With the process of industrialization, informationization, urbanization and agricultural modernization in China, a large number of rural laborers have been transferred, and the level of agricultural materials, technology and equipment has been continuously improved, and the transfer of farmers' contracted land management rights has been significantly accelerated. Developing moderate scale operation has become an inevitable trend. Practice has proved that land circulation and moderate scale management are the only way to develop modern agriculture, which is conducive to optimizing the allocation of land resources and improving labor productivity, ensuring food security and the supply of major agricultural products, promoting the popularization and application of agricultural technology, increasing agricultural efficiency and increasing farmers' income. We should proceed from the reality that China has a large population and a small land, and the rural conditions vary widely, and actively and steadily promote it. In order to guide the orderly circulation of rural land (referring to contracted farmland) management rights and develop moderate scale operation of agriculture, the following opinions are put forward.
First, the overall requirements of rural land transfer policy:
(A) the guiding ideology
Fully understand and accurately grasp the spirit of the central government's comprehensive deepening of rural reform, follow the requirements of accelerating the construction of a three-dimensional compound modern agricultural management system based on farmers' family management, linked by cooperation and joint, and supported by socialized services, and take the road of new agricultural modernization with China characteristics with advanced production technology, moderate scale of operation, strong market competitiveness and sustainable ecological environment as the goal of ensuring national food security, so as to promote agricultural efficiency and increase farmers' income. Adhere to the collective ownership of rural land, realize the separation of ownership, contracting rights and management rights, guide the orderly circulation of land management rights, adhere to the basic position of family management, actively cultivate new business entities, develop various forms of moderate scale management, and consolidate and improve the basic rural management system. The direction of reform should be clear and the pace should be steady. It is necessary to strengthen policy support, strengthen typical demonstration and guidance, and encourage innovation in agricultural management system and mechanism, but also to adjust measures to local conditions and step by step, and not to engage in coercive orders and administrative blind command, so as to adapt the development of moderate-scale agricultural operation to the urbanization process and the scale of rural labor transfer, the progress of agricultural science and technology and the improvement of means of production, as well as the improvement of agricultural socialization service level, so that farmers can become active participants and real beneficiaries of land circulation and scale operation.
(2) Basic principles
-Adhere to the collective ownership of rural land, stabilize farmers' contracting rights, liberalize land management rights, and promote the development of diversified management modes such as family management, collective management, cooperative management and enterprise management on the basis of household contract management.
-persist in taking reform as the driving force, give play to farmers' enthusiasm, encourage innovation, support grassroots units to try first and solve development problems through reform.
-Adhere to the principles of legality, voluntariness and compensation, with farmers as the main body, with government support and guidance, and allocate resources in the market. The transfer of land management rights shall not go against the wishes of contracted farmers, harm farmers' rights and interests, change land use, or destroy the comprehensive agricultural production capacity and agricultural ecological environment.
-Adhere to moderate scale operation, not only pay attention to improving the scale of land management, but also prevent excessive concentration of land, give consideration to efficiency and fairness, constantly improve labor productivity, land output rate and resource utilization, ensure agricultural land, and focus on supporting the development of large-scale grain production.
Second, stabilize and improve rural land in contract relationship.
(1) Improve the registration system of land contractual management rights.
Establishing and perfecting the registration system of land contractual management right, including contracting acquisition right, registration right and certificate certification right, is an important basic work to stabilize rural land contract relationship, promote the circulation of land management right and develop moderate scale operation. Perfecting contracts, improving registration books, issuing ownership certificates and strengthening the protection of property rights of land contractual management rights provide an important basis for carrying out land circulation, mediating land disputes, perfecting subsidy policies, and doing a good job in land acquisition compensation and mortgage guarantee. Establish and improve the information application platform of land contractual management right, which is convenient for people to inquire and beneficial to service management. In principle, the registration of land contractual management right is confirmed by households to land. On the premise of respecting farmers' wishes, land contractual management right can also be confirmed by mistake. Effectively safeguard women's rights and interests in land contracting.
(two) to promote the registration and certification of land contractual management rights.
In accordance with the requirements of the unified deployment of the central government and the overall responsibility of the local authorities, on the basis of steadily expanding the pilot project, it will take about five years to basically complete the registration and certification of land contractual management rights, and properly solve the problems of farmers' inaccurate and unclear contracted land. In the work, all localities should maintain the stability of contract relationship, and confirm the ownership of contracted land on the basis of existing contract ledgers, contracts and certificates; Adhere to the standardized operation according to law, strictly implement policies, and carry out work in accordance with the prescribed contents and procedures; Fully mobilize farmers' enthusiasm, rely on villagers' democratic consultation, and independently resolve contradictions and disputes; Proceed from reality, on the basis of confirming the ownership of rural collective land and the results of the second national land survey, adopt technical methods that meet the standards and norms and are recognized by farmers; Adhere to the responsibility at different levels, strengthen the responsibility at the county and township levels, and establish and improve the working mechanism of unified leadership of party committees and governments, close cooperation of departments, and extensive participation of the masses; Scientifically formulate work plans, define timetables and road maps, and ensure the quality of work. Relevant departments should strengthen investigation and study, and put forward operational policy suggestions and specific work guidance. The funds for the registration and certification of land contractual management rights are included in the local fiscal budget, and the central government gives subsidies.
Three, standardize and guide the orderly transfer of rural land management rights
(1) Encourage innovative forms of land transfer.
