Investigation report on the auction of Yilindi in our province

Recently, we conducted an investigation into the auction of the resources of the province's Yilin land in the relevant cities and counties, basically found out the current situation of the auction of Yilin land resources in our province, and found some crux problems that restrict the development and utilization of Yilin land, and combined these problems. Put forward our preliminary comments.

I. Current status of auction and governance of Yilindi in our province

Yilindi mainly refers to barren hills, wasteland and barren beach suitable for afforestation. Yilindi auction refers to the behavior of Yilindi owners transferring all their right to use forest land to others in the form of auction and obtaining a certain transfer fee. A new form of contract management. Separating the right to use and ownership of land resources through the auction of Yilin Land can fully mobilize the enthusiasm of the peasant people and all sectors of society to develop and manage the resources of the forest.

As early as in the 1980s, since the “three-set” forestry, the responsibility of the people contracted for the long-term has not been solved. In some places, the collective Yilin barren hills, wasteland and barren beaches are contracted or distributed freely to the peasants for development and treatment. However, due to the fear of policy changes, the development and governance of the people has not been effective. Since the 1990s, the province has borrowed the previous experience and lessons, and used the auction “Three Wastes” as an important measure to expand the forest resources of our province and promote the development of forestry, and issued a series of archives. In 1990, the provincial government’s “Decision on Mobilizing the Provincial Social Forces to Accelerate the Development of Forestry” stipulates that the young and middle-aged forests built on barren hills, barren beaches and wasteland after the “three-set” forestry can be based on clear ownership. Living standing timber is the carrier, and the paid transfer of forestry labor, management, science and technology, and capital investment is carried out, or “selling and selling Qingshan”. In 1994, the Provincial Forestry Department issued the "Opinions on Further Improving the Auction of the "Three Wastes" of Yilin", the scope of the "three shortages" of Yilin in our province, the auction procedure, the determination of the auction price, the auction period and the maintenance of forestry. Issues such as policy continuity and stability have been regulated. Various local governments have also issued a number of preferential policies and measures for auctioning “three shortages”. The province has experienced the climax of Yilindi auction management. So far, the province has auctioned 5.2 million mu of barren hills, barren hills, barren beaches and wasteland, with a total of 78,533 households, and 366 enterprises, institutions and organizations have purchased Yilin land. 60% have received initial governance development.

To sum up the forms of auctions in Yilindi, there are mainly the following:

1. Single-user open competition auction. For Yilindi, which has convenient transportation, good site conditions and less difficulty in governance, if single-family has the ability to manage, it will use single-user open competition bidding and auction.

2. Joint purchase, share development. Large area of ​​Yilin land, distribution

Relatively concentrated, one household is difficult to manage, and the peasant people purchase through joint households, share development, and dividends by share. The method of shareholding includes: capital stock participation, technology shareholding, investment and shareholding, land share and other forms. The shareholders who share shares include farmers, self-employed individuals, social organizations, enterprises and institutions, and government agencies.

3, equally divided into households, auction management. In some areas, in order to avoid the occurrence of “red-eye disease” after the effect of governance, Yilindi will be reasonably matched according to the site conditions, and the households will be divided into households on average, and each household will pay the land use fee or share by income. This method is common in the Weishan County's Weishan turn control. Because of the economic benefits of planting chestnuts and other economic forests around the mountain, this method is more popular.

4, change the package to sell. In order to maintain the contractual relationship formed before, maintain the continuity of policies, and further strengthen the responsibilities and obligations of the contracting parties, the contractual contract will be revised and the price will be reasonably priced and sold to the original contractor at one time. For those who fail to be supervised or have poor governance after contracting, they shall be collectively recovered, unifiedly priced, and auctioned openly.

5. Cross-industry auctions for social cross-regional. So far, 366 enterprises, institutions and social organizations in the province have purchased Yilin land. At present, the main factors involved in the purchase of Yilin land across industries are: urban laid-off workers, urban individual industrial and commercial households, government cadres, and employees of enterprises and institutions. The main groups are: factories and mines, government agencies, hotels and restaurants, etc. The purpose of their purchase is mainly as the production and development base or leisure tourism and holiday base of the unit. The investment is over 2 million yuan.

