Optimizing the Allocation of Land Resources and Creating a New Broad World-New Changes in the Amendment to the Rural Land Contract Law
Published:
2019-01-07
Agriculture and food security are the foundation of the country's long-term stability. No matter how advanced science and technology is, no matter how sufficient the country's foreign exchange reserves are, and no matter how high the cost of agricultural production is, it is necessary to achieve the necessary independent supply and treat agriculture from a national strategic perspective. In the long-term historical development of China, the people are the foundation of the country, and the subjects pointed to by the people are actually "farmers". Almost all the famous reforms in the long history of China are related to agriculture. Farmers, agriculture and rural issues have always been difficult issues in governance. Rural areas are also the top priority of poverty alleviation and a key part of building a well-off society in an all-round way. This revision of the law is of great significance:
(I) the amendment of the law to better implement the reform of the separation of powers, promote the circulation of contracted land, and realize the optimal allocation of agricultural resources.
The core problem of the reform of "separation of three rights" is that the contracted households of household contract have changed their management mode, that is, the farmers themselves have changed to retain the land contract right, transfer the contracted land to others for management, realize the separation of land contract management right and land management right, and farmers retain the land contract right. State protection is limited to the legal circulation of land management rights of contracted land for agricultural production in order to achieve optimal allocation of resources. The new right derived from the land contract management right is named "land management right".
The (II) amendment provides for the registration of land management rights, and the legal status of land management rights is determined by the registration of property rights.
The key to the reform of the "separation of powers" is to clarify and protect the land management rights obtained by the business entities through the transfer contract, and to protect their business expectations. There are differences in the needs of different business entities for the registration and issuance of land management rights. Some operators hope to obtain long-term and stable land management rights through registration, while some short-term operators think that registration is not necessary.
Taking into account different needs, the new law for "land contract management rights" and "land management rights" registration are voluntary registration, without registration may not be against a bona fide third party, to determine its legal status, "land contract management rights exchange, transfer, the parties may apply to the registration agency for registration. Without registration, may not be against a bona fide third party." "Where the term of circulation of the land management right is more than five years, the party concerned may apply to the registration authority for registration of the land management right. Without registration, he may not oppose a bona fide third party."
(III) how to solve the problem of operating funds, the financing guarantee system of land management rights was created.
Land management is a commercial operation, which inevitably needs financial support. How to solve the financing demand? The land management right can provide financing guarantee to financial institutions. "" The contractor may use the land management right of the contracted land to finance the financial institution and file with the contractor. The land management rights acquired by the transferee through the transfer may be guaranteed to financial institutions with the written consent of the contractor and filed with the contractor." Provisions are made for the path of realization of security interests: (1) "The security interest is established when the financing guarantee contract becomes effective. The parties may apply to the registration authority for registration; without registration, they may not act against a bona fide third party." (2) "When the security right is realized, the security right holder has the right to give priority to the right to operate the land."
(IV) the provisions on the extension of the unified contract period for cultivated land, woodland and grassland, no difference provisions shall be made.
The original rural land contract law stipulated the contract period of cultivated land, woodland and grassland, but previously only stipulated that the contract period of cultivated land should be extended for another 30 years after the expiration of the contract period. "The contract period for cultivated land shall be 30 years. The contract period for grassland shall be 30 to 50 years. The contract period for forest land shall be 30 to 70 years. The contract period for cultivated land specified in the preceding paragraph shall be extended for another 30 years after the expiration of the contract period for grassland and forest land shall be extended accordingly in accordance with the provisions of the preceding paragraph."
The right acquired by the (V) to create "other forms of contracting" for the "four wastelands" is the right to land management.
Family contracting has the nature of production and operation, as well as social security. Only members of the collective economic organization have the right to contract and obtain the right to contract land management. The "four wasteland" contract does not involve social security factors, and the contractor is not limited to the members of the collective economic organization, and the rights it acquires are different in nature from the right to contract management of land. This provision is amended as follows: if rural land is contracted by other means, the contractor shall obtain the right to land management.
The membership of the collective economic organization shall be confirmed in (VI) with the provisions of laws and regulations, so as to avoid arbitrariness in practice.
From the practice of various localities, the reference standards for determining the membership of rural collective economic organizations mainly include whether they are villagers, whether they have registered permanent residence, whether they contract land, whether they are actually producing and living in villages or groups, whether they are approved by villagers' meetings and villagers' representative meetings, and whether they form rights and obligations with rural collective economic organizations, but they are basically solved within the scope of villagers' committee autonomy. Article 69 is added in this revision: "the principles and procedures for confirming the membership of rural collective economic organizations shall be prescribed by laws and regulations." Thereafter, the identification requirements will be gradually harmonized.
China's agricultural population accounts for the vast majority, and only when most people achieve a well-off society can they finally build a well-off society in an all-round way. After 40 years of reform and development, China's economy has maintained rapid growth. China has successfully solved its own problem of food and satisfaction. The next step is how to become better and more beautiful. How to further tap the multiple functions of agriculture and make China's agriculture more stable, sustainable, and high-quality development, all of this is inseparable from the optimal allocation of agricultural resources, especially land resources. This revision of the law will definitely have a positive impact on this. And long-term impact.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
