Investigation Report on the Propaganda and Implementation of the Rural Land Contract Law by Yunyang County Agricultural Bureau

Investigation Report on the Propaganda and Implementation of the Rural Land Contract Law by Yunyang County Agricultural Bureau

Land is the most basic means of production for agriculture and the most reliable social security for farmers. In order to protect farmers' land contractual rights and the consolidation and improvement of rural basic management system in accordance with the law, strengthen rural land management, guide rural land in a rational and orderly circulation, increase farmers' income, promote rural surplus labor transfer, and promote rural industrialization development and towns. Construction. To lay the foundation for the implementation of the Law of the People's Republic of China on Rural Land Contracting, and provide detailed information, we have two rounds of contracting, land transfer and land management for rural land in Renhe Longcun Village, Mugu Village, Panshi Town Yong'an Village and Shilou Village. We conducted a survey. The investigation report is as follows:
I. Basic information This survey investigated 4 villages, 36 agricultural cooperatives, 1847 households, and 6,382 agricultural population. The contracted area was 5451.1 mu, including: 2419.2 mu of land, 2127.9 mu of land, and 904 mu of mountain and other areas.
Land contracting “three to the household” situation Land contracting “three to the household” refers to the implementation of the contracted land plot to the household, the contractual contract signed to the household, and the land management right certificate issued to the household. the survey suggests:
1. There are 1,411 households in the “three to households” of land contracting, accounting for 76.3% of the total number of households surveyed; 4,395 mu of cultivated land, accounting for 73.4% of the total cultivated land area, of which: 487 households with “three households” are inconsistent, accounting for 34.5% of the well-developed households, 1406 acres of arable land, accounting for 32% of the area of ​​cultivated land. Mainly people and Zhenmu Ancient Village, although the contract of contract and the land management right certificate are issued to the household, some villagers believe that there is a difference between the cultivated land area on the contract and the certificate and the actual cultivated land area.
2. There were 436 households with land and households, contracts and certificates not available, accounting for 23.7% of the total number of households surveyed, and 702.1 mu of cultivated land, accounting for 26.6% of the total cultivated area. The main contract for the second-round contract and land contractual management rights of Yongan Village in Panshi Town has not yet been distributed to farmers.
The land transfer situation is reflected in the survey of 36 communities in 4 villages. There are 398 land transfer cases, accounting for 21.5% of the total number of surveyed households. The number of people transferred is 1,391, accounting for 23.3% of the total contracted population, and the area of ​​cultivated land is 503.5. Mu, accounting for 11.07% of the total cultivated area, including 402.3 acres of land and 101.2 acres of land. They are classified into the following three forms, as follows:
1. There are 171 households divided by land transfer, accounting for 43% of the surveyed transfer households. The number of transferred land is 599, and the transferable cultivated land area is 270.5 mu, accounting for 53.8% of the surveyed transfer area, of which: 169.3 mu of transferable land. 101.2 acres. It mainly involves Yongan Village and Shilou Village in Panshi Town, and the farmland is transferred to others for cultivation.
There are 227 land leases, accounting for 57% of the surveyed transfer households, 198 people renting land, and 233 mu of leased farmland, accounting for 46.2% of the surveyed area, including 233 acres of leased land. It mainly involves people and towns such as Longlong Village and Mugu Village. The cultivated land was rented by the Yangtze River Forest Farm as a nursery base.
2. According to the economic compensation method, there are 228 households with paid transfer, accounting for 57.3% of the survey transfer households, the number of transfer people is 802, and the area of ​​cultivated land is 237 mu, accounting for 45.1% of the surveyed transfer area, of which: 235 mu of land, land 2 mu. If the 233 mu of cultivated land in Renhe Township and Mugu Village is leased by the Yangtze River Forest Farm as a nursery base, the lease fee is 1,000 kilograms of rice per annum, which is calculated at the market price of the year.
There are 170 households with free circulation, accounting for 42.7% of the surveyed households, 595 people, and 266.5 acres of arable land, accounting for 52.9% of the land transfer area, including 167.3 acres of land and 99.2 acres of land. The land is cultivated to others without compensation, and the original contractor bears the annual tax.
