(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 increase policy support, strengthen typical demonstration and guidance, encourage innovation in agricultural management system and mechanism, and adjust measures to local conditions step by step. Do not engage in the Great Leap Forward, do not engage in coercive orders, and do not engage in administrative blind command, so that the moderate scale operation and development of agriculture can adapt to the process of urbanization and the scale of rural labor transfer, to the progress of agricultural science and technology and the improvement of production methods, to the improvement of agricultural socialized service level, and to enable farmers to actively participate in 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 "collecting land by rent", and resolutely prohibit unauthorized "non-agricultural" of 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.
Fourth, accelerate the cultivation of new agricultural business entities.
(A) to play the basic role of family management.
For a long time to come, ordinary farmers will still account for the majority, and we should continue to attach importance to and support them in developing agricultural production. Focus on cultivating family farms with family members as the main labor force and agriculture as the main source of income, and engage in specialized and intensive agricultural production, making it an effective force to lead moderate scale operation and develop modern agriculture. Establish a list of demonstration family farms at different levels, improve the management service system, and strengthen demonstration and guidance. Encourage all localities to integrate agriculture-related funds to build contiguous high-standard farmland, and give priority to supporting family farms, large professional households and other large-scale farmers.
(2) Explore new ways of collective management.
Collective economic organizations should actively carry out various forms of production services for contracted farmers, reduce production costs and improve production efficiency through unified services. Where conditions permit, according to the wishes of farmers, the cultivated land can be unified and contiguous, and the land can be converted into shares and the operating income can be distributed according to shares. Farmers can also be guided to form land joint-stock cooperative organizations with contracted land shares, and develop agricultural scale management through independent operation or entrusted operation. All localities should constantly explore and enrich the forms of collective management in light of the actual situation.
(3) Accelerate the development of farmers' cooperative management.
Encourage contracted farmers to develop family business through joint use of agricultural machinery and joint marketing. Encourage the development of various forms of farmers' cooperative organizations, further promote the establishment of model cooperatives and promote the standardized development of farmers' cooperatives. Cultivate and develop rural cooperative finance on the basis of farmers' cooperatives and supply and marketing cooperatives with democratic management, standardized operation and strong driving force. Guide the development of farmers' professional cooperatives and support farmers' cooperatives to carry out the docking of farmers and cooperatives. Allow farmers to invest in contracted management rights to develop agricultural industrialization. Explore the establishment of a performance evaluation system for farmers' land production, and convert shares according to the quantity and quality of cultivated land and the transfer price of local land management rights.
(four) to encourage the development of modern aquaculture suitable for enterprise management.
Encourage leading enterprises in agricultural industrialization and other agriculture-related enterprises to focus on the processing and circulation of agricultural products and agricultural socialization services, and drive farmers and farmers' cooperatives to develop scale operations. Guide industrial and commercial capital to develop modern breeding industries suitable for enterprise management, such as improved seed and seedling breeding, high-standard facility agriculture and large-scale breeding, develop rural "four wastes" resources and develop diversified management. Support agricultural enterprises to establish a close interest linkage mechanism with farmers and farmers' cooperatives to achieve a reasonable division of labor and mutual benefit. Support economically developed areas to guide various business entities to invest and hold shares with each other through agricultural demonstration parks, and develop various forms of agricultural mixed ownership economy.
(5) Increase support for new agricultural business entities.
