Use Control and system Innovation of Rural Land

How to coordinate urban and rural areas to ensure coordinated economic and social development, but also to protect rural land resources and farmers' land rights and interests, has become the main contradiction of the current rural land problem.

In the process of promoting urban-rural integration, the so-called "urban-rural integration measures", which continue to deprive "agriculture, rural areas and farmers" of various deformations based on urban interests and the tendency of urbanization, not only fail to integrate farmers into cities. and buried the hidden dangers of social conflicts or are evolving into fierce social conflicts. As a result, the society and the media pay close attention to the problem of rural land.

Why did the "strictest cultivated land protection system" fail to restrain the current situation of continuous reduction of cultivated land? Why has the situation of basic farmland "up the mountain and down the beach" and the balance of compensation between provinces and regions not fundamentally changed in some places?

Collating the relevant data of the National Statistical Yearbook and China Land and Resources Bulletin, it is found that during the 29 years from 1978 to 2007, the area of cultivated land in China has been reduced by 12.7253 million hectares (194 million mu), with an average annual reduction of 6.6897 million mu. In addition to the disaster destruction, ecological conversion of farmland, agricultural structure adjustment and other factors, the construction occupation is the main factor. In 2008, there were still 2.874 million mu of arable land occupied by national construction, 372000 mu of arable land destroyed by disasters, 114000 mu of ecological farmland, 374000 mu of arable land reduced by agricultural restructuring and 3.734 million mu of arable land reduced by the four items. In the same period, the national land consolidation, reclamation and development replenished 3.444 million mu of arable land, a net decrease of 290000 mu. In recent years, the total supply of construction land still shows a trend of rapid growth. In 2009, 576000 hectares of construction land was approved nationwide, an increase of 44.6 percent over the previous year. In 2010, the actual land transfer area in the country was 428000 hectares, an increase of 105 percent over the same period last year. The total transaction price of land transfer reached 2.7 trillion yuan, an increase of 70.4 percent over the same period last year. This is the greatest danger of the continuous decline in the area of cultivated land.

The overall planning of urban and rural development and the integration of urban and rural areas were originally put forward to solve the problems of agriculture, rural areas and farmers. However, why do not some places "promote the allocation of resource elements to rural areas"? they do not actively explore the ways and methods of "industry feeding agriculture and cities supporting rural areas", but turn "overall urban and rural development" into an excuse for the unified distribution of urban and rural resources. As a result, a large amount of rural land continues to flow to the urban and construction land market? The market value of cultivated land cannot be estimated. Assuming that the farmers' income per mu of cultivated land is lost by an average of 50,000 yuan, how many trillion yuan of land assets are taken from farmers by the state through monopolizing the primary market of land? when on earth will industry feed agriculture and cities support rural areas?

Why does the rural population continue to decline while the rural homestead area continues to increase? According to the research of the Institute of Geography and Resources of the Chinese Academy of Sciences and the Land Management Center of the Ministry of Land and Resources, from 1996 to 2005, the rural population in China decreased from 850.85 million to 745.44 million, a decrease of 105.41 million; in the same period, the rural homestead increased by 64600 hectares.

Why are some places keen to promote farmers' land management contract rights, homestead and housing, replacement of social security and urban housing (referred to as "three replacements"), and enclose farmers' land in new ways and new means? Why do some places take advantage of the loophole of "increase and decrease of urban and rural construction land" (referred to as "double hook"), blur land property rights and use boundaries, and evade land use control?

In reality, there are many such cases in rural areas, such as: group incidents caused by land expropriation and demolition compensation in Suzhou High-tech Zone, forced demolition in Yihuang, Jiangxi Province, and so on. Chongqing "land ticket" transaction, that is, rural homestead and its ancillary facilities land, township enterprise land, rural public facilities and public welfare construction land and other rural construction land are reclaimed into cultivated land, through the "double-linked" system, the practice of applying the balance index to the new urban construction land has actually caused a conflict to the "land use control".

Why is it that the government's actions of "doing practical things for the people", "increasing farmers' income" and "breaking the dual structure" always fail to win the sincere support of the common people as long as the land issue is involved? For example, the land transfer promoted by the government, the "three replacements", the withdrawal and merger of administrative villages, the transformation of old villages and urban villages, and so on. The reason is that many measures under the guise of "for farmers" are actually for urban expansion, not for the development of agriculture, rural areas and farmers.

Whether it is a country of public ownership or private ownership of land, to solve the contradiction between the needs of economic development and the protection of land resources and farmers' rights and interests mainly depends on the use control system rather than the land ownership system.

Various signs show that in the new stage of balancing urban and rural development, a new round of "enclosure" has been quietly revived, and China's rural land management is facing more severe challenges. The "decision" of the third Plenary session of the 17th CPC Central Committee predictively stressed the need to "improve a strict and standardized rural land management system."