3. According to the form of transfer contract, there are 227 households signed by written contracts, accounting for 57% of the survey transfer households, 798 people transferred, and 233 mu of cultivated land, accounting for 46.2% of the surveyed transfer area, including: 233 acres.
There are 171 households transferred according to the oral contract, accounting for 43% of the total number of surveyed households, 599 people, and 270.5 acres of arable land, accounting for 53.8% of the surveyed area, including 169.3 acres and 101.2 acres.
Land management According to the survey of 36 villages in 4 villages, there are 1386 households with good land management, accounting for 75% of the total number of surveyed households, 4,604 contracted land, and 3938.2 mu of cultivated land with good management, accounting for the surveyed land. 86.6% of the area, including: 2092.7 acres of land, 1845.5 acres of land. Among the 398 households with land transfer and 503.5 mu of cultivated land, there are currently 397 households with a good operating situation, accounting for 99.7% of the transfer households and 489.5 mu of cultivated land, accounting for 97.2% of the converted cultivated land, including 332.2 mu of land and 167.3 mu of land. Ru Ren and Zhenqi Long Village, after leasing 160 acres of arable land to the Yangtze River Forest Farm, increased investment in cultivated land, expanded the scale, and achieved a win-win situation for forest farms and farmers. There are 461 households that deal with the field, half of the wasteland, and all the wasteland, accounting for 25% of the total number of surveyed households. The number of contracted land is 1,347, involving 608.9 acres of cultivated land, accounting for 13.4% of the surveyed land area, of which 325.7 Mu, 283.2 acres of land.
1. The case of "handling the field" We will re-plant the extensive management of the light pipe phenomenon, called the species "handling the field." Among the surveyed farmers, there were 269 households with 790 people, accounting for 14.5% of the total number of households surveyed, covering an area of ​​509.5 mu, accounting for 11.2% of the surveyed area, including: 320.7 mu of land and 188.8 mu of land. The main reasons for the analysis of the species that "produce the field" are:
Because there are 248 households that think that crops are not cost-effective and low-efficiency, they account for 92.2% of the fields, 448.7 acres of land, accounting for 88% of the fields, including 280.2 acres and 168.5 acres.
There are 21 households that are neglected to manage because of migrant workers or local workers, accounting for 7.8% of the fields, 60.8 acres of land, accounting for 12% of the fields, including 40.5 acres of land and 20.3 acres of land.
2. Semi-abandonment of land The land is semi-lost and involves 190 households with 548 persons, accounting for 10.2% of the total number of surveyed households. The area of ​​semi-landless land is 92.2 mu, accounting for 2% of the surveyed area, mainly involving the stone building of Panshi Town. Villages, people and towns are riding dragon villages. The land that has been abandoned is all dry land. The land is half-lost, because some of the poor ridges, low-yield, and remote sloping farmland of the farmers have low input and low output, so only the spring crops are planted for one season.
3. The land is completely lost. The total land loss is 2 households, 9 people, accounting for 0.1% of the total number of surveyed households. The total land area is 7.2 mu, accounting for 0.15% of the total survey area, including: 5 mu of land. 2.2 acres. The main reason for the total land loss is that the farmer’s family is working outside the country or doing business. The contracted land is uncultivated, and the farmers are reluctant to lose the land, and no one can subcontract the land, causing the land to be completely ridiculous.
Second, the main problems of the problem of land contracting "three to the household"
1. The contracting procedures are not perfect, so that the rights of farmers to contract land are not guaranteed by law. During the second round of land contracting, some village cadres were not aware of the problem, and they were afraid of troubles and other reasons. As a result, the second-round contract and land management rights certificates were still piled up in townships or village committees, and they were not distributed to farmers. The implementation of the Rural Land Contract Law. For example, Yongan Village of Panshi Town, because the second round of land contract involves foreign migrants, the land management right certificate has not been issued to the farmers.
