The trend and New characteristics of Land Circulation under the New situation

First of all, we need to find out what is land transfer. Land circulation refers to the transfer of land use rights. The circulation of land use right refers to the transfer of land management right (right to use) to other farmers or economic organizations, that is, to retain the right to contract and transfer the right to use. In other words, on the basis of unchanged land contract rights, farmers transfer part or all of their contracted village collective land to third parties under certain conditions. Land transfer is conducive to promoting the increase of farmers' property income.

In 2014, the General Office of the CPC Central Committee and the General Office of the State Council issued the opinions on guiding the orderly transfer of Rural Land Management Rights to develop appropriate scale Agriculture, and issued a circular requiring all localities and departments to conscientiously implement them in the light of reality. The "opinion" calls for the vigorous development of land transfer and appropriate scale operation, and the confirmation of the right of contractual management within five years. The invisible market of rural construction land is active and has a huge interest space. This requires that after we get the land, we must make a good agricultural plan according to the local actual situation, and draw up a feasible agricultural planning report before we can apply to the government for a certain amount of construction land, which will greatly enhance the value of the land. Within the term of land contract, agricultural land may be transferred by means of subcontract, transfer, shareholding, cooperation, lease, exchange, etc., so as to encourage farmers to transfer the contracted land to large specialized households, cooperative farms and agricultural parks, develop agricultural scale operation. Collective construction land can be transferred through cooperation, shareholding, joint venture and conversion of land use rights, so as to encourage the concentration of collective construction land to cities and towns and industrial parks. The main points are as follows: on the basis of not changing the basic system of household contract management, the shareholding system should be introduced into the construction of the land system, the rural joint-stock cooperative system with land as the main content should be established, and the land contracted by farmers should be changed from physical form to value form, so that some farmers can feel at ease to engage in the secondary and tertiary industries after obtaining equity; another part of farmers can expand the scale of land management and realize the transformation of suburban agriculture from traditional to modern.

With the gradual strengthening of the government's guidance and service function of rural land circulation, at present, the behavior of rural land circulation is gradually becoming more and more standardized. it is mainly reflected in three aspects: first, from the spontaneous transfer among farmers and between owners and farmers in the past to the current independent circulation with equal emphasis on government and market guidance and spontaneity; second, from free ploughing in the past to paid circulation according to the market law. The third is to change from the non-standard circulation of oral agreements to the standard circulation of signing written agreements. At the same time, the process of land transfer is accelerated, and the scale is increasing year by year. The increasing standardization of land transfer depends on institutional innovation and breakthrough: first, the establishment of agricultural land property rights transaction market. Zaozhuang City, Shandong Province, through the issuance of land use property rights certificates to farmers, the establishment of agricultural land property rights trading market and promoting the construction of rural cooperatives, under the premise of "three unchanged" land ownership, contract rights and the nature of agricultural land, we will find a new way of rural land reform. Second, the government standardizes the circulation behavior. At the same time, make and provide farmers with unified demonstration texts of different contracts, such as transfer, subcontract, lease, swap and transfer power of attorney. It makes clear some rights, obligations and liability for breach of contract that may be involved by both sides of the circulation. The third is to improve the mechanism of arbitration and mediation of land transfer disputes.

In the new period, the land circulation presents new characteristics:

First, the speed of circulation is accelerated, and it is becoming more and more large-scale. The circulation speed of land contractual management rights is increasing year by year, the area of land transfer is expanding, and the number of farmers involved is increasing. So far, the area of land transferred accounts for as little as 5% of the total arable land area, to more than 15%, with an average proportion of about 8%. The number of farmers involved in land transfer accounts for about 26% of the total number of rural households.

Second, the types of circulation are diverse and the proportion is uneven. According to different standards, the transfer of land contractual management rights can be divided into different types.

(1) taking the subject of circulation as the standard, it can be divided into the transfer between farmers and village committees and between farmers and farmers. Among them, the transfer between farmers and farmers is mainly, and the transfer area accounts for about 90% of the total transfer area.

(2) taking the object of transfer as the standard, it can be the transfer of the contracted management right of responsible land, the contracted management right of mobile land and the contracted management right of three wasteland. Among them, the transfer of contracted management rights of responsible land is the main one, accounting for about 96% of the total circulation area.

(3) taking the mode of circulation as the standard, it can be divided into subcontracting, leasing, exchange, transfer, stock investment or participation in share cooperation and other ways of circulation. Among them, subcontracting is the main one, accounting for more than 70% of the total circulation area. In the subcontract, most of the farmers who go out to work or do business subcontract the land to their relatives and friends or other farmers in the village. In addition, there are other forms such as farmers' subcontracting of land to planting, large farmers and collective anti-rent subcontracting to farmers.

(4) according to the standard of whether the circulation is signed or not, it can be divided into agreement circulation and non-agreement circulation. Among them, the agreement transfer farmers have a slight advantage, accounting for about 65% of the total number of transfer farmers. Agreement transfer is divided into written agreement transfer and oral agreement transfer, in which oral agreement transfer accounts for the vast majority of agreement transfer, and farmers who sign written agreement transfer account for less than 10% of the total transfer.

(5) according to whether the circulation is paid or not, it can be divided into paid circulation and free circulation. Among them, free transfer is the main one, accounting for more than 60% of the total transfer households.

(6) according to the standard of whether the circulation complies with the procedures of reporting for approval, filing or handling the registration procedures for the change of the land use right certificate, it can be divided into approval circulation, record circulation, registration circulation and self-circulation. Among them, it is mainly self-circulation, accounting for 95% of the total circulation area.

Third, the circulation behavior is not standard and lack of management. The circulation behavior is seriously non-standard, which is manifested as more self-circulation, less application for approval and filing, less application for change registration, more oral agreement, less written agreement, more unclear agreement, less clear agreement, more non-standard content of written agreement, less standardization, and so on. There is a chain transfer phenomenon in some villages, and the farmers who accept the transfer transfer their land contractual management rights to other farmers, forming a chain transfer. Towns and villages generally lack strict and standardized management of the transfer of land contractual management rights. Fourth, part of the cultivated land is non-agricultural, and there is a very small amount of illegal circulation. Some cultivated land has been converted to non-agricultural use, mainly used to attract investment, industrial parks, small towns and other projects. The vast majority of these construction sites have been approved, and a small number of them have not been approved. In order to complete the tasks such as industrial development, the relevant towns, in the name of the town government or land use units, take the way of leasing from farmers to transfer the land use rights to their own names for non-agricultural construction.

In any case, land circulation in the new period should follow the following basic principles: first, adhere to the principle of ensuring ownership, stabilizing the right to contract, and invigorating the right to use; second, safeguard the rights and interests of farmers and adhere to the principle of "voluntary, paid, and in accordance with the law"; third, adhere to the principle of optimal allocation of land resources and optimal combination of land and other factors of production; fourth, adhere to the principle of protecting cultivated land and focusing on the protection of basic farmland. Only in this way can we ensure the smooth progress of land transfer.

Land circulation is determined by the economic law of the transformation from individual economy to socialized production. Speeding up the transfer of contracted management rights of rural land, optimizing the allocation of rural land resources, and actively promoting intensive and large-scale operation of land are the objective requirements for the development of modern agriculture and the improvement of agricultural economies of scale. the realistic way to promote agricultural efficiency, increase farmers' income and rural development is also to adapt to speed up the transfer of rural labor and guide all kinds of market subjects to invest in benefit agriculture. The inevitable choice to promote the construction of a new socialist countryside.