Dianjiang County Land Transfer Survey Report
Dianjiang County Land Transfer Survey Report
First, the new situation of rural land transfer Rural land household contracting management has achieved a balance between the total supply and demand of agricultural products, more than enough. Rural economic development has entered a new stage of structural adjustment, and there are many problems in family management that are constrained by small production and large markets. The outstanding performance is in two aspects: First, it is restricted by capital, technology and information, the industrial structure is convergent, the product is single, the quality is not excellent, the degree of commodification and industrialization is low, and it is difficult to adapt to the fierce competition and the ever-changing market. Second, the average land contracting cannot meet the needs of farmers to increase their incomes, and the rural labor force has been transferred in large numbers. There is no one in the field and no one in the field. Respecting the laws of the market and in accordance with the principle of benefit priority, on the basis of stabilizing the household contract management system, innovating the land management mechanism and exploring the transfer of land use rights are the objective requirements of agricultural development.
The county party committee and the county government attach great importance to the rural land transfer work. The competent departments actively work and play a functional role to make the county land transfer exploration and achieve initial results. From the second round of land extension work to June 30, 2002, the county has a total of There are 143 rural land circulations, covering an area of 20146.44 mu, including 3,727.83 mu of land, 2,573.51 mu of soil, and 1,3845.1 mu of four wasteland, involving 5,914 households, of which the area of land transferred accounts for 1.02% of the cultivated land area of the county. This statistical scope refers to the part of signing a transfer contract, which does not include sporadic custody among farmers, that is, land swaps and subcontracts that are not negotiated between farmers without a contract are not included. The transferred land is mainly used for agricultural scale operation, involving economic projects such as rapeseed seed production, fruits, vegetables, sericulture, and aquaculture. The forms of circulation include anti-rental, subcontracting, leasing, and swapping. A number of such as “Yuhuang No.1”, “Sanhe Reservoir Ecological Park”, Xinmin squid project, vegetables, sericulture, and nursery have emerged in the county. Such as agricultural industrialization demonstration projects or leading enterprises.
Land transfer has a huge and far-reaching impact on transforming traditional agriculture in our county, optimizing the economic structure of agriculture and rural areas, and economic and social development:
First, the creation of regional characteristic agriculture, the formation of a rational layout, scale management, outstanding characteristics of Shaping "Shuhuang No. 1" rapeseed seed production base, Taiping Peony Tourism Area, Seven Bridges squid project, Sanhe Ecological Agriculture Science and Technology Park, etc. Excellent new and rare professional production area. Second, the emergence of large and medium-sized agricultural leading enterprises has increased the degree of agricultural organization. A group of agricultural enterprises with strong economic strength, high technology standards and a viable operating mechanism, such as Li Nong No. 1 Company, Monkey King Group, Guixi Ecological Park Development Park and Xinmin High Quality Sericulture Demonstration Park. The third is to enhance the sustainability of sustainable development. To undertake self-raised funds from the owners, bring their own technology, information, talents to invest in land development, repair roads, promote water conservancy, build scientific research bases, commodity production bases, and processing bases. Only the Huanghuang No. 1 base invested tens of millions of yuan to build scientific research institutes, breeding greenhouses, and improved seed storage. The fourth is to create a Dianjiang investment environment and upgrade the Dianjiang brand. With the establishment of the county, the advantages of agricultural resources, location advantages, development potential and profit-making environment are favored by domestic and foreign merchants, including Japan, South Korea and Malaysia. During the inspection of merchants, a number of brand enterprises such as Tonghe Pharmaceutical and Tianli Company and key enterprises such as Guangzhou East District Company and Yichang Development Company were successively introduced. Yuhuang No. 1 has a leading position in the international market and has become a Silicon Valley of China's agriculture. It has created a famous brand of high quality rapeseed in Dianjiang. The good varieties are sold to more than 10 provinces and cities such as Hubei and Anhui, occupying nearly half of the domestic market. The fifth is to get out of the agricultural industrialization model. Enterprises and farmers use family orders to transfer family business to company + farmers, science and technology + farmers, bases + farmers. Farmers accept modern business concepts and institutionalized management methods. Farmers implement standardized production according to market information, business strategy and business objectives. Time to pay wages to promote market ideas, scientific knowledge, identity, production, lifestyle changes and improvements. The sixth is to increase the agricultural quality and increase the income of farmers. The special commodity production base produces a batch of high-quality and high-efficiency agricultural products, which are marketable. The farmers who transfer the land do not pay the land cost, do not bear the market risk and natural risks, and stably obtain the land transfer income, and can obtain the labor income from the enterprise work. The base of Qihuang No. 1 pays 500 yuan per mu per year, which is more than 800,000 yuan. The Xinmin Zhu Xueping vegetable base has more than 60 acres of labor and pays about 60,000 yuan this year. According to preliminary estimates, the average annual labor payment for each acre of land is more than 200 yuan, and the county has transferred to 20146 acres. The income of farmers from work is more than 4 million yuan. Using the rapeseed flower of the No.1 base of the Yellow River, this year, the production of pure natural honey is more than 5,000 kilograms, and the output value is 80,000 yuan. The Biqiao village branch secretary Hu Ronghua, this year, in the rape blossom season, the farmhouse business income is more than 80,000 yuan, and the profit and tax is nearly 30,000 yuan.