2. There is a difference between the land management right certificate and the actual contracted land area of ​​the farmer. After the contractor has contracted, the village public welfare undertakings such as the newly-built villages, group-level roads or newly-built farmland water conservancy facilities have destroyed part of the contracted cultivated land, resulting in the fact that the actual contracted land area of ​​the farmer is inconsistent with the area on the land management right certificate.
Problems in land transfer The rural land transfer effect is better, which not only improves the utilization of land resources, promotes the process of rural land scale, but also plays a positive role in promoting the growth of farmers' income and promoting the transfer of rural labor. However, in the process of land transfer, there are also some problems that cannot be ignored.
1. Rural land transfer operation is not standardized Rural land transfer methods are various, including transfer, lease, subcontracting and other forms. At present, these methods are not operated in accordance with the norm of land transfer, nor are the rural land contract management agencies supervised As a result, the land transfer operation is not standardized and unmanned.
2. The rural land transfer contract does not regulate the rural land transfer contract. There are various methods, such as written, oral, and even nothing. Even if the transfer contract is signed, the contract is not standardized, and the subject matter of the contract is not clear enough. Not strong, easy to cause unnecessary contract disputes.
3. There are many factors affecting rural land transfer: the inherent “land of love” complex of farmers is difficult to eliminate. Some farmers have long been doing business in foreign countries, preferring to send people to farm, abandon or plant fields, and they are not willing to transfer land to others. They think that land is their own life, fearing that they will lose their jobs after the transfer; a few farmers He has found his own way of earning a living in the non-agricultural industry. He is reluctant to contract the land, cannot transfer it, and returns the collective due to tax and fee reasons and the land is too scattered, and the group is unwilling to accept it.
4. Non-standard circulation is easy to cause contractual contract disputes. At present, there are two main situations: the contractor has long gone out to work, and the land is subcontracted to the farmers outside the village to cultivate, which causes the village farmers to be dissatisfied, resulting in a transfer contract dispute; some farmers move outside the house to settle in the city, and the house After being sold to farmers outside the township, the purchaser will be allowed to cultivate the land of the farmer. The purchaser moved the household registration to the village group through incomplete formal channels, causing the opinions of the local farmers. The farmer accounted for the cultivated land resources of the village group, and the community of the community waiting for the contracted land was lost. At the same time, it is considered that the land transferred by this whole household is more than the actual land area, and it is convenient to move into the farmers, and there are hidden dangers of disputes.
Problems in land management
1. Land management lacks novelty, and traditional agricultural concepts are still common.
Since the implementation of the adjustment of rural industrial structure in our county, some large-scale breeding enterprises have emerged through land transfer, such as the nursery field of Renhe Town, the greenhouse vegetables in Shuikou Township, the early-maturing Taoyuan in Lotus Township, etc., forming a dominant industry and characteristic industry. The land management efficiency is good. However, the adjustment of most rural agricultural structures is not obvious. Traditional agriculture still occupies a dominant position. It lacks enthusiasm for the land it manages. Farmers' dependence on land declines. Land investment is less and predatory management is more common.
2. Land management lacks scientific and technological means and has not concentrated on farming.
Most of the young and middle-aged rural people go out to work, and the land is planted by women, the elderly, and children at home. Due to the lack of labor and the lack of scientific knowledge of farming, the land is extensively operated, and the rural information is not working well. The arbitrariness and blindness lead to the difficulty in selling agricultural products, and also damage the enthusiasm of farmers to manage land.
Problems in the management of contractual contracts
1. The township rural land contractual contract management institution is in name for forgetting. Since the township agricultural economics station is merged into the agricultural service center, the township agricultural economics function is weakened. The township party committee government has not implemented the work funds and assigned special personnel to be responsible for the management of rural land contractual contracts. And lack of guidance on land transfer.
2. There is no rural land contractual arbitration institution in the county, and there is a lack of means for solving land contractual disputes.
3. The county lacks a standardized land transfer contract text style, and irregular contracts are likely to cause injury-related incidents and contract disputes due to inconsistent terms.
Third, it is recommended to strengthen the publicity and implementation of the Rural Land Contract Law.
