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Recently released by the central file no. 1, 2013, based on the rural hollowing out, women and elderly left-behind, all kinds of factors of erosion, demand incr

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Expert: number safeguard farmers' land rights is the core spirit

2015-06-05

Recently released by the central file no. 1, 2013, based on the rural hollowing out, women and elderly left-behind, all kinds of factors of erosion, demand increasingly diverse reality, has been clear about the policy of giving more, taking less and back feeding countryside, specific provisions for promoting rural economic development and social transformation measures, is a practical, foresight, the specific and detailed documentation. And in many idea, land rights protection is further implement the total file gripper.
First, land rights protection is the basic requirement to realize the modernization of agriculture further. At present, our country rural land fragmentation serious, need through the market to achieve economies of scale. File, stressed that to further stabilize the contracted management, study its permanent concrete form, completed and requires 5 years of registration and certification of the right to the contracted management's approval, this is clearly in paves the way for market transaction of the right to contract.
File, stressed that to develop multiple forms of new-type farmers economic cooperation organization, attract social capital investment in agriculture. This new type of main body, and if you want to stick to the individual farmer cooperation on a voluntary basis, rather than gobbling up the weak image of big fish eat small fish, if you want to stick to farmers' mutual investment, share the wealth of harmonious coexistence, rather than on the gap between rich and poor continues to expand at the expense of the simplification of scale production, so, we must fully respect cooperation main body freedom of land property rights and investment.
File reiterated that strictly protect the basic farmland, it is strictly prohibited without authorization, change of land use. The existing land expropriation, in accordance with the provisions of the original land use compensation is essentially by deprivation of farmers' land rights, in exchange for city dwellers and the country's food security. Practice has proved that this kind of interests, ignore the farmers' land rights simply rely on administrative sanctions and rough, cannot achieve the purpose of protection of farmland. Said from this Angle, the file emphasizes to strengthen agricultural subsidies, improve the producing benefits compensation compensation and arable land protection, it is not government gift for farmers, on the contrary, is the redemption of farmers' land rights. Compared with the original does not accept the practice of farmers' land rights, this is really a big step forward.
Second, land rights protection is the important basis to realize urbanization. File is particularly pointed out that urbanization is not a simple rural land urbanization, but farmers urbanization together with agricultural modernization. But getting skilled, can in the cities are willing to based in the city of the development of the farmers to get rid of dependence on land, settle for city, make more and more left-behind children, women and the old man no longer suffer from the pain of separation, relatives will be able to reunite in the cities, we must allow farmers to the contracted management of land and housing land use right replacement for city venture capital, investment ability on them, rather than allow them to stalk sell their labor to the city. In return for a small salary
Therefore, must be allowed to land contract right and the transfer and mortgage of housing land use right. Some worry that this will make the guarantee of farmers losing land, this is no good reason.
First of all, the freedom of trade, on the performance for farmers in their income, discreet choice on the basis of risk assessment, can effectively put an end to "ye tian don't worry about" for pups, forced into a cheap land to the happening of the social security situation.
Secondly, farmers to transfer the contract right or right to use house sites, completely can be first in the above contract right or right to use house sites to set himself a first-lien annuity mortgage rights, namely, whether the land is transferred to the person, inure to have an obligation to pay the holder of the original each year a certain amount of money or in kind, as the holder of the original's basic life safeguard. If the transferee fails to fulfill debt, then an annuity mortgage holder can use the land contract right or right to use house sites, or was withdrawn.
Such a setting, in the protection of obligee basic life will revitalize the land at the same time. If you don't have this kind of trade freedom, but to continue the contract right and the transfer and mortgage of housing land use right, no matter for all types of financial institutions for agriculture what preferential loans, the result will be a large number of subsidies and preferential policy at all levels of bureaucracy in the leakage in the invisible, Banks will still be reluctant to lend even denied loans for farmers lack of guarantee.
And even if the government's preferential policies make farmers get the loans, guarantees the lack of responsibility will make farmers intrinsic constraint greatly weakened, thus stimulating increased defaults to repayment situation.
Moreover, the urbanization and the intensive utilization of land, and even the protection of cultivated land, are required to change the existing one household owns a piece of land for building house policy. With particular emphasis on 1 file, shall not force the farmers to go upstairs. So, how can farmers voluntary upstairs? One important way is to make the farmers become stock land or the right to use construction land development, the benefit main body, farmers by introducing capital or self-raised funds to construction of multi-storey and high-rise residential, this requires open and housing land use right transfer and mortgage of the right to use construction land.
If one denies farmers to transfer and mortgage of housing land use right, the right to use construction land, the ability to obtain financing to self development and self benefits, on the one hand, and emphasized "shall not force", the result can only be "farmers not used, the government not to", the intensification of rural land will be stalled. Or simply, just like today's small property right, land violations and illegal trading chart, legal credibility severely weakened.
Third, land rights protection is also an important way to strengthen the villagers' autonomy, protect farmers' interests. The extent of the villagers' autonomy, rely on Yu Cunmin constraints village cadres' ability to run amok. In rural clan is still powerful, this means that the vote with their feet is far more important than voting by hand. Villagers who didn't yield village cadres authoritarian must be endowed with by selling land, left with income rights, this request must strengthen individual land use rights and freedom of trade, rather than continue to strengthen actually village cadres under the direct control of collective land ownership.
Without it, the so-called "vote by hand", is simply "the illegal and authoritarian endorsement of village cadres and pay for the right"; The so-called "villager autonomy", will also be alienated to arbitrary and rule of village cadres.
Not only that, the land property rights basis or restrain the power of the government. Land property rights stability and protection, is essentially limited by the power of the government and self-restraint. If a still can break the law, if the land planning can reject the participation of land right holder but officials unilaterally decided, if compensation can still ious, reduce or withhold at and intercept, land rights is meaningless at all.
Future zhang, the project has been set already, the rest is the key to implement. We delighted to see that one file explicitly put forward: establishment of "clear ownership, power full and smooth circulation, protect strictly" of rural collective property rights system, agriculture is to stimulate the vitality of rural development intrinsic request. Sixteen words, this is for "collective land ownership" actually belongs to is unknown, no one is responsible for the growing; Points to the farmers land contract right and the right to use house sites, dispose of freedom, deprived of the right to use construction land illegal small property right blossoming of stopping; Face is that in some places, the power of the government levies on farmers' land at will, illegal mowgli's, to highlight the land rights of the total gripper is of crucial importance.
Seize this altogether gripper, constantly strengthen, open land circulation, land rights from land use planning body to implement government planning body, let the land property rights and the government each Ann, fully respect the farmer's independent innovation, is take the rural reform of the key, can get twice the result with half the effort. And the attitude of farmers' land rights, also examining local governments at all levels of the party's policy is to actively implement the test or backstabbing.

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