Some suggestions on protecting Farmers' Land Rights and interests strictly define Public interest

Land is the basis for human survival and development. Taking the new road of urbanization is inseparable from and can not bypass the land problem. In recent years, some places ignore the land rights and interests of farmers in the process of urbanization, which has a profound negative impact on China's economy, society, politics and so on. Therefore, how to protect farmers' land rights and interests in the new road of urbanization has become an important and urgent issue. In accordance with the requirements of the third Plenary session of the 18th CPC Central Committee, we must improve the governance ability of the government, protect farmers' land rights and interests in many ways, and let farmers truly share the land property income brought about by urban reform and share the fruits of economic and social development.

Strictly define the boundaries of public interest

With the rapid development of urbanization, the extension of "public interest" is constantly expanding. many local governments abuse public power to infringe upon farmers' land and property rights and interests, lack of seriousness and standardization, and random land expropriation occurs frequently. Therefore, to protect farmers' land rights and interests in the process of new urbanization, we must first improve laws and regulations to meet the legal needs of farmers' land rights and interests in the process of urbanization. What is the public interest, which projects belong to the scope of public welfare land, and which belong to the scope of non-public interest should be defined in the form of law.

The negative list of land expropriation in public interest can be made, which can be enumerated to indicate which are non-public interests, and the land for profit-making purposes shall not be requisitioned. By enumerating and publicizing the list of land that does not belong to public interest, make it become the basis of national land management. Of course, the Government should also give a clear explanation when expropriating land in the public interest. The examination link of "public interest use" shall be added at the time of land expropriation, and the specialized agencies shall examine whether the project is in line with the "public interest use". By strictly defining and examining the public interest, we should impose necessary restrictions on all kinds of land expropriation from the legal level, reduce the allocation of non-public welfare land, and clean up the land allocated in the name of public interest but actually used for profit-making purposes, put an end to the abuse of administrative power.

Improve the system and mechanism of land expropriation

Promote the registration of land rights, issue land use certificates to farmers and uniformly number management, clarify farmers' land property rights, and prevent damage to farmers' land rights and interests due to unclear property rights. The registration and certification of rural collective construction land, homestead and urban state-owned construction land will be completed as soon as possible. We will establish an information inquiry system for the unified registration of urban and rural construction land and issue regulations on the unified registration of real estate. Optimize the collection process and strengthen the detail management. When applying for land, government departments must issue announcements on government websites and local media to convey the relevant information to all parties in society, inform the relative parties of the relevant facts and their rights, and protect their right to know. Through the establishment of a hearing system, we can build a platform for stakeholders in land expropriation to express their demands, and give farmers full rights to know, participate and negotiate. Farmers can express their opinions on whether land expropriation is legal, and both farmers and the government should negotiate on an equal footing to determine the standard of compensation for land expropriation, improve the compensation scheme for land expropriation, and put an end to "clandestine operation." If there is a dispute over land expropriation, farmers should have a channel to appeal, and they can also establish a professional arbitration institution to adjudicate land expropriation disputes in the process of urbanization. Judicial organs should bring the legality of land expropriation and the legitimacy of compensation procedures into the scope of judicial review and resolve all kinds of disputes caused by land expropriation in accordance with the law. The government assists in establishing legal aid institutions for landless farmers, specifically providing corresponding legal services for farmers, and helping farmers learn to use legal means to safeguard their legitimate rights and interests. At the same time, a legal aid fund can also be established to reduce the financial burden of farmers for safeguarding their rights.