The Rural Land Contracting Law is an important law governing the work of agriculture, rural areas and peasants in the new era. It is an important task of current agricultural and rural work to study and implement this law. All localities must further their efforts in combination with reality. Stabilize the basic policies of the rural areas, stabilize and improve the two-tier management system based on household contract management and unified integration, and protect and develop the fundamental interests of farmers.
Establish and improve the guidance institutions for rural land contractual contract management and land transfer management.
Townships and towns should establish and improve the contracting management committee and land transfer management guidance organization as soon as possible, with special personnel, responsible for the verification of the contractual contract of the township, the supervision and implementation of the Rural Land Contract Law and the mediation of rural land disputes. At the same time, the contractual contract management agency should establish a contract management system, standardize the contract text, review the contents of the forensic contract, and properly keep various contract files and mediation agreements.
Improve the second round of contracting work as soon as possible.
In the second round of land contracting work, most townships and towns have already completed this work as required. However, for a variety of reasons, there are still cases of not signing land contract and not issuing land contract management certificates. Therefore, these towns and towns This work should be completed as soon as possible to effectively protect the legitimate rights and interests of farmers.
The transfer of land use rights must adhere to the principle of “legal, voluntary, and paid”.
Under the premise of insisting on ensuring ownership, stabilizing contracting rights, and invigorating the right to use, the land use right must strictly adhere to the principle of “legal, voluntary, and paid”, strictly control the policy boundaries, and must not let it go. The township government should strengthen guidance and must not use it. Excellent administrative intervention, forced circulation, and effective maintenance of the principle of efficiency and fairness, ensuring the standardization and orderly implementation of land use rights, and safeguarding farmers' land rights and interests.
Establish and improve the land transfer declaration, registration, and certification system.
When transferring land, the transferee and the transferor shall submit a written application to the village committee. After the village committee or the villager's congress decides to study, it shall report to the township contract contract management agency for registration. The village committee shall supervise and guide the two parties to sign the land transfer contract and report to the township agricultural contract management department. The land transfer contract shall be in a uniform format. If a contract dispute occurs, the village committee and the contractual contract management agency shall promptly mediate.
Establish a land transfer risk gold system.
After the land transfer contract is signed, the owner shall pay a certain amount of risk deposit every year to prevent the owner from failing to perform due to operational difficulties and other reasons. If there is no dispute at the expiration of the contract, the risk deposit will be refunded.
Establish a county-level rural land contractual arbitration institution.
Relying on the county rural management institutions to establish county rural land contractual arbitration institutions, mediation and arbitration of rural land contractual contract disputes.
Actively encourage the circulation of rural land contracting contracts and promote the development of rural industrialization.
Rural land contractual contract management agencies at all levels should actively encourage diversified circulation forms, actively guide diversified circulation entities to participate, and strive to explore county, township and village to establish land contractual management rights transfer intermediary agencies and land trust service centers to accelerate land transfer. Promote the development of rural industrialization, promote the transfer of rural surplus labor, and increase farmers' income.
In order to effectively carry out the propaganda and implementation of the "Rural Land Contract Law" of the county, actively explore ways and methods to strengthen rural land contract management and promote the orderly transfer of rural land contractual management rights, and suggest that the county should engage in the management of land contractual contracts in a township. Pilot of land transfer management. The pilot content includes:
1. Strengthen the publicity of the "Rural Land Contract Law" to make it a household name;
2. Establish and improve the township agricultural contract management committee;
3. Establish a township rural land management rights transfer guidance office;
4. Improve the second-round contracting archives of the land;
5. Standardize the procedures and procedures for the transfer of land management rights;
6. Unified land transfer contract text;
7. Explore ways to guide farmers to do a good job of land transfer and promote the transfer of rural labor;
8. Explore ways to strengthen land transfer, realize land scale and intensive management, and promote the development of agricultural industrialization;
9. Explore the establishment of land transfer intermediary agencies and land trust service centers to accelerate land transfer and increase farmers' income;
10. Through the pilot introduction of the county's land transfer guidance management measures, promote the smooth and orderly development of the rural land management rights transfer work.
