What effective measures should be taken to regulate land circulation?

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Strengthening management is an important means to regulate land circulation. It is necessary to gradually establish a rational and orderly land circulation mechanism through standardized management. What effective measures should be taken to regulate land circulation?

1. Guidance and service should be standardized. Strengthening guidance and doing a good job in providing services is an important measure to promote the standardized circulation of land. First of all, we should do a good job in publicizing policies and regulations.

Secondly, strengthen the work of pre-circulation guidance, post-circulation service, and management during circulation. The subjective department shall provide guidance on the circulation procedures, contract signing, circulation methods, and related fees to both parties, and assist both parties in successfully completing the land circulation; After the circulation, it is necessary to keep up with various services, organize the signing of contracts in a timely manner, guide the verification, and fill in the relevant forms and certificates; During the period, it is necessary to pay attention to management, regularly understand the performance of the contract, solve problems in a timely manner, increase the mediation and arbitration of contract disputes, and protect the legitimate rights and interests of both parties.

2. The circulation procedure should be standardized. The land transfer procedure is generally for both parties to submit an application to the villagers' committee, and after the consent of the contract issuing party, the two parties to the land transfer can enter into a land transfer contract. If the guarantee is transferred, the property guarantee or pledge shall be provided, and the guarantee contract shall be signed; For construction projects such as investment promotion and other construction projects that need to change the use of land after circulation, it shall be approved by the county-level land management department before circulation.

For those that have not been circulated in accordance with the procedures, the management departments should do a good job in the investigation and statistical work, and assist them in completing the formalities to reduce the hidden dangers of disputes.

3. The circulation contract should be standardized. Strengthening the management of road transfer contracts is an important means to regulate land circulation, and it is as important as other agricultural contracts for circulation contracts. It should be scientifically numbered, classified, and archived, and included in the unified management of the township and town departments.

On the basis of unifying the contract style, we should concentrate time on the work of re-signing, classifying, and sorting out the files of the land circulation contract, so that the management of the land circulation contract will be greatly improved in a relatively short period of time, and the contract management will be standardized as soon as possible.

4. The management method should be standardized. The establishment of scientific and perfect management methods is conducive to promoting and standardizing land circulation. First, village-level collective economic organizations should improve the ledger of land circulation, and promptly register the names, geographical locations, grades, circulation times, compensation methods, and compensation amounts of both parties to the circulation, so as to grasp the true situation.

Second, it is necessary for the relevant laws and regulations of the state to improve the rules and regulations for the management of land circulation, standardize land circulation behavior with systems, and put an end to illegal circulation. Third, it is necessary to pay attention to cultivating the land property rights market, and on the basis of stabilizing land ownership, guide the marketization of land contracting rights and management and use rights, and truly establish a land circulation management mechanism with market guidance, system guidance, and service supervision.

Articles 33 to 35 of China's Rural Land Contract Law stipulate that China allows the legal circulation of land contracting and management rights, and the circulation methods mainly include subcontracting, leasing, swapping, and transferring. The main body of the circulation of land contracting and management rights is the contracting party, which has the right to independently decide whether and how to transfer land contracting and management rights in accordance with law.

However, certain principles must be followed in the circulation of land contract management rights, mainly including the following five principles:

1) Consultation on an equal footing, voluntary, and paid, and no organization or individual may compel or obstruct the contracting party to carry out the circulation of land contracting and management rights;

2) shall not change the nature of land ownership and the agricultural use of the land; Rush.

3) The term of circulation shall not exceed the remaining period of the contract period; (4) The transferee must have the ability to operate in agriculture;

5) Under the same conditions, the members of the collective economic organization enjoy priority.

Therefore, the contracting party enjoys the right to contract and manage land in accordance with the law, and it can transfer the right to contract and manage land in a reasonable manner within the scope of the legal regulations, but it must also follow the principles prescribed by law when transferring land, so as to promote the legal and effective circulation and management of land.

Legal Analysis:1Consultation on an equal footing is voluntary and compensatory, and no organization or individual may force or hinder the contracting party to carry out the transfer of land contracting and management rights2

The nature of the ownership of the land and the agricultural use of the land shall not be changed. 3.The term of circulation shall not exceed the remaining term of the contract period.

4.The transferee must have the ability to operate in agriculture. 5.

Under the same conditions, the members of the collective economic organization enjoy priority.

Legal basis: Administrative Measures for the Circulation of Rural Land Management Rights

Article 2: The circulation of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contract management by rural households, maintain the stability and long-term stability of rural land contracting relations, and follow the principles of lawfulness, voluntariness, and compensation, and must not be coerced or obstructed by any organization or individual from transferring land management rights.

Article 3 The circulation of land management rights shall not harm the lawful rights and interests of rural collective economic organizations and stakeholders, shall not damage the comprehensive agricultural production capacity and the agricultural ecological environment, shall not change the nature of ownership of the contracted land and its agricultural use, shall ensure that farmland is used for agricultural purposes and shall be given priority to grain production, and shall stop the "non-agricultural" conversion of cultivated land and prevent the "non-grain conversion" of cultivated land.