Encourage local governments to expand the scale of support funds for family farms, large professional households, farmers' cooperatives, leading enterprises and agricultural socialized service organizations. Support qualified new agricultural business entities to give priority to agriculture-related projects and increase agricultural subsidies to new agricultural business entities. Accelerate the establishment of a management system in which financial project funds are directly invested in qualified cooperatives, and the assets formed by financial subsidies are transferred to cooperatives for holding and management. Provinces (autonomous regions and municipalities directly under the central government) may, according to the actual situation, reserve a certain proportion in the annual construction land index for the construction of supporting auxiliary facilities for new agricultural business entities, and reduce or exempt relevant taxes and fees according to regulations. Comprehensive use of monetary and fiscal and taxation policy tools to guide financial institutions to establish and improve the credit and insurance support mechanism for new agricultural business entities, innovate financial products and services, increase credit support, and spread the risks of scale operation. Encourage qualified leading enterprises in agricultural industrialization to broaden financing channels by issuing short-term financing bills, medium-term bills and small and medium-sized enterprise collective bills. Encourage financing guarantee institutions to provide financing guarantee services for new agricultural business entities, and encourage qualified places to increase their support by setting up special funds for financing guarantee and guarantee risk compensation funds. Implement and improve relevant preferential tax policies, and support farmers' cooperatives to develop the processing and circulation of agricultural products.
(six) to strengthen the supervision and risk prevention of industrial and commercial enterprises leasing farmers' contracted land.
All localities should have a clear upper limit control over the long-term lease of contracted land by industrial and commercial enterprises, establish and improve the systems of qualification examination, project audit and risk guarantee, and make provisions on land lease conditions, business scope and penalties for violations. Industrial and commercial enterprises should implement grading filing according to the area, strictly enter the threshold, strengthen supervision after the event, prevent waste of agricultural land resources and damage to farmers' land rights and interests, and prevent contracted farmers from suffering losses due to the inflow party's breach of contract or poor management. Regularly supervise and inspect the agricultural operation ability, land use and risk prevention ability of land leasing enterprises, check the land use and contract performance, promptly investigate and correct illegal acts, and give policy support to those who meet the conditions. Relevant departments should pay close attention to the formulation of management measures and strengthen supervision and inspection of the implementation in various places.
Five, establish and improve the agricultural socialization service system.
(1) Cultivate diversified social service organizations.
Consolidate the achievements in the construction of basic conditions for rural agricultural public service institutions. Encourage public service institutions such as agricultural extension, animal and plant epidemic prevention, and quality and safety supervision of agricultural products to expand the scope of services around the development of moderate-scale agricultural operations. Vigorously cultivate all kinds of business service organizations, actively develop agricultural producer services such as seed and seedling breeding, unified prevention and control, soil testing and formula fertilization, and centralized treatment of feces, vigorously develop modern circulation services such as agricultural products e-commerce, and support the construction of supporting infrastructure such as grain drying, agricultural airport greenhouses, warehousing and logistics. Electricity for primary processing of agricultural products and agricultural irrigation shall be subject to the electricity price for agricultural production. Encourage counties to carry out demonstration activities of agricultural socialization services. We will carry out pilot projects for the government to purchase agricultural public welfare services, and encourage the purchase of easily supervised and quantifiable public welfare services from operational service organizations. Study and formulate the guiding catalogue for the government to purchase agricultural public welfare services, and establish and improve the standard contract, standardized process and supervision mechanism for purchasing services. Actively promote contract relationship, which does not change farmers, but also ensures the hosting service mode of land ownership, and encourages large grain growers, large agricultural machinery households and agricultural machinery cooperatives to carry out whole-process hosting or hosting of major production links, so as to realize unified farming and large-scale production.
(two) to carry out the education and training of new professional farmers.
Formulate special plans and policies to expand the ranks of new professional farmers. Integrate education and training resources, improve the conditions for running agricultural majors in agricultural vocational schools and other schools, accelerate the development of agricultural vocational education, and vigorously develop modern agricultural distance education. We will implement a new type of professional farmer training project, carry out agricultural skills and management training around leading industries, expand the scale of demonstration training for rural practical talent leaders, increase the training for large professional households, family farm operators, farmers' cooperative leaders, agricultural enterprise management personnel, agricultural socialized service personnel and returning migrant workers, and incorporate young farmers into the national practical talent training plan. Efforts will be made to build a system for training, identifying and supporting new professional farmers and rural practical talents, establish a non-profit farmer training system, and explore the establishment of a new professional farmer training system.
(3) Give play to the advantages and functions of supply and marketing cooperatives.