Investigation Report on the Propaganda and Implementation of the Rural Land Contract Law by the Agricultural Bureau of Yunyang County on August 30, 2003

Www.cqagri.gov.cn [2003-09-24] ·Source: Yunyang County Agriculture Bureau

Land is the most basic means of production for agriculture and the most reliable social security for farmers. In order to protect farmers' land contractual rights and the consolidation and improvement of rural basic management system in accordance with the law, strengthen rural land management, guide rural land in a rational and orderly circulation, increase farmers' income, promote rural surplus labor transfer, and promote rural industrialization development and towns. Construction. To lay the foundation for the implementation of the Law of the People's Republic of China on Rural Land Contracting, and provide detailed information, we have two rounds of contracting, land transfer and land management for rural land in Renhe Longcun Village, Mugu Village, Panshi Town Yong'an Village and Shilou Village. We conducted a survey. The investigation report is as follows:
I. Basic information This survey investigated 4 villages, 36 agricultural cooperatives, 1847 households, and 6,382 agricultural population. The contracted area was 5451.1 mu, including: 2419.2 mu of land, 2127.9 mu of land, and 904 mu of mountain and other areas.
Land contracting “three to the household” situation Land contracting “three to the household” refers to the implementation of the contracted land plot to the household, the contractual contract signed to the household, and the land management right certificate issued to the household. the survey suggests:
1. There are 1,411 households in the “three to households” of land contracting, accounting for 76.3% of the total number of households surveyed; 4,395 mu of cultivated land, accounting for 73.4% of the total cultivated land area, of which: 487 households with “three households” are inconsistent, accounting for 34.5% of the well-developed households, 1406 acres of arable land, accounting for 32% of the area of ​​cultivated land. Mainly people and Zhenmu Ancient Village, although the contract of contract and the land management right certificate are issued to the household, some villagers believe that there is a difference between the cultivated land area on the contract and the certificate and the actual cultivated land area.
2. There were 436 households with land and households, contracts and certificates not available, accounting for 23.7% of the total number of households surveyed, and 702.1 mu of cultivated land, accounting for 26.6% of the total cultivated area. The main contract for the second-round contract and land contractual management rights of Yongan Village in Panshi Town has not yet been distributed to farmers.
The land transfer situation is reflected in the survey of 36 communities in 4 villages. There are 398 land transfer cases, accounting for 21.5% of the total number of surveyed households. The number of people transferred is 1,391, accounting for 23.3% of the total contracted population, and the area of ​​cultivated land is 503.5. Mu, accounting for 11.07% of the total cultivated area, including 402.3 acres of land and 101.2 acres of land. They are classified into the following three forms, as follows:
1. There are 171 households divided by land transfer, accounting for 43% of the surveyed transfer households. The number of transferred land is 599, and the transferable cultivated land area is 270.5 mu, accounting for 53.8% of the surveyed transfer area, of which: 169.3 mu of transferable land. 101.2 acres. It mainly involves Yongan Village and Shilou Village in Panshi Town, and the farmland is transferred to others for cultivation.
There are 227 land leases, accounting for 57% of the surveyed transfer households, 198 people renting land, and 233 mu of leased farmland, accounting for 46.2% of the surveyed area, including 233 acres of leased land. It mainly involves people and towns such as Longlong Village and Mugu Village. The cultivated land was rented by the Yangtze River Forest Farm as a nursery base.
2. According to the economic compensation method, there are 228 households with paid transfer, accounting for 57.3% of the survey transfer households, the number of transfer people is 802, and the area of ​​cultivated land is 237 mu, accounting for 45.1% of the surveyed transfer area, of which: 235 mu of land, land 2 mu. If the 233 mu of cultivated land in Renhe Township and Mugu Village is leased by the Yangtze River Forest Farm as a nursery base, the lease fee is 1,000 kilograms of rice per annum, which is calculated at the market price of the year.
There are 170 households with free circulation, accounting for 42.7% of the surveyed households, 595 people, and 266.5 acres of arable land, accounting for 52.9% of the land transfer area, including 167.3 acres of land and 99.2 acres of land. The land is cultivated to others without compensation, and the original contractor bears the annual tax.
