20 16 rural land reform will focus on three directions, and the rural homestead system will be comprehensively deepened. With the end of the Central Economic Work Conference, the annual Central Rural Work Conference will be held soon, making important arrangements for agricultural and rural work in 20 16.
In view of the most eye-catching rural land system reform in agricultural reform, many industry experts predicted in an interview with the Economic Information Daily that the rural "land reform" will present three major directions next year. First, the pilot reform of "three plots of land" represented by rural land expropriation, collective construction land entering the market and homestead system reform was comprehensive and in-depth; Second, the reform of rural land contract management system represented by land confirmation registration and certification will usher in a series of arrangements; Third, the farmland protection and compensation system will usher in a top-level design.
Just three days ago, the 18th meeting of the 12th the National People's Congress Standing Committee (NPCSC) heard and deliberated the draft decision on authorizing the State Council to temporarily adjust and implement relevant laws and regulations in the administrative areas of 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin. The draft stipulates that in the administrative areas of 59 pilot counties (cities, districts) such as Jixian County in Tianjin, the provisions of Article 184 of the Property Law and Article 37 of the Guarantee Law that the right to use collectively-owned homesteads shall not be mortgaged shall be temporarily adjusted and implemented, and farmers' housing property rights (including the right to use homesteads) shall be allowed to be mortgaged. It is clear in the draft that the above adjustments will be tried out before 20 17 12 3 1. If the practice proves feasible, relevant laws will be revised and improved. Practice has proved that it is not suitable for adjustment, and relevant laws and regulations should be restored.
It is understood that the selection criteria of the pilot areas are determined by the steering group of the "two rights" mortgage loan pilot work according to the requirements of the State Council. In principle, the pilot area of homestead system reform led by the Ministry of Land and Resources is selected to carry out the pilot project of mortgage loan for farmers' housing property rights.
In the opinion of many experts, this specific work is actually an important part of the pilot reform of rural "three plots" (rural land acquisition, collective construction land entering the market and homestead system) determined at the beginning of the year.
Li Guoxiang, a researcher at the Institute of Rural Development of China Academy of Social Sciences, believes that the government has made a complete plan for land reform, and the next biggest problem is how to implement it. The "three plots" reform pilot is closed operation. Because it is a new thing, at present, the pace of reform may be slow and the local enthusiasm is not high, but it must be promoted according to the top-level design of the country.
Li Guoxiang said that since the preliminary legal issues involved in the pilot reform have been clarified in the National People's Congress Standing Committee (NPCSC) this year, the laws and regulations that should be temporarily adjusted within the scope of the pilot have been adjusted accordingly. Therefore, the 20 16 "three plots of land" reform pilot should focus on in-depth exploration, more collectively operated construction land will be put into the market for auction, and the scope of land acquisition will be narrowed. As for the homestead, exploring the system of paid use of homestead and the mechanism of voluntary paid withdrawal may become the core. This reform will be linked with solving the housing problem of migrant workers after urbanization, which will have a long-term impact on the overall situation of China's reform.
In addition to the pilot reform of "three plots of land", 20 16 will also become a "key year" for the reform of rural land contract management system. The reporter of the Economic Information Daily learned that with the expiration of the second round of contracting period, the relevant departments are studying and formulating the Opinions on Implementing the Long-term Policy for Rural Land in contract relationship, and are preparing to put forward specific plans on the way to extend cultivated land after the expiration of the second round of contracting and the new contracting period. At the same time, the framework for revising the rural land contract law has basically taken shape, which will also be a highlight of rural work in the new year.
In addition, according to the previous timetable for the registration and certification of rural land contractual management rights, this work will be completed in 20 17. In other words, the scope and scale of the pilot project are expected to be further expanded next year, following the issuance of nine new provinces in rural areas nationwide this year. Chen Xiwen, deputy head of the Central Rural Work Leading Group and director of the office, recently wrote that the registration and certification of rural land contractual management rights will be completed as scheduled, and a basic system for the protection of farmers' land rights and interests will be established. Strengthen the standardized construction of contracted land management right transfer, improve the land management right transfer market and service system, and improve the access and supervision system for industrial and commercial enterprises to lease farmers' contracted land.
