Land circulation policy, land circulation policy

The policy on land circulation is as follows: The circulation of rural land 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 maintaining the stability and long-term stability of rural land contract relations.

After contracting the land, the contracting party enjoys the right to contract and manage the rural land, and may operate it by itself, or may retain the land contracting right, transfer the land management right of the contracted land, and have it operated by others.

The circulation of rural land management rights shall not change the nature of the ownership of the contracted land and its agricultural use, shall not damage the comprehensive agricultural production capacity and the agricultural ecological environment, shall not exceed the remaining period of the contract period, and shall not harm the legitimate rights and interests of stakeholders and rural collective economic organizations.

The circulation of rural land management rights shall be regulated and orderly. Circulation relationships formed in accordance with law shall be protected.

The competent departments of agriculture and rural affairs of local people's governments at or above the county level shall, in accordance with their duties, be responsible for the guidance of the circulation of rural land management rights and contract management within their respective administrative areas.

The General Office of the Communist Party of China and the General Office of the Communist Party of China issued the "Opinions on Guiding the Orderly Flow of Rural Land Management Rights and the Development of Moderately Large-scale Agricultural Operations", which put forward four principles that must be adhered to in the circulation of land management rights and clarified the direction.

1) Adhere to the collective ownership of rural land, stabilize the contracting rights of rural households, revitalize the land management rights, and promote the common development of various management modes such as family management, collective management, cooperative management, and enterprise management on the basis of household contract management.

2) Adhere to reform as the driving force, give full play to the initiative of farmers, encourage innovation, support the grassroots to take the lead in experimentation, and rely on reform to solve development problems.

3) Adhere to the law, voluntary, paid, with farmers as the main body, support and guidance, market allocation of resources, the transfer of land management rights shall not go against the will of contracted farmers, shall not harm the rights and interests of farmers, shall not change land use, shall not destroy the comprehensive agricultural production capacity and agricultural ecological environment.

4) Adhere to the appropriate scale of operation, not only to improve the scale of land management, but also to prevent excessive concentration of land, take into account efficiency and fairness, continuously improve labor productivity, land output rate and resource utilization, ensure the agricultural use of farmland, and focus on supporting the development of large-scale grain production.

Article 55 of the Civil Code: Members of rural collective economic organizations who have lawfully obtained the right to contract and operate rural land and engage in household contract management are rural contracted households.

As soon as China's policy on the flow of rural land use rights was introduced, Shanghai was actively implementing it. It is reported that the ideological framework of the mechanism for the circulation of rural collective land use rights in Shanghai has been basically formed: it will be in accordance with"Land rights confirmation, separation of two rights (ownership and use rights), value manifestation, market operation, and benefit sharing"In accordance with the principle of paid land use, the system of paid and time-limited transfer of the right to use agricultural land and construction land in the suburbs of Shanghai is implemented.

During the term of the land contract, the management rights of agricultural land may be transferred through subcontracting, transfer, shareholding, cooperation, leasing, swapping, etc., and farmers are encouraged to transfer the contracted land to large professional households, cooperative farms and agricultural parks, so as to develop large-scale agricultural operations.

Collective construction land can be transferred through cooperation, shareholding, joint operation, conversion and other means of land use rights, and collective construction land is encouraged to concentrate in towns and industrial parks.

The main points are: On the basis of not changing the basic system of household contract management, the joint-stock system should be introduced into the construction of the land system, and a rural joint-stock cooperative system with land as the main content should be established, so that the land contracted by the peasants should be changed from a physical form to a value form, so that some peasants can work with peace of mind after obtaining equity rights.

Secondary and tertiary industries. The other part of the peasants can expand the scale of land management and realize the transformation of suburban agriculture from traditional to modern. The in-depth integration of public ownership and the market has promoted the development of the collective economy.

Legal analysis: First of all, the "Administrative Measures for the Circulation of Rural Land Management Rights" stipulates that the administrative examination and approval department for the circulation of rural land contracting and management rights is the township (town) people.

Secondly, the "Measures for the Administration of the Circulation of Rural Land Management Rights" stipulates that the department responsible for the guidance and service of the circulation of rural land contract management rights is the township (town) people's ** rural land contract management department.

Third, the Administrative Measures for the Circulation of Operational Rights of the Rural Land Economic and Economic Bureau stipulate the responsibility for supervision and arbitration of the circulation of rural land contracting and management rights.

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

Article 20 Sun Dourang 6 The local people's ** agricultural and rural affairs (rural operation and management) departments at or above the county level shall, in accordance with unified standards and technical specifications, establish national, provincial, municipal, county and other interconnected rural land contracting information application platforms, improve the online signing system for land management rights circulation contracts, and improve the level of standardization and information management of land management rights circulation.