At present, land transfer is a good opportunity. In the past two years, we have actively explored and accumulated useful experience. When entering the WTO, the rational flow and optimal allocation of production factors is the trend of the times; in particular, the Central Committee of the Communist Party of China has issued a notice on the transfer of the right to use contracted land for farmers. Guide the healthy development of rural land use rights. We should seize the opportunity to formulate an active rural land policy, actively explore land transfer methods, and accelerate the pace of economic and social development in the county.
Second, the new problem under the new situation Land transfer is a new thing in the in-depth development of agricultural and rural economic system reform. The emergence of new situations and new problems is a normal phenomenon of the development of things. There are mainly the following problems:
1. Insufficient understanding and insufficient attention. First, some grassroots leaders and relevant personnel believe that land transfer is a farmer's own business. Farmers and owners should negotiate freely, have nothing to do with township and village communities, do not strengthen management, and adopt an attitude of listening to them; farmers' love of love, small farmers' economy The consciousness is more serious, and some farmers even have the idea that gold does not change silver, which seriously hinders the rational circulation of land. The second is to take administrative orders for land transfer. Some townships or villages in order to implement image projects, performance projects or complete a job assessment task, promise various promises to the owners, do not respect the wishes of farmers and adhere to democratic consultation, openness and fairness. The principle of taking coercive means to facilitate the realization of land transfer to complete the task.
2. Inadequate supervision and management. In 2000, in order to strengthen the management of rural land transfer, the County Agricultural Bureau issued a “Measures for the Management of Land Transfers in Dianjiang County” through extensive investigation and research, in accordance with the “Regulations on Contracting Contracts of Rural Cooperative Economic Organizations in Chongqing”. Guided the land transfer management work in the rural areas of the county, and won the second prize of scientific and technological progress of Chongqing Agricultural Bureau. For more than a year, due to various reasons, the management of land transfer has not been enough to manage the trials, and the townships and towns have basically not operated according to the trial method. Due to institutional reasons, the agricultural service stations of townships and towns have been compiled after the institutional reform, and the management agencies of the township contracting contracts have not been established or adjusted in time, and the institutions are not perfect. The agricultural economic stations are engaged in the burden of farmers, land contracting and collective assets. Management-oriented administrative management, administrative supervision, and administrative law enforcement work have neither the right to charge nor the business projects. Many agricultural economic cadres are unable to guarantee basic wages. They are worried about their livelihoods and have not actively involved in land transfer management. Now Rural land transfer is basically in a disorderly state.
3. The government has not issued supporting regulations and policies and institutional archives for land transfer in a timely manner. The policy propaganda and guidance are weak, social services are lagging, and the circulation environment is not good enough. Land asset assessment and transfer knowledge training can't keep up. Information and services are in a blind spot, making land transfer in some areas more difficult and land reclamation is serious. Second, some farmers spontaneously circulated, with different practices and more drawbacks. Farmers verbally negotiated, the rights and obligations of the two parties were not clear, and the tax burden was difficult to implement; some converted basic farmland into non-agricultural land; in some places, the people were not fully mobilized, cadres were replaced, and circulation disputes occurred frequently. For example, in June 2000, Heyou Money Village transferred more than 70 mu of land, with a term of 25 years. In early 2001, the contract was terminated, causing a large economic loss to the owners.
4. The signing of rural land transfer contracts is not standardized.
The area is not true. According to the survey, some townships and towns land transfer contract is calculated according to the customary area of the second round of land contracting, rather than signing the contract with the actual measuring area. In general, the customary area is larger than the actual area, but the real gap between the actual area and the customary area is in the hearts of some owners and farmers.
Land transfer period. Some of them exceeded the remaining period of the second round of land extension contract when signing the rural land transfer contract. The county party committee [1998] No. 6 file clearly stipulates that the second round of land extension period will remain unchanged for 30 years from July 1998, and one of our surveys has a land transfer contract from October 27, 2000 to 2030. On the 26th of the month, it exceeded the remaining period of the second round of contracting.