Article 4 The circulation of land management rights shall be adapted to local conditions, step by step, and grasp the degree of circulation, concentration, and scale of operation, and the scale of circulation shall be compatible with the urbanization process and the scale of rural labor transfer, and the progress of agricultural science and technology and the improvement of production means, and the improvement of agricultural socialized services, and encourage the establishment of various forms of risk prevention and guarantee mechanisms for the circulation of land management rights.

Legal Analysis:1Consultation on an equal footing is voluntary and compensatory, and no organization or individual may force or hinder the contracting party to carry out the transfer of land contracting and management rights2

The nature of the ownership of the land and the agricultural use of the land shall not be changed. 3.The term of circulation shall not exceed the remaining term of the contract period.

4.The transferee must have the ability to operate in agriculture. 5.

Under the same conditions, the members of the collective economic organization enjoy priority.

Legal basis: Administrative Measures for the Circulation of Rural Land Management Rights

Article 2: The circulation of land management rights shall adhere to the basic system of collective ownership of rural land by farmers and contract management by rural households, maintain the stability and long-term stability of rural land contracting relations, and follow the principles of lawfulness, voluntariness, and compensation, and must not be coerced or obstructed by any organization or individual from transferring land management rights.

Article 3 The circulation of land management rights shall not harm the lawful rights and interests of rural collective economic organizations and stakeholders, shall not damage the comprehensive agricultural production capacity and the agricultural ecological environment, shall not change the nature of ownership of the contracted land and its agricultural use, shall ensure that farmland is used for agricultural purposes and shall be given priority to grain production, and shall stop the "non-agricultural" conversion of cultivated land and prevent the "non-grain conversion" of cultivated land.

Article 4 The circulation of land management rights shall be adapted to local conditions, step by step, and grasp the degree of circulation, concentration, and scale of operation, and the scale of circulation shall be compatible with the urbanization process and the scale of rural labor transfer, and the progress of agricultural science and technology and the improvement of production means, and the improvement of agricultural socialized services, and encourage the establishment of various forms of risk prevention and guarantee mechanisms for the circulation of land management rights.

The principle that should be followed in the circulation of land management rights is as follows: The circulation of rural land contract management rights should follow the principles of equal consultation, according to law, voluntariness, and compensation on the basis of adhering to the system of rural household contract management and stabilizing the rural land contract relationship.

[Legal basis].Article 38 of the Rural Land Contract Law.

The following principles shall be followed in the circulation of land operation rights:

A) in accordance with the law, voluntary, paid, no organization or individual may force or obstruct the circulation of land management rights;

2) The nature of land ownership and the agricultural use of land shall not be changed, and the comprehensive agricultural production capacity and agricultural ecological environment shall not be destroyed;

3) The circulation period shall not exceed the remaining period of the contract period;

4) The transferee must have the ability or qualification to operate in agriculture;

5) Under the same conditions, the members of the collective economic organization enjoy priority.

1. What are the main forms of rational circulation of land use rights?

1. The forms of reasonable circulation of land use rights mainly include:

1) Subcontracting, which shall be filed with the employer but not necessarily with the consent of the employer;

2) Leasing, leasing only needs to be filed by the employer;

3) Swapping, in which the contracting parties may exchange land contracting and management rights belonging to the same collective economic organization for the convenience of cultivation or their own needs;

4) Shareholding, China's current law only regards shareholding as one of the statutory circulation methods of the contracting and management rights of the four wastes land, and does not give this legal status to the land contracting and management rights contracted by families;

5) Transfer, the transferee of the right to contract and operate land can be a member of the collective economic organization;

6) Mortgage. 2. Legal basis: Article 12 of the Land Management Law of the People's Republic of China.

The registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual in difficulty.

2. What are the precautions for signing a contract for the circulation of rural land use rights?

The precautions for signing a contract for the transfer of rural land use rights are as follows:

1. The contracting party shall sign a written circulation contract with the transferee on the basis of consensus on the basis of consensus for the transfer of rural land contracting and management rights;

2. The contract for the circulation of rural land contracting and management rights shall be made in quadruplicate, with one copy for each party on the circulation, and one copy for the record of the contract issuing party and the rural land contracting management department of the township people;

3. If the contractor hands over the land to others for cultivation for no more than one year, it may not sign a written contract;

4. Where the contracting party entrusts the contract-issuing party or intermediary service organization to transfer its contracted land, the circulation contract shall be signed by the contracting party or the person entrusted by the contractor in writing;

5. The parties to the transfer of rural land contracting and management rights may apply to the township people's ** rural land contracting management department for contract verification, but the township people's ** rural land contracting management department shall not force the parties to the transfer of land contracting and management rights to accept the verification.