Article 27: The local people's ** agriculture and rural affairs departments (rural operation and management) departments at or above the county level shall strengthen guidance for the work of the township (town) people's ** rural land contract management departments. Township (township) people's ** rural land contracting management departments shall carry out guidance and management of the circulation of land management rights in accordance with law.

Article 33: Where disputes or disputes arise over land management rights, the parties may resolve them through negotiation, or may request villagers' committees, township (town) people, etc. to mediate.

If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or may directly file a lawsuit with the people's court.

The rural land circulation policy is as follows: a written circulation contract shall be signed for the circulation of rural land, the agricultural use of the land shall not be changed in the circulation, the circulation period shall not exceed the remaining period of the contract period, and the income during the circulation period shall belong to the contracting party.

[Legal basis].Article 36 of the Rural Land Contract Law.

The contractor may independently decide on the high sales rate and adopt the lease of the first contract), the shareholding fighter or other means to transfer the land to him to operate Qi Li Quan, and file it with the contract issuing party.

Article 40 For the transfer of land operation rights, both parties shall sign a written contract for the transfer.

Article 46.

With the written consent of the contracting party and filing with the collective economic organization, the transferee may re-transfer the land operation right.

Hello, the land circulation must comply with the wishes of the people, and the peasants shall not be forced to transfer collective land, and the land use shall not be changed after the transfer.

Legal analysis: The relevant policies of land circulation include the full implementation of the "two fees at their own expense", "lease contract" and other forms of land contract responsibility system, standardizing land operation and maintaining the stability of land policy.

The law is based on the "Land Contract Law of the People's Republic of China".

Article 32: Land contracting and management rights obtained through household contracting may be transferred by subcontracting, leasing, swapping, transferring, or other means in accordance with law.

Article 33: No organization or individual may compel or hinder the contracting party from carrying out the transfer of land contracting and management rights, and the nature of land ownership and the agricultural use of the land must not be changed in the course of the transfer, and the period of circulation must not exceed the remaining period of the contract period, and the transferee must have the capacity for agricultural operations. At the same time, it is also stipulated that, under the same conditions, the members of the collective economic organization shall have priority.

Article 34: The main body of the circulation of land contracting and management rights is the contracting party. The contracting party has the right to decide on its own in accordance with the law whether and how the land contracting and management rights should be transferred.

Article 36: Subcontract fees, rents, transfer fees, and so forth for the transfer of land contracting and management rights shall be determined through consultation between the parties. The proceeds of circulation shall belong to the contractor, and shall not be withheld or withheld by any organization or person without authorization.

Article 37: Where land contracting and management rights are transferred by subcontracting, leasing, swapping, transferring, or other means, both parties shall sign a written contract. Where the transfer is adopted, the contract-issuing party shall be subcontracted, leased, swapped or transferred by other means, and the contract-issuing party shall be reported for the record.

Article 39: Where the contracting party hands over land to others for cultivation for no more than one year, it may not sign a written contract.

These Measures are formulated on the basis of the "Rural Land Contract Law of the People's Republic of China" and other laws and relevant provisions, so as to regulate the circulation of rural land management rights (hereinafter referred to as land management rights), protect the lawful rights and interests of the parties to the transfer, accelerate the modernization of agriculture and rural areas, and maintain the harmony and stability of rural society.

Legal basis: Article 2 of the "Measures for the Administration of the Circulation of Rural Land Management Rights" 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 law, voluntariness and compensation, and no organization or individual may force or hinder the contracting party to transfer land management rights.

Article 3 The circulation of land management rights shall not harm the legitimate rights and interests of rural collective economic organizations and interested parties, 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 be stopped from being "non-agricultural" and "non-grain" cultivated land.

The scale of circulation shall be commensurate with the process of urbanization and the scale of rural labor transfer, with the progress of agricultural science and technology and the improvement of the means of production, and with the improvement of the level of agricultural socialized services, and all localities shall be encouraged to establish various forms of mechanisms for preventing and guaranteeing the risks of the circulation of land management rights.

Article 5 The Ministry of Agriculture and Rural Affairs shall be responsible for the guidance of the circulation of land management rights and the management of circulation contracts throughout the country.

The local people's ** agricultural and rural affairs (rural operation and management) departments at or above the county level shall, in accordance with their duties, be responsible for the circulation of land management rights and the management of circulation contracts within their respective administrative areas.

The people of the township (town) are responsible for the circulation of land management rights and the management of circulation contracts within their respective administrative areas.