First, the contradiction between the needs of economic development and the protection of land resources is the main reason for the emergence of the use control system. Even if the land is privately owned, it is also necessary to establish a strict land use control system to solve this contradiction. For example, "the United States, the United Kingdom and other countries have the final right of land use rights, through possession, control, management, preemption and other implementation of land use control, in order to protect agricultural land" (Li precious, 2008). The author inspected the American rural land system three times in 1998, 1999 and 2002, and visited the King County Land Policy and Planning Office, the County Agricultural Committee and the kirsop Farm in Olympia, Thurston County. Among them, I was extremely impressed by the practice and experience of the King county government in purchasing the "permanent Development right of Agricultural Land" and the "Land Zoning Law". King County reduced its farmland by about 50-60, 000 acres in more than 30 years from 1960 to 1990. in 1979, voters in the county agreed to pay more taxes and paid $50 million to buy 12800 acres of land from farmers for permanent development rights (called "reserved farmland"). In 1994, a land zoning law was enacted. Since then, the momentum of farmland reduction in King County has been fundamentally controlled. It can be seen that in order to achieve the goal of curbing land enclosure, protecting cultivated land and saving intensive land use, it is necessary to improve a strict and standardized land use control system.

Second, the current rural land system in China has played an important role in rural economic and social development and even the great rejuvenation of the Chinese nation, and should be improved on the basis of "long-term persistence" instead of starting all over again. Since the earliest prototype of the land contract system, "from production to household", the reform of rural land management system has been pushed to the "tip of the wind and waves". From 1982 to 1986, the first round of five "Central No. 1 documents" in the history of rural reform in China were issued and implemented, and the framework of a new rural land system was gradually constructed. Subsequently, the reform of rural contracted land management system has been carried out along the path of "defining ownership, stabilizing the right of contracting, activating the right of use, ensuring the right of income and respecting the right of disposition". The promulgation and implementation of the Rural Land contract Law marks the formal establishment of a new land system of "collective ownership of rural land, household contract management, long-term stable contracting rights, and encouraging legal transfer". This "is another good law for farmers to improve their economic status after the land reform law of the people's Republic of China," which should be fully affirmed.

"improve the strict and standardized rural land management system", focusing on the construction of a land use control system suitable for China's national conditions.

To promote the integration of urban and rural areas, first of all, we need to change the development ideas and strategic priorities, and implement the strategic thinking of "industry feeding agriculture and cities supporting rural areas" into specific policy measures and institutional arrangements.

The requirements for the innovation of rural land management system in the overall planning of urban and rural development include two aspects: we need to protect the scarcer land resources, resolve the more acute contradictions between people and land, and protect the more lost farmers' land rights and interests; it also needs "rural land management" to actively respond to the trend of urban-rural integration. Therefore, special in-depth investigation and research is needed to actively explore a balanced land management system that not only co-ordinates urban and rural security development, but also protects rural land resources and farmers' land rights and interests.

The equilibrium of the rural land management system can be found from the following four aspects: first, to keep the bottom line: the red line of 1.8 billion mu of arable land. Second, broaden the line of sight: control desertified land and expand agricultural land; grain production of grain, cotton, oil and other agricultural products should focus on 10 billion mu of agricultural land instead of just 2 billion mu of arable land. Third, stripping the authority, the government will no longer directly manage the land. Fourth, the upper limit of income: land finance is transformed into land fund; farmers' collective land value-added income is rationally distributed, and tax revenue is increased.

Revise and improve relevant laws and regulations. It is undeniable that the reform of the rural contracted land management system still needs to be deepened. At present, the research on the reform of rural contracted land management system should start from two aspects: first, the right of rural land contractual management can be improved and its rights and interests guaranteed. The research on the market system of rural land circulation, the system of appropriate scale operation and the withdrawal compensation system of farmers' land contractual management right in cities should be taken as the research focus of the proposed breakthrough. Second, we should focus on the progress, practices, experience and problems of the reform of rural forest right system, and explore the improvement of rural collective forest land contract management right and system guarantee. At the same time, it is necessary to establish and improve the land use control system and the basic farmland protection system.

Strengthen the research on the needs of new legislation. Such as: the conditions, procedures and compensation standards of "three centralization", "three replacement" and "double linkage" and the methods linked to the indicators of construction land, etc.; in the village transformation and household registration reform, the withdrawal of the membership rights of rural collective economic organizations and the mechanism of entering urban economic or community organizations; the issue of land interests in the transformation of villages in the city.

The author investigated in a town in the south of the Yangtze River that the town construction expropriated 400 mu of arable land from a village in the city (compensation for 40,000 / mu in 2006 and 80,000 / mu at present), and returned (40 mu) to the village collective as construction land (state-owned allocated land) according to 10% after expropriation, in order to facilitate real estate transactions. The village collectively paid the transfer fee of the 40 mu of land (turned into state-owned land) according to the average price of the local urban land (1.5 million / mu). Then the village formulated six phases of housing construction plan, and four phases of 396units have been completed. the villagers of the village are divided into houses according to the principle of one house per household and one mu of contracted land, and the price is based on the construction cost price (about 5000 yuan / square meter). One of the farmers gets 8 sets of housing. If sold according to the local real estate price (20, 000 yuan per square meter per month), each set can increase by at least 1 million yuan. This case tells us the new situation and new problems faced by institutional innovation, such as the necessity, management methods and system of retaining "collective land" in urban areas, and how to adjust the abnormal development of property income in urban villages.