Encourage contracted farmers to transfer contracted land through subcontracting, leasing, exchange, transfer and shareholding according to law. Encourage qualified places to formulate supporting policies to guide farmers to transfer contracted land for a long time and promote their transfer of employment. Encourage farmers to solve the problem of fragmentation of contracted land through exchange and merger on a voluntary basis. Under the same conditions, members of this collective economic organization enjoy the priority of land transfer. Transfer of contracted land by means of circulation shall, in principle, be carried out among members of the collective economic organization, and shall be subject to the consent of the employer. In other forms of circulation, it shall be reported to the employer for the record according to law. Pay close attention to study and explore the mutual rights relationship and concrete realization forms of collective ownership, farmers' contracting rights and land management rights in land transfer. In accordance with the unified arrangements of the state, we will steadily promote the pilot project of mortgage guarantee for land management rights, study and formulate unified and standardized implementation measures, and explore the establishment of a mortgage asset disposal mechanism.
(2) Strictly regulate the land circulation behavior.
The right to contracted management of land belongs to peasant families. Whether the land is transferred, how to determine the price and how to choose the form should be decided by the contracted farmers themselves, and the transfer income belongs to the contracted farmers. The circulation period shall be determined by both parties through consultation within the scope prescribed by law. Without farmers' written entrustment, rural grass-roots organizations have no right to decide farmers' contracted land in any way, let alone concentrate the contracted land of the whole village and the whole group of farmers on foreign investment in the name that the minority is subordinate to the majority. Prevent a few grassroots cadres from giving and receiving in private and seeking personal gain. It is strictly forbidden to promote land transfer by setting tasks, setting targets, or incorporating the transfer area and transfer ratio into performance appraisal.
(3) Strengthen the management and service of land circulation.
Relevant departments should study and formulate the operation norms of the circulation market and accelerate the development of various forms of land management rights circulation market. Relying on rural management institutions to improve the land transfer service platform, improve the county and township three-level service and management network, establish a land transfer monitoring system, and provide information release, policy consultation and other services for both sides of the transfer. The land transfer service subject can carry out information communication, entrusted transfer and other services, but it is forbidden to subcontract at different levels to make profits from it. Land transfer to non-village (group) collective members or village (group) collective entrusted farmers to organize the transfer in a unified way, and use collective funds to improve soil and improve soil fertility, you can collect infrastructure use fees and land transfer management service fees from the inflowing parties outside the collective economic organizations for farmland capital construction or other public welfare expenditures. Guide contracted farmers to sign a written transfer contract with the inflow party, and use the unified model contract text of the whole province. Protect the land management rights and interests of the inflow party according to law. After the expiration of the transfer contract, the inflow party may give priority to renewing the contract under the same conditions. Strengthen the construction of mediation and arbitration system for rural land contract management disputes, improve the dispute mediation mechanism, and properly solve the disputes over land contract management circulation.
(4) Reasonably determine the scale of land management.
All localities should study and determine the appropriate standards for land scale management in the region according to natural economic conditions, rural labor transfer, agricultural mechanization level and other factors. Prevent the tendency of being divorced from reality, going against farmers' wishes and unilaterally pursuing super-scale operation. At present, the scale of land management is equivalent to 10 to 15 times of the contracted land area of local households, and the income from farming is equivalent to the income of local secondary and tertiary industries, which should be given key support. Innovate the scale management mode, guide the moderate concentration of land resources, and improve the scale management level of agriculture through various forms such as farmers' cooperation and social services.
(5) Support large-scale grain production.
Increase support for grain production. The ownership of the original grain direct subsidy, improved seed subsidy and comprehensive agricultural subsidies shall be determined through consultation between the contracted farmers and the inflow party, and the new part shall be inclined to the main body of grain production scale operation. Carry out pilot projects in places where conditions permit, and subsidize producers according to the actual grain planting area or output. Farmers' cooperatives, family farms and other business entities engaged in large-scale grain production should be given priority if they meet the conditions for reporting agricultural machinery purchase subsidies. Explore the selection of standardized grain production scale business entities to carry out target price insurance pilot. Pay close attention to the pilot of marketing loans for large grain producers, and allow food crops, production and supporting auxiliary facilities to be mortgaged for financing. Grain variety insurance should gradually realize that the main body of grain production scale is willing to protect everything, and appropriately increase the proportion of insurance premium subsidies for the three major grain varieties in grain-producing counties. All relevant departments in various regions should study and formulate corresponding supporting measures to better provide support services for the main body of grain production scale operation.
(6) Strengthen the control of land transfer.
Adhere to the strictest farmland protection system and effectively protect basic farmland. It is strictly forbidden to engage in non-agricultural construction in violation of regulations in the name of land transfer. It is forbidden to build tourist resorts, golf courses, villas and private clubs. On farmland circulation. It is strictly prohibited to occupy basic farmland, dig ponds and plant trees and other acts that destroy planting conditions. It is strictly prohibited to destroy, pollute, occupy idle cultivated land and damage farmland infrastructure. Resolutely investigate and deal with illegal acts of non-agricultural construction through "rent collection" and resolutely prohibit the "non-agricultural" of unapproved cultivated land. Guide the development of protective agriculture with planning and standards, and strengthen the supervision of the use of protective agricultural land. Take measures to ensure the circulation of agricultural production land, and curb the abandonment of cultivated land by stopping direct grain subsidies, improved seed subsidies, and comprehensive agricultural subsidies. In the main grain producing areas, grain production functional areas, and high-yield creation project implementation areas, business behaviors that do not meet industrial planning no longer enjoy relevant agricultural production support policies. Reasonably guide the transfer price of grain fields, reduce the cost of grain production and stabilize the grain planting area.