The "separation of powers" gives farmers substantial benefits in the reform.

The central government's "opinions on guiding the orderly transfer of rural land management rights to develop appropriate scale operation of agriculture" (hereinafter referred to as "opinions"), aiming at the circulation and scale operation of rural land management rights, it is proposed to separate the ownership of rural collective land, the right of contract and the right of management, so as to further deepen the reform of rural land system. The State Council's Circular on the implementation of several Financial policies to support the citizenization of the Agricultural transfer population has also put forward ten policies and other measures. At present, a new round of reform is rising in rural areas. what kind of practical impact will the new policy have on farmers who transfer land to cities?

Mortgaged loan for the right of contracted management of land

[case]

After the release of the "opinion", Wang, a farmer who has been out there for many years, returned to his hometown, which is rich in apples and pears, and set up his own fruit company. He persuaded his family to pledge the management right of the contracted land to the local rural credit cooperatives, obtained a loan and solved the financial problem. But some people think that the management right of land can not be mortgaged, with the management right of contracted land as mortgage, loan, loan is illegal.

[analysis]

The current legislation and judicial practice allow other ways of land contractual management right mortgage, but hold a negative attitude to the land contractual management right mortgage obtained by household contract. Article 184 of the property Law also regards collectively owned land use rights such as cultivated land, homestead, private land and private mountains as property that cannot be mortgaged. After the "separation of rights" of the "opinion" was put forward, the State Council issued the guidance on carrying out the pilot Project of Mortgage loan for the Management right of Rural contracted Land and Farmers' Housing property Rights (Guofa (2015) No. 45). The pilot project involves breaking through the relevant legal provisions such as Article 184 of the property Law and Article 37 of the Guaranty Law, which shall be submitted by the State Council to the standing Committee of the National people's Congress for authorization according to the procedure. The pilot areas are allowed to suspend the implementation of relevant legal provisions during the pilot period. The mortgage of land contract right that meets the following conditions should generally be considered to be effective: first, the mortgagee is the financing institution; second, the scope of the debt guaranteed by the mortgage is limited to the debt of the peasant household who provides the mortgage; third, registration is the effective element.

Farmers who lease contracted land and go out to work get compensation for land expropriation.

[case]

Farmer Hu rented out the contracted land and took his wife and children to work for more than ten years, but the hukou has not been moved from the village. Recently, the city has expanded its capacity, requisitioned the village land and given a lot of economic compensation. When he heard about it, he came back to the village committee to ask for a share of the compensation. The village committee did not allow him to participate in the distribution of compensation, and there was a dispute between the two sides. But with the release of the opinion, he got the money.

[analysis]

The compensation fee for land expropriation is the economic compensation for the loss caused by the state expropriation of land to the land owners and land users' input and income to the land. The distribution of compensation for land expropriation should generally adhere to the following principles: (1) the principle used for land expropriated farmers. In the case of expropriation or requisition of land contracted by farmers, the land compensation fee shall generally be mainly used for the peasants subject to land requisition; if other collective land contracted by non-farmers is expropriated or requisitioned, the land compensation fee may be distributed to all members of the collective economic organization. (2) the principle of openness, fairness and justice. (3) the principle of exclusive use of special funds. (4) the principle of democratic agreement and legitimacy.

Although Hu has been working outside for many years, his hukou has not moved out, he is still operating and managing the land in the form of lease, and the relationship with the collective land contract has not been lifted, so he should participate in the distribution of land compensation fees in the village. The details should be discussed and decided by the villagers' Congress, but the decision should be legal and should follow the above-mentioned principles. This view is supported in the opinion. After the opinion was released, he got the money.

The contract for starting a business will continue to be performed when the main body of the contract is changed.

[case]

The rural youth has a depression at the head of a village, which has accumulated water all the year round and has been idle all the time. After graduating from an aquaculture major in an aquaculture university five years ago and working in a non-local farm for a year, he returned to his hometown to start a business. With the consent of the village committee and the consent of the relevant departments, he developed the depression into a fish pond. At that time, Yu signed a ten-year agreement with the village committee, and the fish pond was operated by a certain company. Not long ago, with the reform of the rural land property rights system in the county, the right to contract out this land was assigned to the first villagers' group under the village committee. Some villagers agitated to take back the fish pond. According to the "contract Law", the "Rural Land contract Law" and the "opinions on guiding the healthy Development of the Rural property right transfer Trading Market" issued by the State Council after the release of the "opinions", the changed contractor decided to continue to perform the original contract.

[analysis]

China's Land Management Law stipulates that state-owned land and land collectively owned by farmers may be determined for use by units or individuals in accordance with the law. Land collectively owned by peasants shall be operated and managed by village collective economic organizations or villagers' committees according to law; if they already belong to farmers' collective ownership by two or more rural collective economic organizations in the village, it shall be operated and managed by various rural collective economic organizations or villagers' groups in the village. The change of the main body of the contract should not affect the continued performance of the land management contract signed with the village committee. The Rural Land contract Law stipulates that the state protects the legitimate rights and interests of collective landowners and the land contractual management rights of contractors, which shall not be infringed upon by any organization or individual. After the contract becomes effective, the issuing party shall not change or terminate as a result of the change of the contractor or the person in charge, nor shall it be changed or terminated as a result of the separation or merger of the collective economic organization. The provisions of the above laws must be observed in the reform of the rural property rights system. Even according to the opinions of the State Council on guiding the healthy development of the rural property rights transfer market, the rural property rights traded through the rural property rights transfer market include resource assets and operating assets contracted to households and managed collectively in rural areas.

You can settle in the city without peeling off your peasant identity.

[case]

Wang, a young man from the countryside, served in the Armed Police Force for two years. After retiring, he was recruited as a security guard by city enterprises. Before becoming a soldier, she was engaged to a rural girl in her hometown, and now she has been married for more than three years. The child is already three years old, but the woman has not come to the city to settle down. Because the woman's hukou did not move in, the child has not been registered in the city. The reason why the woman does not come to the city to settle down is because she has to move out of the rural hukou, which means the loss of the right to contract rural land and the right to use the homestead. Under the circumstances that the income from transferring and leasing land is increasing year by year, rural people will not easily give up these rights. After the release of the "opinion", the Circular on the implementation of several Financial policies to support the citizenization of the Agricultural transfer population issued by the State Council solved this problem, and they were able to settle in cities without stripping their "peasant identity" or completely "divesting" from rural areas.

[analysis]

The Land Management Law stipulates that state-owned land and land collectively owned by farmers may be determined for use by units or individuals in accordance with the law. Units and individuals that use land shall have the obligation to protect, manage and make rational use of the land. The land collectively owned by farmers shall be contracted and managed by the members of the collective economic organization, and the term of the land contract shall be 30 years. Farmers' right to contracted management of land shall be protected by law. The Rural Land contract Law stipulates that the state protects the legitimate rights and interests of collective landowners and the land contractual management rights of contractors, which shall not be infringed upon by any organization or individual. The state protects the contractor's transfer of the right to contracted management of land according to law, voluntarily and with compensation. During the period of the contract, the contracting party shall not recover the contracted land.

After the release of the opinion, the Circular on the implementation of several Financial policies to support the citizenization of the transferred Agricultural population issued by the State Council puts forward ten policy measures: article 9 further clearly stipulates: safeguarding the land contract rights of farmers settled in cities, the right to the use of residential land, and the right to distribute collective income. The local government shall not forcibly require farmers to settle in cities to transfer the right to contract land, the right to the use of homestead and the right to distribute collective income in rural areas, or to take it as a condition for settling in the city.