Investigation Report on the Transfer of Rural Land Contract Management Right in Nanchuan City

Investigation Report on the Transfer of Rural Land Contract Management Right in Nanchuan City

With the implementation and implementation of the Rural Land Contract Law, the second round of land contracting relationship in rural areas has been continuously improved and the rural economic system has been continuously deepened. The employment channels of rural surplus labor have been continuously expanded. Farmers have gone out to work outside the city to work and even go out. The phenomenon continues to emerge, injecting new vitality into the diversified development of the rural economy in our city. The circulation of a large number of land contractual management rights has appeared in the city. According to statistics, the city has now carried out 14,233 plots of land and an area of ​​36,637 mu. Among them: 9407 land and area of ​​subcontracted, 2678 land, area mu, 916 land, area mu, 991 land, area acres, 27 shares, area acres, 214 other forms of circulation Land, area acres. In the rural land transfer in the city, there are only 1,195 land and area of ​​5,466 mu, which account for 8.4% and 14.92% of the contracted shares and area respectively; and 1,278 shares of non-standard circulation contract. The area is 2,545 mu, accounting for 8.98% and 6.95% of the contracted shares and area respectively; there are 11,760 places and 28,266 mu without transfer contract, accounting for 82.62% and 78.13% of the contracted shares and area respectively. . Due to the irregularity of the land transfer procedures and the imperfect content of the contract, the disputes over land transfer disputes have risen sharply. The main factors affecting the transfer contract disputes are caused by four aspects: First, insufficient attention is paid: some cadres think that the land contractual management rights The circulation is a private behavior between farmers. As long as the tax and fee tasks are completed before the tax and fee reform, they are not strictly managed in accordance with the requirements of the transfer of land contractual management rights. However, it turns out that unregulated and imperfect land transfer is a major hidden danger in future contracting disputes. Once a dispute arises, it will be difficult to resolve, causing multiple levels of petitions and even group petitions. Such a result will affect social stability. Second, the farmers who gave up the contracted land did not submit a written application: in the past few years, due to the heavy burden of various taxes and fees, when the farmers who went out of the house voluntarily gave up the land contractual management right, they only greeted the agricultural president, and some even played only. A telephone, without submitting a written application or authorization application for abandoning the land contractual management right, the agricultural community reclaimed the contracted land and re-issued it to other farmers. The farmer later said that the agricultural community forcibly recovered its contracted land and violated the party. The legal land contractual management right, the agricultural community can not produce favorable evidence, increasing the difficulty of handling such disputes. Third, there is no signing of a more standardized land transfer contract or even a written contract: the vast majority of the transfer between farmers does not sign a written contract or the content of the contract is not standardized, and some verbal agreements that only the parties know are considered to be relatives or relationships. Better neighbors do not need to sign a contract. It is difficult to obtain evidence when a dispute is resolved, which makes it more difficult to handle disputes. Fourth, the program does not meet the requirements: the land that the collective economic organization has issued in other ways is not in accordance with the provisions of Article 48 of the Rural Land Contract Law: “The contractor will contract the rural land to units or individuals outside the collective economic organization. It shall be handled in advance by the consent of more than two-thirds of the members of the collective economic organization or by more than two-thirds of the villagers’ representatives, and shall be reported to the township people’s government for approval. In the future, with the appreciation of the land or the benefits, the villagers They have called for the termination of the contract. Once they have been tried, they are invalid contracts, and they cannot be protected by law, so that the legitimate rights and interests of the parties cannot be protected.
This year, the Ministry of Agriculture issued the “Measures for the Administration of the Transfer of Rural Land Contractual Management Rights”, which was implemented from March 1, 2005. This method clearly stipulates the principle of circulation, the mode of circulation, the transfer contract and the transfer management department. The following suggestions are proposed for strengthening the management of the transfer of rural land contractual management rights:
First, effectively strengthen the publicity and implementation of the "Rural Land Contract Law" and "Measures for the Management of the Transfer of Rural Land Contracting Management Rights". Using various forms of publicity activities such as columns, radio and television, and conferences, cadres at all levels must fully understand the importance and necessity of strengthening the management of the transfer of land contractual management rights. The township should conduct a special training for the village cadres to make it work well in the process of transferring rural land contractual management rights, and strictly follow the procedures according to law, voluntariness and compensation. There is no place to purchase agricultural laws and regulations, so please be sure to buy them back in the near future.
2. In June and August this year, a comprehensive clean-up of the transfer of land contractual management rights in the areas under its jurisdiction was carried out. Improve and supplement the sorted issues.
1. The transfer of contracts or agreements between farmers or agreements or irregularities that are not perfect, shall be re-signed in accordance with the format of the unified rural land contractual management rights transfer contract. If the parties are not at home, the parties shall be Send a written "Power of Attorney" to entrust his relatives to sign. The period of the various transfer contracts signed shall not exceed the remaining time of the contractor’s contract period.
2. For farmers who voluntarily give up land contracting, they must improve the “application” for abandoning the contractual management right or sign an agreement with the collective economic organization. Otherwise, the agricultural community will not be allowed to contract its contracted land to others for contracting.
3. Lands such as cultivated land, barren hills, barren slopes and barren beaches that are packaged by means of bidding and auctions for collective economic organizations shall be carefully cleaned up and examined, and shall be carefully improved and supplemented in strict accordance with the requirements of Article 48 of the Law on Rural Land Contracting. Prevent the occurrence of contract disputes and effectively protect the legitimate interests of the parties to the land transfer.
3. The transfer procedure of land contractual management rights. After the contractor and the transferee have reached the transfer intention and transfer by subcontracting, leasing, exchange or other means, the contractor shall promptly report to the contractor; if the transfer is transferred, the applicant shall submit an application to the contractor in advance to obtain the consent. After that, both parties signed a written transfer contract. The circulation contract is in quadruplicate, and each party is transferred to each other, and the contractor and the rural land management department of the township people's government each file a record. The transfer party may apply to the rural land contract management department for contract verification. However, it is not allowed to be forcibly examined.
4. The rural land contract management department of each township people's government shall promptly provide the parties to the transfer intention with a transfer contract in a unified text format, and guide them to sign and record. In the process of guiding the signing of the transfer contract or the process of verifying the contract, it was found that both parties to the transfer had violated the laws and regulations and should be corrected in time.
V. Improve the archives of rural land circulation. The rural land contract management departments of all towns and villages shall timely register and record all kinds of transferred land, and timely record the corresponding information into the microcomputer, and submit it to the municipal land contract management department to implement the rural land transfer information management in the city to reduce and eliminate the cause. Various types of disputes caused by land transfer.
June 12, 2005