Land circulation refers to the circulation of land use right, which means that farmers who have the right to contract land management transfer their land management right (use right) to other farmers or economic organizations, that is, the right to contract is reserved and the right to use is transferred. Land transfer includes subcontracting, transfer, shareholding, cooperation and exchange. Transfer management rights, encourage farmers to transfer contracted land to large professional households and cooperatives, and develop agricultural scale management.
The main contents of the land transfer contract:
1, loop.
2. Liability for breach of contract.
3. The purpose of land transfer.
4. Rights and obligations of both parties.
5. Transfer price and payment.
6. Names and domiciles of both parties.
7. The location, area and quality grade of the transferred land.
8. Duration and start and end dates of circulation.
9. Disposal of ground attachments and related facilities after the expiration of the circulation contract.
New policy of rural land transfer
New policy of rural land circulation;
1, speed up land ownership.
The registration of land confirmation is of far-reaching significance, which will be beneficial to land transfer after confirmation. It is urgent and arduous to clarify collective land property rights and speed up the registration and certification of rural collective land ownership. Promoting the registration and certification of rural collective land ownership is a realistic need to safeguard the rights and interests of farmers and land transferers and promote the harmony and stability of rural society. Registration and certification of rural collective land ownership can effectively solve disputes over rural collective land ownership, resolve rural social contradictions, confirm farmers' land rights according to law, strengthen farmers' awareness of land property rights, especially the whole society, and help effectively safeguard farmers' rights and interests in the process of urbanization, industrialization and agricultural modernization.
2. Standardize land circulation.
At present, there are many problems in land circulation, such as farmers' self-circulation, less approval and filing in villages and towns, more verbal agreements and less written contracts. It is urgent to formulate land transfer policies and standardize land transfer procedures as soon as possible. Local governments should gradually tighten the management of land transfer, standardize the transfer procedures, improve the contract management and standardize the transfer contract, and the transfer period shall not exceed the remaining years of the second round of rural land contract period. Once a land transfer dispute occurs, it is difficult to deal with and lacks legal protection. According to the data provided by relevant departments, in recent years, the disputes caused by land transfer in various provinces and cities are on the rise year by year.
3. Basic farmland protection system
The basic farmland protection system is to strictly observe the red line of cultivated land, and the red line of 65.438+0.8 billion mu of cultivated land must still be adhered to, and the existing cultivated land area must remain basically stable. Under the new situation of expanding farmland circulation and building new modern agriculture, the Ministry of Land and Resources will continue to implement strict farmland protection policies, and at the same time explore the innovation of farmland and basic farmland protection policies under the new situation, increase the protection of basic farmland, adhere to equal emphasis on quantity and quality, and effectively guarantee national food security.
4. Build a land trading platform.
With the introduction of the land transfer system, the trial of agricultural land transfer in various places has been accelerated, which has directly promoted the establishment of rural property rights exchanges, built a platform for agricultural land to enter the market, established land transfer management service institutions at county, township and village levels, developed various forms of land transfer intermediary service organizations, and built a broadband network information platform at county and village levels, timely and accurately publicized land transfer information, strengthened the collection, collation, archiving and preservation of land transfer information, and provided farmers with land transfer policy advice and land in a timely manner.
5. Promote urbanization.
Transfer farmers are allowed to transfer contracted land, houses and homesteads that meet the area through market circulation on a voluntary basis and obtain property. This will relieve the worries of rural labor force settling in cities. Although urbanization will become one of the main lines of China's economic development, at present, homestead management still stays within the thinking framework of urban-rural dual structure. The main body of rural homestead circulation can be members of the collective economic organization, members of other village collective economic organizations and urban residents. From the perspective of equality of property rights, there is no proper basis to limit the main scope of rural homestead circulation.
6. Mortgage loan of land contracting right
Mortgage loan for contracted management right of rural cultivated land has solved the problem that large farmers can't meet the demand of large-scale planting due to shortage, effectively solved the bottleneck problem of large farmers' development and promoted the intensive management of agricultural industry. But also help agricultural financial institutions to explore the innovation of rural financial products and services, accelerate the establishment of rural modern financial system, promote the innovation of rural institutional mechanisms, improve the rural farmland circulation market and improve the construction of agricultural risk protection mechanism, and continuously improve the degree of organization of agricultural production and management.
7. Unified urban and rural construction land market
There are two prerequisites for agricultural land to enter the market. It must be commercial construction land, and second, it must conform to the planning and use control. In view of the violation of laws and regulations, the government should reform the land acquisition system, standardize the land acquisition procedures, and establish a scientific and diversified land acquisition compensation system, security and employment system. The creators of agricultural wealth also hope to establish a unified trading service platform for urban and rural land transfer by transforming government functions.
Establish fair, open and transparent market rules, improve the mechanism that prices are mainly determined by the market, and establish a unified urban and rural construction land market. He also said that the dual structure of urban and rural areas is the main obstacle to the integration of urban and rural development. Accelerate the construction of a new agricultural management system, give farmers more property rights, and promote the equal exchange of urban and rural factors and the balanced allocation of public resources.
Long-term land transfer contract
How long is the term of the land transfer contract? Article 14 of the Land Management Law of the People's Republic of China is contracted by members of collective economic organizations, engaged in planting, forestry, animal husbandry and fishery production. The long-term period of land subcontracting is 30 years.
The employer and the contractor shall conclude a contract to stipulate the rights and obligations of both parties. Farmers contracted to manage land have the obligation to protect and rationally use the land according to the purposes agreed in the contract. Farmers' right to contracted management of land is protected by law.
During the term of land contract operation, if the land contracted between individual contractors is properly adjusted, it must be approved by more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives, and reported to the administrative department of agriculture of the township (town) people's government and the people's government at the county level for approval.
"People's Republic of China (PRC) rural land contract law" article 20 * * * cultivated land contract period is thirty years. Grassland contract period is 30 to 50 years. The contract period of forest land is 30 to 70 years; The forest land contract period of special trees may be extended with the approval of the administrative department of forestry of the State Council.