Rural land reform: keeping ownership and freeing management
As an important task of comprehensively deepening rural reform, the CPC Central Committee and the State Council issued the opinions on steadily promoting the reform of rural collective property right system at the end of 2016, which marks the formal and comprehensive start of rural collective property right system reform.
The main purpose of the reform is to endow farmers with six rights and powers, including possession, income, paid withdrawal, mortgage, guarantee and inheritance rights. Since 2009, China has determined 29 counties (cities, districts) to carry out rural collective property rights reform pilot. In the pilot areas, the work was carried out smoothly when the farmers were given the right of possession and income of the shares of collective assets. However, in the pilot projects of mortgage, guarantee, inheritance, especially the realization of paid withdrawal right, the reform encountered "tough bones".
In this regard, the "opinions" for the first time made clear that it is necessary to "explore the conditions and procedures for farmers to withdraw their shares of collective assets with compensation. At this stage, the paid withdrawal of shares of collective assets held by farmers shall not exceed the scope of the collective economic organization, and can be transferred within the collective or redeemed by the collective." That is to say, when farmers withdraw their shares of collective assets in the future, the scope of transfer objects will be strictly limited within the collective economic organization.
The starting point of such restrictions is to protect the basic rights of farmers. Chen Xiaohua, Vice Minister of agriculture, said that there is a big difference between rural collective economic organizations and other economic organizations. According to the law, its property belongs to the collective ownership of its members. At the same time, the rural collective economy has prominent community nature, which is mainly manifested in the collective ownership of land and other basic means of production. In view of this particularity, in order to protect the interests of all members of the collective, it is particularly necessary to prevent the encroachment of external capital.
For a long time, a small number of people in rural collective, especially village cadres, embezzle, embezzle, damage, squander rural collective assets, and "petty officials' huge corruption" are not uncommon. At the same time, the external capital has been on the rural internal resources, especially land resources. Many localities violate the regulations and introduce industrial and commercial enterprises to illegally expropriate the collective land of farmers, which seriously infringes on the interests of collective members. In this environment, exploring the paid withdrawal of collective assets held by farmers is bound to attract a new round of external capital. Therefore, this kind of restriction cannot be broken through at this stage. The reform is not to "divide" the collective assets, let alone the collective economy. It should be noted that collective ownership is an important part of China's public economy. General secretary Xi Jinping made clear at the Forum on rural reform in Xiaogangcun last year that in deepening the rural reform in the new situation, we must adhere to the collective ownership of rural land. The first line of the four red line of rural reform is "we can not change the collective ownership of rural land". This means that no matter how the reform of the rural collective property rights system is promoted, the rural collective ownership must be adhered to, and the external capital can not enter at will, which is the unshakable basic principle, otherwise some basic rights of rural collective members will be damaged.
Of course, the transfer and transfer of collective assets are not the same thing. On the premise of keeping the bottom line, the right to operate rural collective assets can be enlivened, and its circulation in the open market can be promoted. The Opinions also put forward that local governments, especially counties and townships, should be encouraged to establish a property rights transfer and trading market in line with the actual needs of rural areas by relying on the platforms of collective asset supervision and management and land management right transfer management, and carry out circulation transactions such as rural contracted land management right, collective forest right, land use right of "Four Wastes", agricultural intellectual property rights, and leasing of rural collective operating assets. At the same time, through the market-oriented circulation of management rights, the farmers' income can be effectively improved, and many purposes can be achieved, such as improving the land utilization rate, transferring the surplus rural labor force and promoting the process of agricultural industrialization.