3. According to the form of transfer contract, there are 227 households signed by written contracts, accounting for 57% of the survey transfer households, 798 people transferred, and 233 mu of cultivated land, accounting for 46.2% of the surveyed transfer area, including: 233 acres.
There are 171 households transferred according to the oral contract, accounting for 43% of the total number of surveyed households, 599 people, and 270.5 acres of arable land, accounting for 53.8% of the surveyed area, including 169.3 acres and 101.2 acres.
Land management According to the survey of 36 villages in 4 villages, there are 1386 households with good land management, accounting for 75% of the total number of surveyed households, 4,604 contracted land, and 3938.2 mu of cultivated land with good management, accounting for the surveyed land. 86.6% of the area, including: 2092.7 acres of land, 1845.5 acres of land. Among the 398 households with land transfer and 503.5 mu of cultivated land, there are currently 397 households with a good operating situation, accounting for 99.7% of the transfer households and 489.5 mu of cultivated land, accounting for 97.2% of the converted cultivated land, including 332.2 mu of land and 167.3 mu of land. Ru Ren and Zhenqi Long Village, after leasing 160 acres of arable land to the Yangtze River Forest Farm, increased investment in cultivated land, expanded the scale, and achieved a win-win situation for forest farms and farmers. There are 461 households that deal with the field, half of the wasteland, and all the wasteland, accounting for 25% of the total number of surveyed households. The number of contracted land is 1,347, involving 608.9 acres of cultivated land, accounting for 13.4% of the surveyed land area, of which 325.7 Mu, 283.2 acres of land.
1. The case of "handling the field" We will re-plant the extensive management of the light pipe phenomenon, called the species "handling the field." Among the surveyed farmers, there were 269 households with 790 people, accounting for 14.5% of the total number of households surveyed, covering an area of ​​509.5 mu, accounting for 11.2% of the surveyed area, including: 320.7 mu of land and 188.8 mu of land. The main reasons for the analysis of the species that "produce the field" are:
Because there are 248 households that think that crops are not cost-effective and low-efficiency, they account for 92.2% of the fields, 448.7 acres of land, accounting for 88% of the fields, including 280.2 acres and 168.5 acres.
There are 21 households that are neglected to manage because of migrant workers or local workers, accounting for 7.8% of the fields, 60.8 acres of land, accounting for 12% of the fields, including 40.5 acres of land and 20.3 acres of land.
2. Semi-abandonment of land The land is semi-lost and involves 190 households with 548 persons, accounting for 10.2% of the total number of surveyed households. The area of ​​semi-landless land is 92.2 mu, accounting for 2% of the surveyed area, mainly involving the stone building of Panshi Town. Villages, people and towns are riding dragon villages. The land that has been abandoned is all dry land. The land is half-lost, because some of the poor ridges, low-yield, and remote sloping farmland of the farmers have low input and low output, so only the spring crops are planted for one season.
3. The land is completely lost. The total land loss is 2 households, 9 people, accounting for 0.1% of the total number of surveyed households. The total land area is 7.2 mu, accounting for 0.15% of the total survey area, including: 5 mu of land. 2.2 acres. The main reason for the total land loss is that the farmer’s family is working outside the country or doing business. The contracted land is uncultivated, and the farmers are reluctant to lose the land, and no one can subcontract the land, causing the land to be completely ridiculous.
Second, the main problems of the problem of land contracting "three to the household"
1. The contracting procedures are not perfect, so that the rights of farmers to contract land are not guaranteed by law. During the second round of land contracting, some village cadres were not aware of the problem, and they were afraid of troubles and other reasons. As a result, the second-round contract and land management rights certificates were still piled up in townships or village committees, and they were not distributed to farmers. The implementation of the Rural Land Contract Law. For example, Yongan Village of Panshi Town, because the second round of land contract involves foreign migrants, the land management right certificate has not been issued to the farmers.
