MySheen

Endow farmers with more property rights around land rights

Published: 2024-11-08 Author: mysheen
Last Updated: 2024/11/08, Farmers' property rights refer to their rights to land and the rights derived from them, including farmers' right to contracted management of land, the right to the use of residential land and the right to distribute income from collective assets. Farmers' Land property Rights and current Land Policy Reform and innovative Farmers

Farmers' property rights refer to their rights to land and the rights derived from them, including farmers' right to contracted management of land, the right to the use of residential land and the right to distribute income from collective assets. Farmers' land and property rights are closely related to the current land policy reform, the innovation of agricultural management and most of the issues in economic and social sustainable development. Clearly defining and giving farmers reasonable property rights can fundamentally protect the interests of the broad masses of farmers and improve their income.

First, it is of great significance to give farmers more property rights.

(1) effective ways to increase farmers' income

Increasing farmers' income is the key to solving the problems of agriculture, rural areas and farmers. From 1980 to 2012, the relative gap between the per capita disposable income of urban residents and the per capita net income of farmers (the per capita net income of farmers was 1) expanded from 2.5 to 3.1, and the absolute difference increased from 286.3 yuan to 16648.4 yuan, nearly 60 times. The low income level of farmers, slow growth, and the large income gap between urban and rural residents are not only not conducive to agricultural and rural development and the improvement of farmers' living standards, but also restrict the expansion of domestic demand, especially consumer demand and sustained and steady economic growth. Therefore, increasing farmers' income is of great significance to solve the problems of agriculture, rural areas and farmers and even the overall situation of economic and social development.

From the composition of farmers' income, among the four parts of household operating income, wage income, transfer income and property income, the proportion of property income is relatively low, which is the greatest potential to increase farmers' income. Giving farmers more property rights can effectively increase their property income, become a new growth point for farmers' income, and gradually narrow the income gap between urban and rural residents.

(2) the inevitable requirements for farmers to enjoy the fruits of modernization

The inequality between urban and rural areas is the biggest obstacle affecting the process of modernization and building a well-off society in an all-round way. A deep-seated reason for the inequality between urban and rural areas is the unequal property rights enjoyed by farmers and citizens. The houses legally built by farmers themselves on the homestead do not have complete property rights.

This not only restricts the cultivation, accumulation and expansion of farmers' wealth, but also restricts farmers' property to enter the social property value-added system, credit system and flow system, resulting in the inequality of economic rights between farmers and urban residents. affect the development of urban-rural integration. Give farmers equal property rights, achieve their equal modern personality status, let the broad masses of farmers equally participate in the modernization process and share the fruits of modernization, so as to realize the equality of rights of urban and rural residents. This is a major problem facing China's modernization.

(3) the necessary basis for innovating the agricultural management system

The innovation of agricultural management system and the development of appropriate scale operation inevitably require the reduction of farmers who stay on the land. At present, a considerable part of the rural population can only choose the amphibious life style that flows between urban and rural areas. It is not realistic to quickly let farmers withdraw from land completely, but relying on urbanization to reduce farmers is a long-term gradual process, which needs to find another way, that is, to urge some farmers to withdraw from land management in essence and transfer the right of land management through circulation and other means.

In China, more than 48% of the rural labor force has turned to non-agricultural employment, but the transfer area of land contracted by farmers accounts for only 21.2%. Many farmers worry about whether the transfer of land management rights and the innovation of management methods will lead to the loss of land. Only by clarifying the land contractual management right and its power owned by farmers, can we adhere to the collective ownership of rural land, and only by making farmers have more complete and sufficient power to contract land, can we further improve the relationship between farmers and land, expand the production and management function of agricultural land, and promote agricultural and rural development.

(4) the necessary prerequisite for the citizenization of farmers

First, in the process of farmers' citizenization, farmers urgently need funds to solve their own problems such as buying houses and starting a business in cities and towns. Giving farmers more property rights will help farmers to achieve more property income. For example, whether farmers' houses can enter the social property value-added system, credit system and circulation system under the condition of market economy is directly related to whether farmers' property can be transformed into assets and then into capital, and it is possible to settle in cities and towns economically.

Second, farmers have a strong awareness of land rights. According to a survey conducted by relevant national research departments in 2013 based on 3154 questionnaires from 30 cities across the country, among the rural household registration samples (68.3%), only 5% of farmers are willing to give up contracted land either paid or free after settling in cities (see figure 1). The proportion of people who are willing to give up homestead is also very low. Farmers in cities believe that the focus of promoting the citizenization of migrant workers is to protect their rights and interests such as contracted land and homestead (see Table 1). Fear of losing land has become an important reason why some farmers do not want to change their households. Most of the farmers who go to cities want to retain the property rights of land and are willing to transfer land in different forms or withdraw for a fee. Therefore, the property attribute, power and realization of farmers' land rights must be clearly defined, and the corresponding system design must be carried out on this basis, so as to guide and promote the process of citizenization scientifically.

Second, the main manifestations and problems caused by the imperfection of farmers' property rights at present.

(1) the right to contract management of agricultural land is incomplete, and the allocation efficiency of land resources is low.

1. The right and energy structure of land contract management is incomplete. Based on the needs of national conditions, China has imposed certain restrictions on the disposition of land contractual management rights in the system design. For example, the right to mortgage contracted land is strictly restricted, and the right of contracted management of land can not be fully realized as a usufruct, which hinders the marketization and capitalization of land elements and reduces the efficiency of the allocation of land resources. it harms farmers' right to obtain higher land rent.

two。 The transaction of land contractual management right is limited. Right transaction is the main form of realizing the exchange value of land contractual management right. Whether it is the property Law or the Rural Land contract Law, there are many restrictions on the procedures and premises of the transaction of rural land transfer and land contractual management rights, and the exchange value is lack of equity and capitalization mechanism. If the right transaction is limited, the exchange value of the land contractual management right can not be fully manifested, which not only limits the land circulation and reduces the efficiency of the allocation of land resources, but also infringes on the freedom of the property rights of the subject of the land contractual management right.

3. The mechanism of paid withdrawal of contracted land lags behind seriously. The current land system allows the withdrawal of land contractual management rights, but does not reflect the utility of wealth. The Land contract Law stipulates that only if the contractor invests in the contracted land and improves the land production capacity, he will have the right to receive corresponding compensation. Therefore, farmers are unwilling to withdraw from the contracted land even if they go to settle in the city, which not only increases the social cost, but also hinders the process of citizenization.

 
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