At present, the development projects in rural Yilindi are mainly to develop forestry and fruit industry, aquaculture, tourism, and establish industrial raw material bases.

Second, the main practices and problems in the auction of Yilindi in our province

Main practice

Summarize the auction work of Yilindi in our province. The main methods are:

1. Strengthen organizational leadership to actively and steadily advance

After the propaganda and launch in recent years, all localities have paid more attention to the auction work of Yilin, and most of the district put this work on the agenda. In the counties surveyed, the county party committee and county government of most counties have set up a leading group of Yilindi auctions, which are led by the county's main leaders, forestry, water conservancy, land and other relevant departments. The relevant villages have established auction organizations and carefully organized auction work. Quzhou County has established a leading group consisting of the deputy secretary of the deputy secretary, the deputy head of the deputy magistrate, and the main leaders of the Ministry of Agriculture, Land, Forestry, and Development. Various townships and villages have also established corresponding organizations, specifically responsible for the organization of forest land use rights auction work.

2. Standardize the auction program to ensure fair disclosure

During the auction of the right to use land in Yilin, the following areas have been focused on: First, the auction plan was formulated. Conduct a survey of Yilindi before the auction and plan in a unified manner. Formulate an auction plan, submit it to the representatives of the public, and report it to the relevant departments of the township and county for review. The second is to reasonably determine the bottom of the Yilin landmark and openly compete for the auction. The village cadres and representatives of the people participated in the composition assessment team. According to the different types and site conditions of Yilindi, the bidding base was reasonably determined, and the list was announced and open competition bidding. The third is to sign a contract and conduct notarization. The general practice includes: uniform production of contract samples, standardization of contract content, including four to boundaries, contracting period, governance standards and time, rights and obligations of both parties, liability for breach of contract, etc. After the contract is signed, the judicial notarization shall be conducted and reported to the relevant department for the record. The land and forestry departments must ensure the issuance of certificates in a timely manner. The fourth is to do a good job in auction management. The management of auction funds in Yilindi in most areas is relatively standardized. The main practice is that villages have township management or village-owned village management. The auction funds are mainly used for the management of Yilin land and the improvement of social public welfare undertakings in rural areas. Some counties will incorporate the Yilindi auction gold into the village-owned township management category, which can be used well.

3. Reasonably determine the scope, area, duration and price of Yilindi auction

According to the actual situation, the areas of Yilin land are strictly defined. The suitable forest land mainly includes: barren hills, wasteland and barren beaches. In some areas, there are also provisions for restricting the auction of suitable forest land; the auction period of Yilindi varies according to the conditions of the site, and the Yilin land with better site conditions is like the turnaround of the west, the roads and canals of the plain. The auction period of wasteland is less than 30 years, the auction period of the land conditions is generally 30--50 years, and the remote mountainous areas with poor site conditions are generally determined to be 50-70 years; the auction area is based on the stock of local Yilin land resources and purchasers. The governance capacity, the distribution characteristics of the Yilin land and the wishes of the villagers are determined by the village committee research, generally controlled at 10-100 mu, and the large households purchasing more than 1000 mu are mainly distributed in Chengde City. Regarding the determination of the auction price, the village committee generally organizes relevant personnel to determine the reserve price according to the site condition level and traffic conditions of Yilindi. At present, most of the areas have not yet established a forest resource assessment agency. Relatively speaking, the practice of Qianxi County is relatively standardized. For the general Yilindi, the village collective organizes relevant personnel to conduct on-the-spot investigations, and determine the price according to the difficulty of management, the species suitable for planting, the expected benefits and the degree of public recognition; The village is entrusted by the village committee to the collective assets appraisal office of the county agricultural economic department, and the assets are evaluated according to the area, the number of plants, the tree potential and the benefits. The auction of “Three Wastes” and Weishan will be required to pay the auction price once and pay the resource usage fee of no less than 50 yuan per mu per year. All of them are enrolled in the surrounding area of ​​the household. They pay the resource usage fee of 50-80 yuan per mu per year. If they compete for contracting, they will pay the contracting fee year by year.

