20 14 The General Office of the Central Committee and the General Office of the State Council issued the Opinions on Guiding the Orderly Circulation of Rural Land Management Rights and Developing Moderate Scale Operation of Agriculture, and issued a notice requesting all localities and departments to conscientiously implement it in light of the actual situation. The "Opinions" call for vigorously developing land circulation and moderate scale operation, and completing the confirmation of contractual management rights within five years. At present, the registration of rural land ownership in our county is coming to an end. In order to understand the current situation of land circulation in our county and explore the establishment of a standardized and orderly land circulation mechanism, we conducted in-depth research in six towns, including Qiachuan Town, Fangzhen Town, Wangcun Town, Jinyu Town, Lujing Town and he jia zhuang. The survey is summarized as follows:
First, the current situation and form of land circulation in our county
By the end of 20 15, the cultivated land circulation area of the county was174,800 mu, accounting for 19.95% of the total cultivated land area (876,000 mu), of which farmers spontaneously transferred 80,000 mu, accounting for 9. 13% of the total cultivated land area.
This survey involves 6 townships, with 40 farmers120 households and 302,488 contracted farmland/mu, of which 6,253 households have been transferred, accounting for 15.59.
%, the cultivated land circulation area is 487.23 million mu, accounting for 16. 1 1%. There are five main forms of circulation:
(1) farming by generation. Because of going out to work and other reasons, the land is entrusted to relatives, friends and neighbors for farming in the form of oral agreement. This cycle is mostly short-term and random. Once farmers return home, the land will naturally be returned to them for farming. The main reason is that the length of time and treatment of migrant workers are uncertain, so the circulation cycle is mostly around 1 year. This form of circulation that does not give up the land contract right accounts for about 10% of the whole circulation form.
(2) transfer. That is, the whole family returned the land to the village collective, and the village collective re-contracted the land management right to others.
(3) Subcontracting. That is, during the contract period, farmers ask for objects, negotiate their own rights and obligations, and set their own subcontracting period. There are two situations, one is free, and farmers subcontract the land they can't grow or don't want to grow to farmers who are willing to grow. This circular form mostly occurs between father and son, brothers and relatives. Generally, the cycle is short, the circulation area is small, no subcontracting procedures are handled collectively, and the original contractual relationship remains unchanged. The other is low compensation, that is, subcontracting a certain amount of wheat or other crops per mu to talents who are willing to plant and grow well. This form has gradually decreased in recent years.
(4) lease. Collective or farmers will lease the land management right to enterprises, units and individuals for the development of agriculture, and the operators will pay a certain rent to the collective or farmers in one lump sum or by stages. This form of land circulation is generally cultivated land with convenient transportation and easy contiguous development, or abandoned cultivated land or barren hills and slopes that are difficult to contract out. The circulation period is long, and the lease contract or agreement procedures are fulfilled. For example, in Lingquan Village of Fangzhen Town, 600 mu of contiguous cultivated land was leased to the management committee of Qiachuan Scenic Area in 20 13 at an annual rent of 650 yuan per mu to plant peony. In five villages of Fude, Nan Fang, Dong Fang, he jia zhuang and Ganle, 1 100 households leased 7,000 mu of cultivated land to Shaanxi Guo Ye Peony Industry Development Co., Ltd. to develop ornamental peony. Zhongwang Village and Wangbei Village in Wangcun Town respectively transferred land of 1.700 mu and 1.000 mu, and leased them to Shenzhen Yiyi Forestry Company for seedling raising and breeding at the price of 260 yuan per mu per year. This is the main form of rural land circulation at present.
(5) exchange. In order to facilitate farming and management or develop a professional production, through voluntary negotiation, land is exchanged for management rights, and the exchange conditions are agreed by both parties or mediated by village collectives or relatives and friends. The land contracting right remains unchanged, and the circulation period has a certain periodicity. This form not only solves the contradiction of scattered plots, inconvenient farming and stubble rotation, but also overcomes the difficulty of unified layout and scale management through land exchange.
Second, the main reasons for land transfer
(a) the main labor force goes out to work and is unable to farm. According to the survey, the number of migrant workers in the villages surveyed is between 20-40%, and most of them are young and middle-aged laborers. After the main labor force of rural families goes out to work, the old people, children or women who stay at home are unable to farm all the land, and some of the land is entrusted to relatives and friends for farming or subcontracted to neighbors for free or low return farming.
(2) Large growers or capable people expand the planting scale. Large growers of flowers, apples, corn, wheat, grapes, etc. The village committee reached a land transfer agreement with the farmers through consultation. For example, Zhang Wanchang of Wang Nan Village in Wangcun Town leased more than 65,438+0,000 mu of land to grow wheat and corn, and at the same time developed efficient aquaculture. Dang Wanlong, a large contractor in Lu Yi Village of Lujing Town, contracted 1 100 mu of land at the price of 300 yuan per mu, and developed the red grape industry, which not only benefited himself, but also drove the surrounding people to get rich.