Improve the ability of law to protect farmers' land rights and interests

Speed up the revision of relevant laws and regulations and system construction, and legally protect farmers' land rights and interests, which is the institutional basis for truly effective protection of farmers' land rights and interests. From the perspective of top-level design, we should pay attention to the reasonable division of labor in the positioning, function and content of various legal norms in the land legal system, so that each bear its own responsibility, each has its own weight, support each other, and build a complete legal protection system. We will speed up the legislative work to protect farmers' land rights and interests. Under the guidance of the spirit of the third Plenary session of the 18th CPC Central Committee, we should comprehensively deepen reform, step up efforts to revise relevant laws and regulations, and build a system of land laws and regulations suited to economic and social development. Amend and improve the legal provisions related to farmers' land rights and interests, such as the Land Management Law and the property Law, as soon as possible, so that there is a law to follow to protect farmers' land rights and interests. It is suggested that a special Law on the Protection of Land Rights and interests should be formulated to clearly define farmers' land rights and interests in law. When farmers' land rights and interests are illegally infringed, legal weapons can be used to protect their legitimate rights and interests. The legislature must improve the rank of land expropriation legislation and write the contents of land expropriation into the Constitution as soon as possible, so as to provide guidance for the formulation of other relevant laws and regulations and ensure that farmers' land expropriation is always carried out within the legal framework.

Optimize the compensation system for land expropriation

According to the spirit of the third Plenary session of the 18th CPC Central Committee, we should establish a land value-added income distribution mechanism that takes into account the state, collectives and individuals. Optimize the traditional compensation system from the perspective of protecting farmers' rights to survival and development.

Update the understanding of the value of land. Nowadays, the value of land is more reflected in the value of growing food in traditional agricultural society than in the process of urbanization. Continuing to compensate according to the value of growing food rather than the market value will inevitably lead to a huge "interest gap". The Land Management Law on the expropriation of farmers' land is based on "compensation according to the original use of the expropriated land" and takes the resettlement of farmers to maintain their original living standard as the standard. as a matter of fact, such compensation standards lead to farmers and village collectives unable to share the value-added benefits of the land. It is suggested that the basis of farmers' land compensation in the process of urbanization is the market value of land, and the standard of compensation for land expropriation should be reasonably determined, rather than simply according to the output value of agricultural production. At the same time, a dynamic compensation adjustment mechanism is established to ensure that the rationality of compensation and resettlement standards remains unchanged for a long time. Only in this way can we correct the problem that the standard of compensation for land expropriation is too low and the gap after land auction is too large, and truly achieve the goal of "industry feeding agriculture and cities supporting rural areas" advocated by the central government for many years.

In order to avoid arbitrariness in the formulation of land expropriation compensation standards, it is suggested that a third-party land evaluation institution should be established. Land evaluation institutions use scientific means to scientifically evaluate the current value and potential value of land, and take it as an important reference basis for land expropriation compensation. The land value-added income that exceeds the current legal standards will be rationally distributed to solve the problem of farmers' long-term livelihood.

Establish and improve the security system for landless farmers

In the process of promoting the new type of urbanization, the importance of supporting arrangements for the social security system should be fully considered. it is an important task for the government to make the land-lost farmers secure in the current period, sustainable in the future and expected stability. The first is to continue to make the economic cake bigger. We will unswervingly promote economic transformation and upgrading, create more jobs and provide more job opportunities for landless farmers. The second is to improve employment security. The government strengthens the employment training for landless farmers to help them master skills and enhance their human capital and competitiveness, so that they can successfully obtain employment and start their own businesses. The third is to improve the security system of basic public services such as providing for the aged. For those farmers who can find employment and start their own businesses after losing their land, they can be directly incorporated into the old-age insurance for urban workers; while for those farmers who have lost their ability to work, the old-age insurance system for land-lost farmers should be added. According to the different levels of economic development and financial resources in various localities, we should improve the minimum living security system for landless farmers and provide stable minimum living security for landless peasants. The fourth is to enrich social security funds. It is clear that a certain proportion of the land transfer income of the local government should be injected into the social security fund for land expropriated farmers, and the lower limit of the ratio should be set. The collective economic organizations that have been expropriated should also allocate certain funds from their collective accumulated funds or land compensation fees into the social security fund for land-expropriated farmers to ensure the stability and sustainability of the social security funds for land-expropriated farmers. The fifth is to explore new forms of security. For example, according to the principle of equal opportunities for development, we should set aside part of the land for the landless peasants to develop the industry of enriching the people, formulate practical preferential assistance policies, and at the same time improve the government procurement system, targeted procurement of rural collective products, so that the rural collective land into a stable, sustainable income property rights, so that the expropriated farmers share the fruits of industrialization and urbanization.