2. There is a difference between the land management right certificate and the actual contracted land area of ​​the farmer. After the contractor has contracted, the village public welfare undertakings such as the newly-built villages, group-level roads or newly-built farmland water conservancy facilities have destroyed part of the contracted cultivated land, resulting in the fact that the actual contracted land area of ​​the farmer is inconsistent with the area on the land management right certificate.
Problems in land transfer The rural land transfer effect is better, which not only improves the utilization of land resources, promotes the process of rural land scale, but also plays a positive role in promoting the growth of farmers' income and promoting the transfer of rural labor. However, in the process of land transfer, there are also some problems that cannot be ignored.
1. Rural land transfer operation is not standardized Rural land transfer methods are various, including transfer, lease, subcontracting and other forms. At present, these methods are not operated in accordance with the norm of land transfer, nor are the rural land contract management agencies supervised As a result, the land transfer operation is not standardized and unmanned.
2. The rural land transfer contract does not regulate the rural land transfer contract. There are various methods, such as written, oral, and even nothing. Even if the transfer contract is signed, the contract is not standardized, and the subject matter of the contract is not clear enough. Not strong, easy to cause unnecessary contract disputes.
3. There are many factors affecting rural land transfer: the inherent “land of love” complex of farmers is difficult to eliminate. Some farmers have long been doing business in foreign countries, preferring to send people to farm, abandon or plant fields, and they are not willing to transfer land to others. They think that land is their own life, fearing that they will lose their jobs after the transfer; a few farmers He has found his own way of earning a living in the non-agricultural industry. He is reluctant to contract the land, cannot transfer it, and returns the collective due to tax and fee reasons and the land is too scattered, and the group is unwilling to accept it.
4. Non-standard circulation is easy to cause contractual contract disputes. At present, there are two main situations: the contractor has long gone out to work, and the land is subcontracted to the farmers outside the village to cultivate, which causes the village farmers to be dissatisfied, resulting in a transfer contract dispute; some farmers move outside the house to settle in the city, and the house After being sold to farmers outside the township, the purchaser will be allowed to cultivate the land of the farmer. The purchaser moved the household registration to the village group through incomplete formal channels, causing the opinions of the local farmers. The farmer accounted for the cultivated land resources of the village group, and the community of the community waiting for the contracted land was lost. At the same time, it is considered that the land transferred by this whole household is more than the actual land area, and it is convenient to move into the farmers, and there are hidden dangers of disputes.
Problems in land management
1. Land management lacks novelty, and traditional agricultural concepts are still common.
Since the implementation of the adjustment of rural industrial structure in our county, some large-scale breeding enterprises have emerged through land transfer, such as the nursery field of Renhe Town, the greenhouse vegetables in Shuikou Township, the early-maturing Taoyuan in Lotus Township, etc., forming a dominant industry and characteristic industry. The land management efficiency is good. However, the adjustment of most rural agricultural structures is not obvious. Traditional agriculture still occupies a dominant position. It lacks enthusiasm for the land it manages. Farmers' dependence on land declines. Land investment is less and predatory management is more common.
2. Land management lacks scientific and technological means and has not concentrated on farming.
Most of the young and middle-aged rural people go out to work, and the land is planted by women, the elderly, and children at home. Due to the lack of labor and the lack of scientific knowledge of farming, the land is extensively operated, and the rural information is not working well. The arbitrariness and blindness lead to the difficulty in selling agricultural products, and also damage the enthusiasm of farmers to manage land.
Problems in the management of contractual contracts
1. The township rural land contractual contract management institution is in name for forgetting. Since the township agricultural economics station is merged into the agricultural service center, the township agricultural economics function is weakened. The township party committee government has not implemented the work funds and assigned special personnel to be responsible for the management of rural land contractual contracts. And lack of guidance on land transfer.
2. There is no rural land contractual arbitration institution in the county, and there is a lack of means for solving land contractual disputes.
3. The county lacks a standardized land transfer contract text style, and irregular contracts are likely to cause injury-related incidents and contract disputes due to inconsistent terms.
Third, it is recommended to strengthen the publicity and implementation of the Rural Land Contract Law.