(3) The needs of the construction and development of leading agricultural enterprises. In order to facilitate management, some leading agricultural enterprises generally require contiguous land development. For example, Guihua Clean Energy Co., Ltd. leased 3,526 mu of land in Guojiapo, Ruyang and Cuiliyang villages to develop photovoltaic industry and new efficient agriculture.
Three. Problems and reasons in land circulation
According to the survey, the circulation of rural land management right in China is basically in the initial exploration stage. Although there are many typical circulation forms, they have played an active role in promoting the optimal combination of production factors, improving land utilization rate, solving the contradiction between people and land, and developing scale operation, but there are still some problems that need attention and prevention.
(A) the circulation management mechanism is not perfect. At present, leasing and subcontracting are the main forms of land transfer, and most of them have agreements or contracts. Subcontracting is mostly spontaneous behavior of the masses, lacking binding force and standardization. The government lacks proper management, guidance and service in land circulation, which restricts the scale and speed of land circulation. According to the survey, if the rent is suitable, a considerable number of farmers are still willing to transfer their land, and some large growers in various places also want to expand their scale. But so far, there is no sound, perfect and standardized land transfer system and method at the county and township levels, let alone the information platform and market environment for land outflow and inflow. The main reasons are the lack of specialized land transfer management institutions, some grass-roots cadres and relevant departments' insufficient understanding of the significance of land transfer, insufficient research on the scope, procedures, compensation standards, supporting policies and management measures of land transfer, insufficient attention to the problems in land transfer, and lack of initiative and advance in work.
(B) land transfer behavior is not standardized. The main performance: First, the liberalization of transactions. At present, the transfer of rural land, especially the subcontracting transfer between farmers, is mostly negotiated privately. When one party hands over the surplus or unwilling land to the other party for farming, the two parties determine the time limit, obligation or compensation standard for subcontracting, rarely through the coordination of village cadres, and do not sign subcontracting or transfer procedures. The reason why farmers do this is that they feel flexible, convenient and simple, and they are afraid that they will not change after performing the formalities according to law. Therefore, farmers are active in spontaneous circulation and passive in legal circulation. Second, the flow direction is unreasonable. Due to the lack of collective management and standardization, land circulation tends to be unreasonable and has not shifted to scale, efficiency and industrialization. Third, the ownership and use of circulation is not clear. Every transfer of land management right is a redefinition of land use right, which must be based on clear ownership and law. However, it is found in the investigation that some owners have changed the nature of land ownership through land transfer (land transfer becomes their long-term ownership) and agricultural use of land (such as renting farmland to build factories). ), thus making the contract illegal. Thus, the contradiction between farmers and contractors will be formed, and even new social contradictions will be triggered, which will hinder the process of land circulation and affect rural stability.
(3) It is difficult to transfer land centrally. At that time, when the land was contracted, most of the plots were evenly distributed to households according to the three grades of good, medium and poor, resulting in scattered land for each household and many land accounts per unit area. This situation has a great influence on the scale of land circulation. Some people rent 10 mu of land and have to deal with more than a dozen households. If one or two households can't talk well, it will affect the whole land circulation. The contradiction between the decentralization and randomness of land family management and the planning and scale of land circulation restricts the development of scale economy.
Four, some suggestions to speed up and improve the land circulation
The transfer of land management right is a new topic and a policy work of the party in rural areas. In view of the existing problems and future development trend of land circulation, we believe that the following countermeasures should be taken to speed up the pace of rural land circulation and make it on a standardized and healthy track.
(a) to speed up the registration of land ownership and promote the rational transfer of land. A remarkable feature of modern agriculture is moderate scale management. With the acceleration of industrialization, urbanization, agricultural modernization and the transfer of rural labor force, it is an inevitable trend that land will be transferred from decentralized family management to new-scale management entities. An important premise of land circulation is that the ownership of land rights should be clear. Document 1 of the Central Committee clearly stipulates that the contractual management right is encouraged to be transferred to large professional households, family farms, farmers' cooperatives and agricultural enterprises in the open market, and the contractual management right is allowed to be mortgaged to financial institutions for financing. Through the registration and certification of rural land contractual management right, farmers are given "hukou" and "ID card" to contract land, the ownership of land contractual management right is further clarified, the management of property right registration is strengthened, the land circulation of migrant farmers is assured, the new agricultural management entities and modern agricultural management entities are reassured, which lays the foundation for establishing a rural land circulation market with clear ownership, smooth circulation and strict protection, and creates a good environment for accelerating the development of modern agriculture.
