The Construction of Rule of Law in Rural areas should focus on Land
Chen Xiwen, deputy head of the Central Rural work leading Group and director of the office, said in an interview with media reporters a few days ago that as of June this year, more than 140 counties across the country were conducting pilot farmland confirmation certification, and more than 60% of Zhejiang Province had completed the confirmation of rights certification, making it the province with the fastest progress in this work in the country.
Behind the rapid progress of the work of confirming the rights of rural land, "because the existing laws and systems do not specifically limit the number of years of land contract after the issuance of the certificate, it has formed a very tangled technical problem." The number of years of land contract has not been specifically determined, which may be one of the many puzzling legal issues surrounding rural land. Although after years of development, the rule of law in rural areas of our country has made considerable progress, but it still needs to be improved in some aspects, in which the focus of the contradiction is focused on the land, which has been proved again by the recent Jinning incident.
Facing the loess and facing the sky, this is a true portrayal of the daily life of the broad masses of rural people. Sociologist Fei Xiaotong said, "Rural people can't do without dirt, because farming is the most common way to make a living in the countryside." In a self-sufficient traditional local environment, land can only be regarded as a means or tool to make a living. However, with the impact of modernization, the promotion of urbanization and the surge of economic interests, due to more and more things attached to rural land, the problem has become increasingly complex, sometimes showing a tripartite game between the government, enterprises and farmers. It is also likely to be combined with the negative problems in grass-roots governance, and the village committee, which is supposed to represent the villagers, is also sandwiched with its own interests, becoming the fourth party, and the interests are more and more intertwined. This is the origin of many major conflicts in rural areas.
A large number of games and contradictions around rural land are related to the imperfection of relevant laws. Most of the provisions related to rural land are applicable to the land management law and property law, but the maneuverability of these provisions still needs to be improved. In legal practice, sometimes it depends on the local policy, or even the policy of "one village, one village". Taking the work of confirming rights and certification in rural areas as an example, according to media reports, "the third Plenary session of the 17th CPC Central Committee mentioned that the existing contracting relationship remained stable and unchanged for a long time, so the contract certificates in some places wrote the words' remain unchanged for a long time'in the column of the contract period, but this has not been specified in the law or system."
If there is no complete legal regulation and protection, the contracting, management and circulation of rural land will be difficult to put an end to the possibility of clandestine operation and transfer of benefits, and what is more worrying is that if farmers in a weak position are unable to properly protect their legal rights, they may eventually choose to express their demands with large-scale radical behavior. Recently, the central government has examined and approved the opinions on guiding the orderly transfer of rural land management rights to develop appropriate scale operation of agriculture, among which there are many provisions of far-reaching significance. Such as insisting on the collective ownership of rural land, the separation of ownership, contracting and management rights, and so on. For the construction of the rule of law in rural areas, we should constantly implement and refine similar provisions in practice, and choose the opportunity to rise to the legal level to further enrich the rural rule of law system.
The third Plenary session of the 18th CPC Central Committee proposed that the dual structure of urban and rural areas is the main obstacle to the integration of urban and rural development. In view of this, the construction of the rule of law should also be targeted. We should not only try our best to bridge the gap between urban and rural areas and change the dual structure between urban and rural areas, but also steadily advance in view of the hot and difficult issues of the rule of law in rural areas. instead of just pursuing some urban hot issues and legislative frontier issues, we should focus on discussing some legal issues that sound very modern and high-end. In the long run, it will become a manifestation divorced from national conditions and reality. This famous statement of Comrade Deng Xiaoping applies not only to economic construction, but also to the construction of the rule of law. As long as down-to-earth, continuous exploration, based on national conditions, based on rural areas, based on land, many problems in the current construction of the rule of law can be easily solved.
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