Zheng Fengtian: three Red Lines of Rural Land transfer

In recent years, rural land circulation develops rapidly in China, but there are some problems, including forced circulation, one-sided pursuit of circulation scale and speed, etc., which infringe on farmers 'legitimate land rights and interests. The problems of "non-grain" and "non-agricultural" caused by capital going to the countryside are also prominent. If we listen to it, it will affect the orderly circulation of rural land and the healthy development of moderate scale management in China. The Opinions on Guiding the Orderly Circulation of Rural Land Management Rights and Developing Agricultural Moderate Scale Management issued by the General Office of the CPC Central Committee and the General Office of the State Council standardize the chaos of rural land circulation, design the top-level red line, set the tone of "three can't do", and draw three red lines to guide the healthy circulation of rural land. These "three cannot do" are actually three red lines. Only by following these red lines can rural land circulation truly promote the development of modern agriculture and increase farmers 'income. The three red lines include:

The first red line is that farmers 'land cannot be forcibly transferred. Farmers' contracting rights and interests should be protected. Land transfer rights belong to farmers. Although the central government encourages innovative forms of agricultural land circulation, it is not how the grassroots want to come. Only what the central government allows can be done. For example, the problem of fragmentation of contracted land can be solved through exchange, the mortgage and guarantee of land management rights can be promoted, and farmers can be allowed to participate in the development of agricultural production with contracted management rights. However, the right to land circulation belongs to farmers, and the right to contracted management of land belongs to farmers. Whether land circulation, how to determine the price and how to choose the form should be decided by the contracted farmers independently, and the proceeds from circulation should also belong to the contracted farmers. We must not make the Great Leap Forward, impose coercive orders or give blind administrative commands. To respect the main position of farmers in the circulation, village-level organizations can only organize unified circulation under the premise of written entrustment of farmers, and it is forbidden to centralize the contracted land of the whole village in the name of minority obeying majority. We should strengthen the construction of land circulation service system to ensure the orderly and healthy circulation of land.

The second red line is the red line drawn for capital going to the countryside, which is to prevent problems such as "non-grain" and "non-agricultural". It is meaningful for industrial and commercial enterprises to enter agriculture, but there are many problems. The advantage of capital going to the countryside is that it can bring new technology, new varieties and new business models, but excessive pursuit of profits will easily aggravate the tendency of "non-grain" and "non-agricultural" and occupy the employment space of farmers. In order to prevent "non-agriculturalization" caused by capital going to the countryside, the Opinions define the business scope of capital going to the countryside, that is, developing improved seed breeding, high-standard facility agriculture, large-scale breeding and developing rural "four wastes" resources, which farmers cannot do one by one, regardless of replacing farmers. It is also necessary to strengthen supervision and risk prevention of land for industrial and commercial capital circulation, have clear upper limit control over long-term and large-area leased land contracted by farmers, establish and improve qualification examination, project examination and risk guarantee fund system, strengthen access threshold and strong post-event supervision, and regularly supervise and inspect the capital of leased land, investigate and correct illegal behaviors.

The third red line is to propose four "prohibitions", adhere to the strictest farmland protection system, and effectively protect basic farmland. Rural land circulation should not only be released, but also a cage. In reality,"non-agricultural" of cultivated land occurs from time to time. In many places rural land is appropriated under the pretext of agricultural development and then used for non-agricultural development under various names. "Opinions" proposed to take use control as the starting point, put forward four "prohibitions" strictly prohibit illegal non-agricultural construction in the name of land circulation. The four "prohibitions" include: strictly prohibit illegal non-agricultural construction in the name of land circulation; strictly prohibit the construction or disguised construction of tourist resorts, golf courses, villas, private clubs, etc. on the transferred farmland; strictly prohibit the occupation of basic farmland, digging ponds and planting trees and other acts that destroy planting conditions; and strictly prohibit the destruction, pollution, occupation of idle farmland and damage to farmland infrastructure. We will resolutely investigate and deal with illegal and illegal non-agricultural construction through "renting and collecting", and resolutely prohibit unauthorized "non-agricultural" of cultivated land.

In short, promoting rural land circulation is of great significance to the scale operation of modern agriculture, but it must be based on land use control. In the process of circulation, we must respect farmers 'land rights and interests and not change the use of land, especially non-agricultural use. Only in this way can land circulation develop healthily.