Contracting fee issue. Many land transfer contracts have a long period of time. If the subcontracting fee is paid for money, it is difficult to predict the rise and fall of prices in the future. It may cause losses to contractors or farmers, which may lead to contract disputes. Therefore, the rent or transfer is made in monetary terms. The package fee should take into account the impact of price factors. If the subcontracting fee or rent is paid in kind, the impact of factors such as the level of productivity development should also be considered. Some towns and towns did not refer to the standards of other parts of the county when determining the rent, and the established standards were lower, which harmed the interests of farmers. If a township rents the farmer's field to the owner to develop sericulture, the compensation for the farmer is 600 years of rice per mu per year, and it is calculated according to the customary area, which is significantly lower than the other areas of our county.
The meaning of the meaning of the contract provisions. First, there is a change in the keyword sentence in the contract signing, and there is no mark that the parties agree to correct. Second, the meaning is vague, and the phenomenon of expressing unclear meaning is more prominent. Third, some parties have responsibilities, rights, and interests that are not equal. In the event of a contractual dispute, the agricultural contracting agency or the people's court will be difficult to discern the true intentions of both parties and bring losses to the owner or the farmer.
Third, the basic idea of land transfer The basic idea of rural land transfer, with development as the theme, focus on economic benefits, foster leading enterprises; rely on management system and mechanism innovation, adjust and optimize the agricultural and rural economic structure, increase farmers' income. On the principle of circulation, we must uphold the ownership of rural collective land, stabilize the contractual rights of farmers in the long run, and transfer the right to use according to law. On the transfer target, relying on the combination of advantages in all aspects, the implementation of intensive management of cultivated land scale, the development of high-quality, high-yield and high-efficiency agriculture. Actively develop non-cultivated land and low-yield land, develop characteristic agriculture, ecological agriculture and sustainable agriculture to meet the growing needs of people's material and cultural life. In the direction of circulation, relying on the transformation of scientific and technological achievements and the application of practical new technologies, we will focus on the effective docking of market information, capital, labor and advanced management experience, and build a group of distinctive, advantageous, high-tech products, good market prospects and strong radiation-driven capabilities. Commodity production base and modern agricultural demonstration zone. In the way of circulation, adhere to the independent choice of farmers and owners.
IV. Measures and Suggestions The problem of land circulation is essentially the problem of rational flow and optimal allocation of production factors in line with the production relations of modern production and management methods, systems and mechanisms, and the promotion of coordinated economic and social development. In accordance with the requirements of the archives of the Central Committee of the Communist Party of China, we must do a good job in improving the socialist market economic system and do the following work:
1. Raise awareness and master the initiative of work. Land transfer has always been an important policy of the party in the countryside. As early as the early stage of land contracting, the Central No. 1 file was clearly put forward in 1984, encouraging the land to gradually concentrate on farming. In 1992, in the goal of the establishment of the socialist market economic system at the 14th National Congress of the Communist Party of China, it was again clearly promoted and implemented as an important policy to cultivate rural land markets and promote land transfer. At the end of last year, the central government issued a special notice on the transfer of the right to use the contracted land of farmers, emphasizing the requirement to take effective measures to correctly guide and regulate the transfer of rural land use rights.
In accordance with the spirit of the Central Notice, leaders at all levels have re-recognized that "the land issue is the core of agricultural and rural work and the basis for rural stability." It is necessary to strengthen the party's rural policy learning and publicity in accordance with the requirements of the "three represents" of the comrades. Education, correctly guide and standardize the rural land transfer work, ensure the rational use of rural land, provide legal policy services for land transfer, and safeguard the long-term interests of farmers.
2. Revise and improve the “Measures for the Management of Land Transfers in Dianjiang County” and standardize the order of circulation. Land transfer is a system and mechanism innovation that integrates legal system, economy and society. On the basis of summing up the successful experience, the "Dianjiang County Land Transfer Management Measures" should be revised to establish its position in the economic and social reform of our county, and the relationship between collective economic organizations and household contract management. Clearly define the principles, forms, deadlines, work procedures, confirmation of use rights, management institutions and their responsibilities, rights, obligations, dispute resolution and legal responsibilities. And make clear requirements for transfer fee management, transfer contract documents, files, and attestation. Really make the land flow on the legal and standardized track.