20 16 the third major event of rural "land reform", the farmland protection and compensation system is expected to usher in the top-level design. The Economic Information Daily reporter learned that China will study and put forward suggestions to further strengthen and improve the protection of cultivated land and the balance of cultivated land occupation and compensation. Experts said that although there is not much news about the progress of formulating the reform opinions, according to the "Comprehensive Implementation Plan for Deepening Rural Reform" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council at the beginning of this year, we can see some general ideas of reform.
According to the "Program", in improving the farmland protection and compensation system, the main task is to strictly implement the overall land use planning and comprehensively carry out the demarcation of permanent basic farmland; Improve the land reclamation system and establish an incentive and restraint mechanism for land reclamation; Strengthen the standardized management of cultivated land occupation and compensation balance according to law, strengthen the legal responsibility of cultivated land occupation and compensation balance, and improve the evaluation system of cultivated land occupation and compensation quality; Improve the compensation mechanism for the protection of cultivated land and basic farmland.
Extended information
20 16 questions and answers on the new rural land contract policy
Q: What are the principles for properly resolving disputes over rural land contracting?
A: According to the rural land contract law and the central government's series of policies on stabilizing and improving rural land in contract relationship, farmers enjoy the long-term and stable land contract management right endowed by law. During the statutory contract period, no organization or individual may interfere with farmers' autonomy in production and operation, illegally adjust and recover contracted land, forcibly transfer contracted land against farmers' wishes, or illegally occupy farmers' contracted land.
Q: How to protect the land contractual management right of migrant farmers?
A: As long as migrant farmers return to their hometowns to farm, as long as they have obtained the right to contract in the second round of land extension, they must return the contracted land to the original contracted farmers to continue farming. Rural organizations have contracted out the land contracted by migrant workers to other farmers for farming, which belongs to short-term contracting, and shall pay the contracted income to the farmers who have the right to contract the land, and return the land to the original contracted farmers for farming after the expiration of the contract. If it is a long-term contract, you can modify the contract and return the contracted land to the original contracted farmers in time; Or on the basis of consensus, by giving or improving the compensation to the original contracted farmers. For a few migrant farmers who did not participate in the second round of contract extension and now return home to ask for contracted land, it is necessary to distinguish between different situations, conduct democratic consultations and properly handle them. If the household registration of the farmer is still in the countryside, in principle, he should be allowed to continue to participate in land contracting. Conditional, should be adjusted in a mobile way. If there is no floating land, it can be solved through land transfer.
Q: Can farmers who owe taxes or abandon their land be reclaimed?
A: No organization or individual may recover the land contracted by farmers on the grounds of unpaid taxes and fees or abandoned land. Those that have been recovered shall be corrected immediately and returned. Farmers who have recovered their contracted land before the implementation of the Rural Land Contract Law shall, in principle, be allowed to continue their contracted operations if required by farmers. If the original contracted land has been contracted out to people outside the collective economic organization, the contract shall be amended and the land shall be re-contracted to the original contracted farmers; Those that have been allocated to members of collective economic organizations can be solved in floating land. If there is no floating land, it is necessary to help farmers obtain cultivated land through land transfer.
Q: How to deal with the forced transfer of contracted land against farmers' wishes?
A: If farmers are forced to transfer contracted land, the transfer relationship is invalid. The responsible person who infringes upon the contracted land management right of the contractor shall bear civil liability, and investigate and punish the act of intercepting or withholding the circulation income without authorization and make restitution. Rural organizations should return the contracted land that has been forcibly transferred to the contracted farmers, and the contracted farmers can decide whether to continue the transfer.
Q: How to solve the remaining problems such as occupying basic farmland and planting trees?
A: The contracts signed by the municipal, county and township (town) governments and enterprises for contracting, leasing or providing farmers' collective land, especially basic farmland, for planting trees are invalid contracts and should be abolished. The forestry department shall not issue forest right certificates, and those that have been issued shall be immediately recovered and cancelled. If trees have been planted, the local government should do a good job and transplant them to non-basic farmland within a time limit; If it cannot be transplanted within the prescribed time limit, farmers are allowed to pull out the tree species fields. If the enterprise does not directly sign a contract with the farmers but occupies the non-basic farmland contracted by the farmers to plant trees, the enterprise shall negotiate with the farmers whether to continue planting trees. Farmers who are unwilling to plant trees can refer to the treatment of planting trees in basic farmland.