4. Continuously improve the Yilin land auction policy

In order to promote the development and management of Yilin land, localities actively explored in practice and introduced many practical policies and measures, such as the yards, Yuping, Quzhou, Yutian, Tangxian, Qianxi, Yuanshi, Zanhuang and other counties. Policy opinions on accelerating the development and management of Yilin barren hills and wasteland were issued. To sum up, there are the following aspects: Allowing Yilindi purchasers to have certain operational autonomy in accordance with the law, allowing inheritance, transfer, lease, and mortgage; extending the use period of Yilindi auction, extending from the original 30 years to 50 years, the longest It is 70--1XX years. Buying Yilin land can be paid in installments;

Within 3 to 5 years before the profit is generated after the auction, the land use fee or contract fee shall be waived; the agricultural and forestry special product tax, land management fee, cultivated land possession tax, and rural retention shall be appropriately reduced or expropated according to law. Yilindi auction gold is mainly used for the construction of basic or supporting facilities for the development of Yilin land, such as road construction, water diversion and power distribution in Yilindi Development Zone. Various types of forestry project investment, small watershed management or economic ditch construction subsidies can be directly invested in Yilin land purchasers. Adhere to who buys, who governs, and who benefits; encourage laid-off workers to develop and manage suitable forest land.

Problem

There are also some problems that cannot be ignored in the auction of Yilindi in our province.

First, the progress in the development and governance of Yilin land is uneven. At present, there are still 30 million mu of suitable forest land in the province, mainly distributed in mountainous areas. Although our province has achieved gratifying results in auctioning Yilin land and promoting development and management, most areas have not broken through in the governance of Yilin land. In particular, in some mountainous counties, large areas of forest land have not been developed and managed for a long time, and it is difficult to get rid of The situation of poverty and backwardness.

Second, the auction behavior is not standardized. In some places, there is a phenomenon of auction of power, and the auction lacks transparency. In some places, there is no overall plan for auctioning Yilindi. There is no unified plan and long-term plan. The auction procedures and procedures are not perfect. Some auctions do not sign auction contracts. Some have Contract, but the contract is very imperfect.

Third, the price assessment of Yilin land resources is unscientific and the assessment results are not legal. The low price of Yilindi auctions is widespread, and some are only 1 yuan per mu. In some areas, the auction contract is unreasonable, resulting in the loss of collective assets, resulting in new distribution unfairness; in some places, the management of auction funds is not good, funds cannot be recovered in time, or management is chaotic after recovery, and accounting and auditing supervision mechanisms have not been established; some village cadres will Yilindi auction is a shortcut to gaining wealth and making wealth.

Fourth, the social service system is still not perfect. People's governance is not suitable for technical guidance and services; the infrastructure for the development of Yilin land is not perfect; in the case of limited investment capacity of the people, timely financial support or loans are not available, which limits the progress of development and management of Yilin land; The sales of forest products have not been resolved, which has affected the capital turnover of development. In particular, the rational allocation of production factors such as capital, labor, resources, technology, and information. It is still one of the main problems that restrict the development of Yilin land.

Fifth, the land transfer mechanism after the development of Yilindi has not been established. After the farmers have invested a large amount of funds for governance, it is difficult to see the benefits in the short term, thus creating a new “economic crisis” for the administrators.

Sixth, in some places, in order to engage in formalities and disregard the wishes of the people, it is necessary to make a one-size-fits-all approach in Yilindi auctions, and distribute the Yilin land equally to farmers. It is difficult to achieve the expected effect of Yilindi governance; in some places, in order to seek short-term benefits, there are re-offering light governance. The problem.

3. Several suggestions for the auction work of Yilindi in our province

In order to solve the above problems well and promote the healthy development of the auction work in Yilin, our suggestion:

1. Update concepts and strengthen leadership

Practice has proved that through the auction of Yilindi and opening up the rural market, new economic growth points can be formed. From the survey situation, there is great potential for the development of Yilin land. In the Qianxi County, 45,000 farmers invested 18 million yuan, purchased the right to use 150,000 mu of barren hills and the surrounding mountain transfer project. Through the management of Yilin land, the chestnut production in the county increased from 7 million in 83 years to 96 years. 15 million kilograms, 417 villages in the county rely on the management of forests to achieve the development of forests and fruit, accounting for 53% of the county; Weichang County has already developed a million-dollar households that have relied on the development of Yilin land to get rid of poverty; thus, the auction of Yilindi It has important practical significance and far-reaching historical significance to increase the total demand for rural investment and consumption and ensure the realization of economic growth goals. Therefore, governments at all levels and competent authorities should update their mindsets, strengthen leadership and guidance, find ways from policies, find motivation from mechanisms, adapt to local conditions, and develop Yilin land as a breakthrough to revitalize the local economy, and earnestly grasp it.