(2) Emancipate the mind, change ideas, and effectively solve cognitive problems. Land circulation is the core content of rural industrial structure adjustment, and it is the premise and foundation to realize scale agriculture, benefit agriculture and promote agricultural industrialization management. Land is the most basic factor of production, and the main body of land circulation is farmers. Therefore, it is particularly important to solve the problem of farmers' ideological understanding and break the ideological shackles that hinder the moderate scale transfer of land. First of all, we should break the traditional consciousness of small-scale peasant economy, abandon the idea that "land circulation means land privatization, and fertilizer and water will not flow to outsiders", firmly establish the concepts of development, innovation, market and benefit, correctly handle the relationship between short-term interests and long-term interests, and fully realize that the separation of contracting rights and management rights is an inevitable trend. Secondly, the government should change its concept, put land circulation in the overall situation of promoting agricultural industrialization and developing rural economy, correctly guide norms, strengthen service awareness, improve working methods, and effectively protect, give play to and guide farmers' enthusiasm. At the same time, we should actively carry out pilot work, sum up typical and successful experiences in time, and publicize and show the benefits brought by land transfer to farmers.
(3) Establish a circulation service center to solve the problem of management mechanism. Correct guidance and standardization is the key to speed up land circulation. Therefore, it is necessary to further establish and improve the management mechanism and service mechanism of land circulation to promote the healthy and rapid development of land circulation. The experience of advanced areas shows that establishing land circulation service center and regulating land circulation by market means are important ways to promote land scale circulation and improve land management efficiency. According to the actual situation of land circulation in our county, it is suggested that each township should set up a land circulation service center to form a three-level service network of township circulation service center, village-level circulation service station and group attendants, among which the township land circulation service center has 2-3 people (it can be held concurrently by township cadres at the beginning of its establishment), and its main duties are to provide policy and legal advice for the circulation of rural land contractual management rights in various townships, release land circulation information, and organize and coordinate cross-village, cross-village and cross-village services. Village land circulation service stations 1-2 (which can be held by village cadres and owners of village agricultural operation points). Their main duties are to collect and publish the supply and demand information of land circulation collected by the waiters in each group, coordinate the land circulation in the village, verify the conclusion and change of the land circulation contract, establish the land circulation file in the village, and report the land circulation situation in the village to the township service center for the record; There are 1 group waiters, usually held by the village team leader. Their main responsibility is to do a good job in the household survey and collection of supply and demand information of land circulation in this group, register the area, orientation, grade and intended price of the land to be transferred out, and report it to the village land circulation service station after summary. In view of the fact that the land transfer is still in its infancy and the market is immature, it is suggested that the land transfer service center be temporarily positioned as a non-profit intermediary agency led by the government, and temporarily co-located with the township agricultural service center to provide land transfer services for farmers free of charge. When the land circulation market matures, it will be gradually introduced into the market, decoupled from the government, and become a pure social intermediary service institution.
(4) Strengthen management, improve the system and solve the normative problems of land transfer. Rural land circulation is a new thing, and all levels and departments should strengthen management and guidance. First of all, we should standardize the land transfer procedures. Adhere to the land transfer procedures of farmers' application, selection of objects, negotiation between the two sides, signing of contracts, verification by service centers and reporting to township management departments for the record. The second is to standardize the land transfer contract. The land transfer contract shall specify the transfer form, area, quality, age, use, transfer fee, rehabilitation fee standard and payment method, the rights and obligations of both parties, the ownership of the attached objects on the ground after the expiration, and the liability for breach of contract. If the assignment is entrusted, there must be a power of attorney, and the trustee can only exercise his rights within the scope of the entrusted rights. Contracts and agreements formed in land transfer should be sorted and filed. The third is to standardize the behavior of towns, villages, groups, towns and village cadres participating in land transfer. Cadres of villages and towns, villages, groups and village groups shall not force farmers to transfer land in any name, but should actively manage and serve the land transfer, review and supervise the specific contents of land transfer, prevent the loss of collective land rights and interests, prevent operators from destroying the ecological and production environment, engage in predatory management or arbitrarily change land use, safeguard farmers' legitimate rights and interests, and make land transfer embark on a healthy, orderly, standardized and legal track.
(5) Scientific planning and overall arrangement to solve the scale problem of land transfer. The key to speeding up land circulation and highlighting scale benefits is to solve the problem of difficult land concentration and scale formation. To solve the problem of land circulation scale, first of all, the rural level should carefully plan the scale of land production and operation according to the requirements of local agricultural structure adjustment and around cultivating leading industries and advantageous projects suitable for the local area. Secondly, we should do a good job in the investigation and statistics of the "four barren" land, plan ahead and make reasonable arrangements on this basis, and work hard on the in-depth development of cultivated land and the breadth development of non-cultivated land. Third, on the basis of fully respecting farmers' wishes, the land intermediary service organizations are used as the carrier to conduct centralized and unified management of the transferred land, purposefully screen out production and management projects suitable for the local area, and adopt unified planning and development. The government should actively guide and improve the land transfer mechanism, give full play to the initiative and enthusiasm of farmers and owners, rely on resource advantages, give play to comparative advantages, highlight the scale operation of land transfer, reflect the scale effect, improve the comprehensive benefits of land transfer, and promote the rational and orderly land transfer.