3. Strengthen government guidance and focus on policy advancement. Land transfer is in its infancy, and government guidance is particularly important. First, we will focus on policy services and create a circulation atmosphere. Specialized files were issued, special meetings were held, and the Party Central Committee’s land policy was comprehensively publicized and implemented, and some grassroots leaders and people’s ideological concerns were lifted. In combination with the actual situation, formulate policies to encourage circulation, especially the policy of land development and utilization, the policy of light taxation, the policy of rights and interests, environment, credit, and services. Second, comprehensive planning and selection of development projects. In accordance with the ideas of regionalization, specialization, and industrialization, we will carry out scale management and intensive management planning, and focus on attracting investment. Third, strengthen organizational coordination, clear division of labor, management of specialized agencies, and one-stop service. Fully mobilize the enthusiasm of the grassroots organizations in the village, widely listen to the opinions of the people, improve the remaining problems in the previous circulation according to law, and actively organize the competition.
4. Construct a circulation carrier to promote the market system. The first is to cultivate and undertake the owners, sum up and commend a number of demonstration typical enterprises, and attract investment from a number of domestic and foreign-owned owners. Second, establish a group of intermediary organizations. Engaged in land information collection, sorting, advertising, policy consultation, quota guarantee, land asset assessment, material supply services. Form a supporting system of vertical and horizontal integration, policy support, information sharing, and efficient service. Third, establish market rules, maintain an open, fair, and just competitive order, prevent the flow of indicators, and use administrative means to engage in arrogance.
5. Strengthen the construction of land infrastructure and enhance the value of land. The backwardness of agricultural infrastructure is an important reason for restricting land circulation. Improve land production conditions and create a transfer advantage. First, strengthen comprehensive agricultural development, vigorously transform low- and medium-yield fields, complete water conservancy irrigation and drainage facilities, and build stable and high-yield farmland. The second is to focus on ecological construction, to control soil erosion and prevent pollution. The third is to strengthen the construction of production and living facilities with roads, telecommunications, power grids, water supply, etc. as the mainstay, and enhance the comprehensive development and utilization capabilities.
6. Vigorously develop non-agricultural industries and promote the transfer of rural population and labor. The transfer of rural population and labor force is an important indicator for rationally adjusting the layout of productive forces and solidly promoting industrial upgrading, and is also an inevitable requirement for land transfer. First, focus on multi-level value-added agricultural products, and vigorously develop agricultural and sideline products processing, marketing, storage, preservation, and packaging industries. Focusing on the scale of the leading backbone processing industry to expand the scale, absorb a large number of rural population to transfer to the pre-production, post-production or secondary and tertiary industries to stabilize employment. Second, actively develop township and village enterprises, seize the opportunity of large-scale development in the west, attract a number of famous brand enterprises and counterpart support enterprises and projects to settle in our county, and build a number of new leading enterprises and pillar industries with capital, technology, equipment and experience in the east. The third is to speed up the construction of small towns supported by industry, expand the scale, improve functions, and attract rural people and laborers to live and work in peace. The fourth is to develop tourism resources and develop supporting tourism and leisure service industries. At the same time, strengthen contact with developed regions and enterprises, and actively develop labor export to domestic and foreign markets.
7. Adhere to market orientation and flow through multiple channels. Taking project development as the focus, attracting investment; core enterprises as the leader, implementing characteristic resource development; bidding and bidding as the basis, competition contracting; use rights as the link, establishing new professional cooperation organizations; Agricultural demonstration zones; entrusted farming, mutual exchange, and child inheritance are all suitable circulation channels. The specific forms of various channels are diverse. The key is to proceed from reality and allow both parties to choose the most appropriate channels and forms to achieve complementary advantages and win-win economics. Shared responsibility for sustainable development.
8. Improve institutions and strengthen functions. The county shall promptly adjust and enrich the county agricultural contract management committee and its members. The competent departments shall perform their duties effectively and do a good job in guiding and managing rural land circulation. Townships and towns shall establish or adjust agricultural management contract management institutions accordingly, and implement special personnel to report to the county agricultural bureau for the record. According to the three major administrative functions of rural land contracting, peasant burden, collective assets and finance, the agricultural economics station is included in the public institutions managed by civil servants, and the salary and necessary working expenses are included in the financial budget management at the same level. At the same time, the agricultural economics department should strengthen the investigation, analysis, analysis and reporting of rural land transfer, pay close attention to development trends; guide the establishment of rural land transfer contracts, and timely handle the confirmation, modification, re-issuance and use rights of contracts caused by land transfer. jobs. Do a good job in contract authentication, establish a circulation contract file, guide the owners and farmers to establish a reasonable interest linkage mechanism, and timely mediate and deal with land contract and transfer contract disputes. Under the premise of ensuring the long-term stability of the rural society in our county, we will accelerate the pace of agricultural industrial restructuring and promote the sustained, rapid and healthy development of the rural economy in our county.
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