Suggestions on establishing the Land transfer Mechanism of the New Agricultural Management system

The construction of a new agricultural management system composed of professional large households, family farms, farmers' cooperatives and agricultural enterprises is another important reform of China's rural economic system on the basis of inheriting the household contract system. In particular, it is related to the key issue that we should not only maintain the long-term land contract relationship but also promote the effective land circulation in the realization of appropriate scale operation. In this regard, by summarizing the experience at home and abroad and conducting field research in Changsha County, we put forward the following suggestions:

1. In concept, we should have a complete understanding of the economic nature of land. Land is not only an important means of agricultural production, but also the most basic property of Chinese farmers. In the past, our country mainly emphasized the nature of its means of production, but seriously ignored the property nature and power of agricultural land owned independently by farmers. Farmers' contracted land is in a state of "virtual property" that can not be traded and measured, thus affecting the enthusiasm of farmers to manage land. Therefore, the system and policy arrangement of agricultural land in our country should consider not only its nature as an important means of production in our country, but also its nature as the basic property rights of farmers, and clarify the property rights of the main body of agricultural land management. improve the efficiency of land resource allocation in China.

2. Implement the right of household contract management from the level of basic system. It is mainly to realize the seamless connection between the Land Management Law, the property Law and the Rural Land contract Law in the protection of farmers' land rights and interests, and to make clear the long-term management right of farmers' contracted land, which can be transferred, mortgaged and leased, comprehensively register the right of contracted management of rural land, and uniformly issue the land right certificate of legal contracted land, so as to facilitate the circulation and mortgage. With regard to the provisions on "special circumstances" relating to the adjustment of contracted land, the specific contents of the project should be clearly defined in detail, and the expansion of the scope should be strictly prohibited; as for the provisions of requisitioning farmers' contracted land for the sake of "public interest," it is necessary to make clear the specific content of "public interest" and strictly control the scope of public purposes.

3. Standardize the effective circulation of contracted land from the level of property rights transaction. Farmers' contracted land transfer must respect farmers' right to contract land and farmers' wishes, sign legal land lease contracts, pay farmland rent at market prices, and realize farmers' land contract rights through property rights market transactions. According to the survey, the main problem here is that in order to adapt to mechanized large-scale production, the contractor must break the boundary of the land contracted by the original farmers and sort out the transferred land on a large scale, so it is necessary to lease the contracted land for a long time. As rent is the basic source of living expenses of contracted farmers, and living expenses change with prices, farmers will inevitably ask for an increase in rent after prices rise, otherwise the land lease contract may be cancelled. Therefore, the contract of contracted land transfer is a kind of incomplete contract, and the rent adjustment procedure and the third-party implementation mechanism should be set up in the contract to guide the establishment of the land transfer distribution mode of "bottom fund + dividend + labor income". In order to strengthen the relationship of interests between agricultural management organizations and contracted farmers, and improve the level of trust between them.

4. Focus on promoting the new land circulation management mode of "shares + cooperation". Under the premise of keeping the household contract relationship unchanged, the village collective forms cooperatives with mobile land management rights, farmers' contracted land management rights, and agricultural enterprises converted into shares with money, agricultural machinery, technology or other factors. realize agricultural scale operation and improve the efficiency of production and operation. In terms of organizational structure, modern corporate governance structures such as shareholders' Congress, board of directors, board of supervisors and so on should be established, and the mode of "guaranteed rent + surplus dividend" should be adopted in the distribution of benefits. In the large-scale promotion, we should pay attention to guard against risks, and local governments should exercise administrative power fairly, maintain market order and act as fair judges. We should not only adhere to the basic direction of agricultural large-scale operation, but also strengthen the supervision of land use, and put an end to the non-agricultural development and management of agricultural land under the guise of agricultural land transfer and industrial interaction. Cooperatives that accept the transfer of land shall be subject to strict restrictions and cannot change the use of the land. In the whole process of the establishment, operation and termination of cooperatives, the government should play a regulatory role, maintain the stability and sustainable development of cooperatives, and ensure that there is no loss of agricultural land and participation in the rights and interests of farmers.