2. Constantly improve the auction policy and establish a competitive incentive mechanism.

Reasonably determine the auction contract period. The main reason for the long-term lack of governance in Yilin is that the public is worried about policy changes. Reasonable determination of the auction period of Yilin land can eliminate public concerns, mobilize their enthusiasm, and encourage them to actively invest in manpower, material resources and financial resources, speed up the pace of governance, and form economic, ecological and social benefits as soon as possible.

The purchaser shall be given reasonable autonomy in accordance with the law, allowing him to operate independently within the scope of the contract and the law, allowing the inheritance and transfer of land use rights and governance results.

Within the scope permitted by law and policy, reasonable fees and deductions are waived. In particular, the policy of tax reduction and exemption is necessary before the economic benefits are realized in the early stage of the management of Yilindi. Because the current economic strength of the peasant people is still very weak, the initial taxation and fees that can be paid in the early stage of governance, and appropriate reductions and exemptions, can encourage buyers to concentrate on investing in the management of suitable forest land.

Relevant departments such as forestry, water conservancy, agriculture, and land can engage in direct investment and household investment policies for projects involving the management of suitable forest land. This will not only stimulate the enthusiasm of the people to manage the forest, but also speed up the progress of the project and improve the quality of the project.

Encourage laid-off workers and social forces to invest in the management of suitable forest land. Encourage farmers, urban workers, individual industrial and commercial households, enterprises and institutions, social groups and other social forces to invest in the development of suitable forest land. Under the premise of complying with national policies and relevant regulations and complying with relevant contracts or agreements, encourage them to invest in the development and management of forests and forests. The forestry department should actively provide technology and information services and actively assist in exploring the market. For Yilindi, which local farmers cannot develop, they can transfer resource management rights or use rights through bidding, leasing, auction, joint venture, and stock cooperation. Through the development of diversified investment channels, we will promote the flow of funds, technology, labor, information and production materials in all aspects of society to Yilin. The development of Yilin Land will form a diversified industrial system integrating environmental protection, cultural tourism and forest fruit product development. At the same time, governments at all levels should change their concepts, establish a sense of service, establish and improve a socialized service system for the development and management of forests, and actively establish social service networks such as technology, information, labor, and materials to promote various production factors and suitable forest resources. Form a reasonable configuration.

3. Strengthen auction management and standardize auction behavior

In view of the problems existing in the auction of Yilindi, all localities should be regulated in the following links in the auction management of Yilindi:

Strictly define the scope of the auction. All localities should strictly define the scope of the auction according to local conditions. The auction of Yilindi should be mastered: there is no sale of forest land; there is no dispute to sell; if it is operated according to regulations, it will not be sold when the contract period is dissatisfied, and it is strictly prohibited to use the name of auctioning forest land to destroy forest resources. And other land resources.

Reasonably determine the auction price. In order to bring the auction behavior into the standardized management, relevant local departments should set up a special Yilindi auction evaluation agency to reasonably determine the auction price and prevent the loss of collective assets. It is necessary to strictly manage the gold management. All localities should strengthen the inspection and supervision of the use and management of auction funds, establish a strict accounting audit system, and regularly check the use of auction funds.

Standardize the auction program. Before the auction of Yilindi, it is necessary to do a good job of propaganda and launching, so that the public is a household name. It is necessary to announce the auction object and the target list. After the auction, the auction contract must be signed and the contract should be judicially notarized.

Improve the auction contract. In order to avoid disputes in the future, all localities should formulate a contract in a uniform format and standardize the content of the contract. The rights and responsibilities of both parties should be fully clarified in the contract, especially the responsibility for breach of contract and the ruling after breach of contract. After the signing of the contract, all parties concerned shall sign and seal, and the relevant departments shall promptly file the case.