Solidly promote the pilot reform of supply and marketing cooperatives, and make supply and marketing cooperatives a new force and comprehensive platform for serving farmers' production and life in accordance with the requirements of self-transformation and serving farmers. Use the agricultural resources management channels of supply and marketing cooperatives to deepen industry cooperation, promote the combination of technology and materials, and provide services for new agricultural management entities. Promote the docking of agricultural product circulation enterprises, agricultural and sideline products wholesale markets and supply and marketing cooperatives network terminals with new agricultural business entities, and carry out agricultural product production, processing and circulation services. Encourage grass-roots supply and marketing cooperatives and farmers to sign service agreements for important links in agricultural production, carry out cooperative and order-based services, and improve the service scale.
The land issue involves the vital interests of hundreds of millions of farmers and concerns the overall situation. Party committees and governments at all levels should fully understand the importance, complexity and long-term nature of guiding the orderly circulation of rural land management rights and developing moderate-scale agricultural operations, earnestly strengthen organizational leadership, act in strict accordance with central policies and national laws and regulations, and promptly investigate and deal with violations of discipline and law. Insist on proceeding from reality, strengthen investigation and study, do a good job in classified guidance, make full use of rural reform pilot areas and modern agricultural demonstration areas to carry out pilot projects, and conscientiously sum up the good experiences and practices created by grassroots and farmers. Strengthen policy propaganda, firmly establish policy concepts, accurately grasp policy requirements, and create a good environment for reform and development. Strengthen the construction of rural management system, make clear that the corresponding institutions undertake the responsibilities of rural management, and ensure that some people handle affairs and some people are responsible. All relevant departments should, in accordance with the division of responsibilities, promptly revise and improve relevant laws and regulations, establish work guidance and inspection and supervision systems, improve the management mechanism of * * *, guide the orderly circulation of rural land management rights, and promote the healthy development of moderate scale operation of agriculture.
Six, rural land use rights transfer reform program
1, nationalization plan
As far as the reform of rural collective land ownership is concerned, the nationalization of collective land can be supported by China's political system, which is conducive to comprehensive land improvement, land management and macro-control of rural economy by the state, and meets the requirements of large-scale operation of agricultural production.
But the question of whether farmers can accept it in their hearts. 1956 when China actually cooperated in agriculture, it put forward a nationalization plan, which was not adopted, mainly because of misunderstanding of farmers. "If the party style and political style at that time were quite clean, governments at all levels enjoyed high prestige in the hearts of farmers and the society was very stable, we still had such concerns, so today we are seriously troubled by social instability factors such as corruption, and we should treat this issue with caution.
In short, if the nationalization plan can't overcome the above difficulties, and "hasty promotion by political means will lead to another tragedy of the cooperative movement, we must be cautious."
2. Privatization plan
First of all, this plan is not accepted by China's current political system. China is a socialist country. Adhering to the dominant position of public ownership is one of the main characteristics of the socialist system and an important part of collective ownership. In this way, adhering to the socialist road must adhere to the public ownership of land (land is the main part of collective property). Therefore, the reform of land privatization will inevitably be strongly opposed by the basic political system.
Secondly, the problem of land merger after privatization. "Land merger is a big problem that puzzles China's land system and affects China's political and economic life in the history of China". In contemporary times, if this happens, the result will not only widen the gap between the rich and the poor in rural areas, but also lead to a large number of farmers flooding into cities, increasing the pressure on urban employment, housing, public security and other issues.
3, a variety of ownership coexist.
This plan is to partially abolish collective land ownership and implement mixed ownership of rural land, that is, state ownership, collective ownership and individual ownership coexist. It lies in reconciling the first two schemes.
4. Avoid collective land ownership and emphasize the idea of land system reform centered on utilization.
This view advocates that the "utilization" of things should be the center, rather than the "ownership" of things, and the rural land system should be solved by reforming the usufructuary right system. On August 29th, 2002, the rural land contract law was passed, which is the direct embodiment of this idea. Only one provision in the whole law indirectly mentions the issue of collective land ownership, but this view and legislative thinking are also unrealistic.
