Where is the Way of Rural Land Circulation Reform

What I want to discuss with you today is the direction of the reform of rural land circulation, that is, where is the road to the reform of rural land circulation.

When it comes to the reform of rural land circulation, we have to talk about the transformation of urbanization. Dr. Li Keqiang talked about "people-centered" urbanization, and then talked about the transformation of shantytowns and villages in the city, as well as the overall integration of urban and rural areas. the rural land circulation reform that the author is talking about today is discussed in the context of new rural construction or the integration of urban and rural areas. Rural land is mainly divided into agricultural land and construction land. With regard to the reform of agricultural land transfer, the author asks everyone to pay attention to three points: "family farm", "agricultural professional cooperative" and "land trust".

The third Plenary session of the 18th CPC Central Committee mentioned "family farm" for the first time, which means that there will be many family farmers in the future. with the reform of the household registration system, farmers will be more of a profession than a status symbol in the future. In practice, these countries in Europe and the United States also have a family farm system, and companies are set up mainly to avoid paying estate tax. Family farm system is the most suitable form of agricultural production in China, it can also effectively ensure the quality of agricultural products, but it can not solve the problems of agricultural scale and agricultural industrialization. The state mentions "specialized agricultural cooperatives". When several family farms unite to form professional cooperatives, the situation is different. With regard to agricultural specialized cooperatives, in 2007, the National people's Congress promulgated the Law on Cooperative Agricultural specialized Cooperatives of the Communist Party of China, and Hunan Province also formulated measures for Hunan Province to implement the Law of the people's Republic of China on Farmers' specialized Cooperatives. the day before yesterday, the Ministry of Agriculture, the National Development and Reform Commission and other nine ministries jointly issued the "opinions on guiding and promoting the standardized Development of Farmers' Cooperatives", which shows that high levels attach importance to the development of cooperatives. Family farms are like small and micro enterprises, involving few legal services, professional cooperatives like small and medium-sized enterprises, perhaps legal services are not complex, but with the rural reform and agricultural development, a large number of cooperatives will emerge in the future, and there will be a big market for legal services. "Land Trust" is a new land transfer model, so far, there is not a successful or mature case, lack of first-hand research data. But land trust, like Internet finance, represents a direction and deserves our in-depth and continuous attention and research. In view of space constraints, I will discuss the legal issues involved in these three issues one by one in the future.

With regard to the reform of the circulation of rural construction land, I would also like to mention three points, namely, "direct entry of commercial construction land into the market", "linkage between the increase and decrease of urban and rural construction land", and "direct entry of residential land into the market".

"operational construction land directly into the market" means that the land can be directly used for industrial and commercial development without being expropriated by the state, but real estate development is restricted. Different from "homestead directly entering the market", the former is the construction land left by township or village-run enterprises, while the latter is the homestead of farmers. The former was carried out on a pilot basis more than a decade ago, and the "same power, same price and same city" mentioned at the third Plenary session of the 18th CPC Central Committee refers to operational construction land. The latter has a wide range of transactions in social reality, which typically represents "Zhengezhuang Village in Beijing", but it will not "righten" for a long time in the past and in the future. Because it moved the government's cheese, the former moved, but this part of the land is not large, the latter is too large, the government will not make this opening. The reform of rural land circulation must be sustained only if the interests of the government, enterprises and farmers are balanced. Judging from the current practice, "linking the increase of urban and rural construction land" is the most acceptable scheme for all parties, which can relatively balance the interests of all parties. What is increased is the state-owned construction land, while the decrease is the rural construction land, mainly the homestead. After farmers live in concentration, the remaining homestead is reclaimed into cultivated land and the index of state-owned construction land is replaced. The typical models are "two points and two exchanges" in Jiaxing, Zhejiang, "Homestead for Housing" in Tianjin, "double abandonment" in Wenjiang in Chengdu, and "Land ticket system" in Chongqing. In Hunan, I have participated in similar projects such as "Xunlong River Ecological Town" and "Taohuayuan Ancient Town".

Jiaxing's "two-for-two" plan, Jiaxing did a better job is that it did not deliberately drive farmers upstairs, deliberately large-scale land transfer, giving farmers more choices, while strengthening employment and social security.

Chengdu Wenjiang District "double abandonment" model, Chengdu can achieve double abandonment, fundamentally lies in the realization of the household registration system reform, there is no difference between urban and rural household registration, and the establishment of a unified urban and rural social security system, they are in the forefront of the times.

Tianjin's "homestead for house" model, from the current practice, is not as innovative and advanced as advertised. In fact, in order to meet the development land of Tianjin Binhai New area, it is suspected of rushing farmers upstairs.

The author participated in the construction of Xunlong River ecological town, the core of its model is also "homestead for house". It is better to explore the Xunlong River in two points, trying to achieve a balance among the interests of the government, enterprises, and farmers. In addition, Xunlong River has a set of preferential policies for governments at all levels, using government money to promote local infrastructure construction and improve the living environment.

The Taohuayuan ancient town project, the project in my hometown, is now controversial. But there are at least two points worth affirming in this project: 1, it is a tourist real estate, there is little possibility of a ghost town in the future; 2, it promotes the process of local urbanization.

The "land ticket" trading system in Chongqing is a model that I appreciate. Its fundamental point is that it broadens the trading channels of homestead, unlike the one-shot sale of homestead in Tianjin, which is closer to the market transaction and gives farmers more choices.

In view of the space limitation, in the future, Tuliujun will discuss and communicate with you on the sub-topics of "Family Farm", "Professional Cooperative", "Land Trust", "operational Construction Land directly entering the Market", "linking the increase and decrease of Urban and Rural Construction Land", "Housing with small property Rights" and "Market Analysis of legal Services for Land transfer".