land expropriation in disguise, and farmers' rights and interests have been frequently infringed. The full name of land circulation is the right of contracted management of rural land.
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