The Rural Land Contracting Law is an important law governing the work of agriculture, rural areas and peasants in the new era. It is an important task of current agricultural and rural work to study and implement this law. All localities must further their efforts in combination with reality. Stabilize the basic policies of the rural areas, stabilize and improve the two-tier management system based on household contract management and unified integration, and protect and develop the fundamental interests of farmers.
Establish and improve the guidance institutions for rural land contractual contract management and land transfer management.
Townships and towns should establish and improve the contracting management committee and land transfer management guidance organization as soon as possible, with special personnel, responsible for the verification of the contractual contract of the township, the supervision and implementation of the Rural Land Contract Law and the mediation of rural land disputes. At the same time, the contractual contract management agency should establish a contract management system, standardize the contract text, review the contents of the forensic contract, and properly keep various contract files and mediation agreements.
Improve the second round of contracting work as soon as possible.
In the second round of land contracting work, most townships and towns have already completed this work as required. However, for a variety of reasons, there are still cases of not signing land contract and not issuing land contract management certificates. Therefore, these towns and towns This work should be completed as soon as possible to effectively protect the legitimate rights and interests of farmers.
The transfer of land use rights must adhere to the principle of “legal, voluntary, and paid”.
Under the premise of insisting on ensuring ownership, stabilizing contracting rights, and invigorating the right to use, the land use right must strictly adhere to the principle of “legal, voluntary, and paid”, strictly control the policy boundaries, and must not let it go. The township government should strengthen guidance and must not use it. Excellent administrative intervention, forced circulation, and effective maintenance of the principle of efficiency and fairness, ensuring the standardization and orderly implementation of land use rights, and safeguarding farmers' land rights and interests.
Establish and improve the land transfer declaration, registration, and certification system.
When transferring land, the transferee and the transferor shall submit a written application to the village committee. After the village committee or the villager's congress decides to study, it shall report to the township contract contract management agency for registration. The village committee shall supervise and guide the two parties to sign the land transfer contract and report to the township agricultural contract management department. The land transfer contract shall be in a uniform format. If a contract dispute occurs, the village committee and the contractual contract management agency shall promptly mediate.
Establish a land transfer risk gold system.
After the land transfer contract is signed, the owner shall pay a certain amount of risk deposit every year to prevent the owner from failing to perform due to operational difficulties and other reasons. If there is no dispute at the expiration of the contract, the risk deposit will be refunded.
Establish a county-level rural land contractual arbitration institution.
Relying on the county rural management institutions to establish county rural land contractual arbitration institutions, mediation and arbitration of rural land contractual contract disputes.
Actively encourage the circulation of rural land contracting contracts and promote the development of rural industrialization.
Rural land contractual contract management agencies at all levels should actively encourage diversified circulation forms, actively guide diversified circulation entities to participate, and strive to explore county, township and village to establish land contractual management rights transfer intermediary agencies and land trust service centers to accelerate land transfer. Promote the development of rural industrialization, promote the transfer of rural surplus labor, and increase farmers' income.
In order to effectively carry out the propaganda and implementation of the "Rural Land Contract Law" of the county, actively explore ways and methods to strengthen rural land contract management and promote the orderly transfer of rural land contractual management rights, and suggest that the county should engage in the management of land contractual contracts in a township. Pilot of land transfer management. The pilot content includes:
1. Strengthen the publicity of the "Rural Land Contract Law" to make it a household name;
2. Establish and improve the township agricultural contract management committee;
3. Establish a township rural land management rights transfer guidance office;
4. Improve the second-round contracting archives of the land;
5. Standardize the procedures and procedures for the transfer of land management rights;
6. Unified land transfer contract text;
7. Explore ways to guide farmers to do a good job of land transfer and promote the transfer of rural labor;
8. Explore ways to strengthen land transfer, realize land scale and intensive management, and promote the development of agricultural industrialization;
9. Explore the establishment of land transfer intermediary agencies and land trust service centers to accelerate land transfer and increase farmers' income;
10. Through the pilot introduction of the county's land transfer guidance management measures, promote the smooth and orderly development of the rural land management rights transfer work.
August 30, 2003