First of all, this kind of thinking can not overcome the most serious chronic disease in the reform of rural collective land system-the absence of ownership subject. Because the ownership subject is vacant, then a few rural cadres who actually control the land can invade and interfere with the land users at will, making the land contract relationship unstable. If we don't control the abuse of all rights by the employer through certain legal mechanisms, the effect of land contractual management right changing from creditor's rights to real rights will be greatly reduced. Because no matter whether the land contractual management right is creditor's rights or real rights, it is legally binding on the employer and inviolable. As for whether the contractor takes breach of contract or illegality as the basis for asking the employer to bear civil liability, the consequences can be ignored. It can be seen that although this reform plan has certain positive significance, it is by no means a radical solution.
Secondly, all kinds of theories and rules of usufructuary right are developed smoothly around all problems. Respecting ownership is still a necessary prerequisite for the establishment of usufructuary right, and emphasizing property ownership still has important practical significance.
Therefore, the legislation of rural collective land system in China cannot ignore the provisions on ownership.
Seven, the transfer mode of rural land use rights
1. exchange
Land exchange is the only way to promote scale, industrialization and intensive management in rural areas, and farmers in rural collective economic organizations simply exchange their contracted management rights for the convenience of farming and their own needs. Thirty years ago, China rural areas implemented the responsibility system of land production contract, and farmers divided their fields. However, due to the different thickness of the land, large areas of land are divided into strips. The disadvantages left by land division have seriously restricted the development of productive forces and the improvement of output. How to make the land centralized and contiguous and realize large-scale and intensive management, so exchange this most primitive trading method and enter the farmers' field of vision.
pay a rent
Driven by market interests and guided by the government, farmers lease their contracted land management rights to tenants, such as large households, owners or corporate legal persons. The lease term and the payment method of rent shall be agreed by both parties. The lessee shall obtain the land management right for a certain period, and the lessor shall obtain the land management right rent annually in kind or currency. Among them, there are big tenant type, company lease type and anti-rent and anti-package type.
Become a shareholder
Joint-stock system, also known as "share-field system" or joint-stock cooperative operation, refers to the establishment of joint-stock companies by pricing contracted land management rights into shares on the basis of adhering to the voluntary participation of contractors. In the process of land shareholding, the two-way choice of rural land management is implemented (farmers can continue to participate in land management or not after joining the company), and farmers can own shares of the company by virtue of land contracting rights and pay dividends according to shares. The biggest advantage of this form lies in clear property rights and direct income. Farmers' land contractual management rights have long been fixed in the form of value. Farmers are not only participants in the company's operation, but also owners of interests, which is a new breakthrough in the current rural land use right transfer mechanism.
4. Homestead for housing and contracted land for social security.
Taking Chongqing as an example, last year, after being approved by the state as a pilot zone for the comprehensive reform of urban and rural areas, it took the lead in boldly exploring in the field of land reform and created the Jiulongpo model of land transfer, that is, homestead for housing and contracted land for social security. In other words, farmers give up rural homestead and replace it with urban development land, and farmers get a set of housing in the city. Farmers give up rural land contractual management rights, enjoy urban social security, and establish a unified public service system in urban and rural areas.
5. Sharing+cooperation
Ningyang County, Shandong Province, China, explores a new mechanism for the transfer of land contractual management rights and establishes a "share+cooperation" land transfer distribution model. This model is that farmers set up cooperatives with land management rights as shares. In accordance with the principle of "voluntary participation of the masses, land participation, intensive management, revenue sharing and interest protection", the village guides farmers to become shareholders with the right to contracted land management. Cooperatives manage land in a unified way according to democratic principles, and farmers are no longer dispersed. Cooperatives are subordinate to leading enterprises for production and operation. Cooperatives practice the method of protecting land and paying dividends according to profits. In the annual distribution, first of all, members should pay the guaranteed land income per share (mu) of 700 yuan, leaving enough public welfare funds and risk funds, and then make a second dividend according to shares.