Reasonably determine the auction area, moderate scale, and voluntary development. All localities should reasonably determine the scale of development and management of contracted and purchased households according to the local total amount of suitable forest resources, farmers' governance requirements and economic endurance. It is necessary to ensure that the peasant people can mobilize the enthusiasm of the appropriate forest land, and protect the legitimate rights and interests of the collective and the farmers in the village. General mastery: For better economic conditions, such as single-family operation of dried fruit and other economic forests, the area of ​​development and treatment of each household should be 30--50 mu, and the self-employed households with joint-stock purchases or strong economic strength should For the development of forest land, 50-500 mu is suitable; if the conditions for the land are poor, for the development of shelterbelt or timber forest, 50-200 mu is suitable for single households; 200--XX mu is suitable for joint households or large groups and groups. .

Timely confirmation of the power to issue certificates. Relevant departments of forestry, land, etc. shall promptly confirm the right to issue certificates for the Yilin land that has been auctioned, and indicate the changes in the forest tenure certificate or the forest land use certificate in time.

4. Establish a land resource transfer mechanism to promote a virtuous circle of governance in Yilin. In order to bring the managed Yilin land resources into the market, we should establish a legal system or policy for land resource transfer that suits the characteristics of our province as soon as possible, the way of land transfer, the type and scope of land allowed to be transferred, the evaluation of land price, and land. The classification criteria for resources are specified.

5. Steadily advance according to local conditions.

All localities should promote the auction management of Yilindi according to local conditions and local conditions, and adhere to the principle of environmental protection in the way of governance; the principle of promoting farmers to get rid of poverty and revitalize the local economy; The principles of development and governance can be governed by post-acquisition, or they can be managed after auction. Local governments can choose local governance methods according to actual conditions. In view of the characteristics of large-scale investment in Yilindi and long-term governance, combined with the current weak economic strength of the peasant people, we believe that the business mode of joint-stock purchase of shares is very popular. In this way, the first is to enhance the buyer's investment governance ability, the second is to improve the ability to resist investment risks, the third is to improve the enthusiasm and responsibility of the purchaser to manage the development of suitable forest land, and the fourth is to facilitate the formation of economies of scale.

We must handle the relationship between reform and stability. At the same time of establishing a new mechanism, we must pay attention to maintaining the continuity and stability of the policy, and adhere to the contractual responsibility system for household production, and the appropriate forest land for the people to operate according to law or in accordance with the contract. Resources must be strictly enforced according to the contract. It is strictly forbidden to collectively forcibly recover the transfer, prevent across the board, and actively and steadily guide the peasants to change their business concepts, speed up the pace of governance, and get rid of poverty as soon as possible.

7. Correctly handle the relationship between development and protection

It is necessary to strengthen the law enforcement, supervision and guidance functions of the forestry authorities at all levels. Improve basic work, especially the construction of various rules and regulations. It is necessary to correctly handle the relationship between development and protection. While promoting development, we must do a good job in protecting forest resources, strictly prevent the use of the name of development, deforestation, and destroy forest resources. We must guide the people to follow the planning of the forestry department for governance development. The forestry department has the right to order it to change its business mode if it is obviously unsuitable for development or development, which is unreasonable and easily causes damage to resources and environment. It is strictly prohibited to deal with it in accordance with the relevant laws and regulations. Financial auditing departments at all levels should strengthen inspection and supervision to prevent the loss of funds for resource transfer. Seriously deal with the right to contract or to use power for personal gain.

8. Increase financial support and establish a compensation system for forest ecological benefits.

The government's investment in the development and management of suitable forest land will increase year by year; improve the investment and operation mode of Yilin land, and invest in various channels of the country in accordance with the principle of constant channel, bundled use, key support, and merits Increase funding support and improve the speed and effectiveness of governance. Appropriate financial subsidies will be given to peasant people who have difficulties in living due to a large amount of investment in the management of forest land.

Establish a forest ecological benefit compensation system and a public welfare forest state acquisition system. All localities should, in light of local conditions, establish a local forest ecological benefit compensation system based on the forest law. Appropriate economic compensation for the management of ecological public welfare forests for the management of suitable forest land by collecting certain forest ecological benefit compensation fees for downstream beneficiaries. For the public welfare forests formed by the governance and development of the Yilindi, the government may set up a special fund and adopt the acquisition method to collect the right to use the public welfare forests into the collective or the state and submit them to the forestry department for unified management.