What are the main problems in rural land confirmation? How to solve these problems?

Registration and certification of rural collective land ownership is an important basic work related to rural economic and social development and an important measure to consolidate the foundation of agricultural and rural development. After the Notice of the Ministry of Land and Resources, the Ministry of Finance and the Ministry of Agriculture on Accelerating the Registration and Certification of Rural Collective Land Ownership (Guo Tu Zi Fa [2011] No.60, hereinafter referred to as Document No.60) was issued, governments at all levels in Guangdong Province, land, finance, agriculture and other departments seized the opportunity and cooperated closely, which quickly set off the climax of registration and certification of rural collective land ownership. At present, Guangdong Province has fully completed the registration and certification of rural collective land ownership, laying a solid foundation for rural land management.

First, focusing on the right to contracted management of land, actively carry out the registration and certification of rural land ownership.

The confirmation of rural land rights is an important basic work to accelerate rural reform and development in the new period. Carrying out rural land confirmation is a statutory requirement of the Rural Land Contract Law, the Property Law and other laws and regulations, a major deployment of the central government on the work concerning agriculture, rural areas and farmers, an important measure to guarantee the transfer of farmers' contracted management right of agricultural land according to law, an objective need to promote the standardized transfer of land, promote the moderate scale operation of land and develop modern agriculture, and an effective way to deepen the reform of rural property rights system and land acquisition system and increase farmers' property income. Over the past year, Party committees and governments at all levels in Guangdong Province have put the pilot work of confirming the right to register and issue certificates in a prominent position, implemented responsibilities at all levels, made overall plans, and promoted it at a high level. Take the confirmation of rights as an important starting point for deepening the reform of agriculture, rural areas and farmers, earnestly perform their duties, strengthen investigation and research, widely publicize and launch, mobilize the enthusiasm and initiative of all parties, and vigorously promote the pilot work.

(A) implementation plan, the establishment of two working mechanisms, * * * cooperation, forming a good situation to promote the work. Guangdong Province issued the Implementation Opinions on Guiding the Orderly Circulation of Rural Land Management Rights and Developing Moderate Scale Operation of Agriculture, the Implementation Plan for the Registration and Certification of Rural Land Contracted Management Rights in Guangdong Province, and the Implementation Measures for the File Management of the Registration and Certification of Rural Land Contracted Management Rights in Guangdong Province. In addition, the Technical Operating Specification for the Registration and Certification of Rural Land Contracted Management Right and the Flowchart of Rural Land Confirmation Work have been formulated to provide policy guidance for the registration and certification of rural land confirmation. Some cities and pilot units have also formulated corresponding implementation plans in combination with actual research. Establish two working mechanisms. The first is to establish a leadership coordination mechanism for the work of confirming rights. A joint meeting system for the registration and certification of rural land contractual management rights was established, with the leaders of the provincial party committee and the provincial government as conveners, the member units including 12 provincial functional departments, and the office of the joint meeting located in the Provincial Department of Agriculture, forming a good working situation of performing their respective duties, cooperating with each other and promoting together. Among the pilot units, 18 counties and 5 towns have established leading groups headed by top leaders of the party and government to register and issue certificates, and 1 town has established a joint meeting system to strengthen organizational leadership and overall coordination. The second is to establish a mechanism for investigating and resolving land disputes. Taking the registration and certification of ownership as an opportunity, various localities have continuously established and improved the mediation system of land contract management disputes with rural mediation, county and city arbitration and judicial guarantee, and resolved disputes on the spot through democratic consultation, mediation and arbitration, and judicial proceedings, so as to resolve contradictions at the grassroots level.

(two) vigorously carry out publicity, training and research, and further promote the registration and certification of ownership. In terms of publicity, we have produced and broadcast a public welfare propaganda film on the confirmation of rights on Guangdong TV, set up a column on the confirmation of rights in Nanfang Daily, Southern Rural Daily and other newspapers, designed and produced a wall chart of the confirmation of rights, sent an open letter to farmers, distributed a booklet on 60 questions on land confirmation, and designed a series of farmers' paintings to publicize the confirmation of rights. The province issued more than 6.5438+0.2 million copies of publicity materials for confirmation of rights. In terms of training, the province's rural land confirmation special training courses were held for many times, which were attended by leaders in charge of prefecture-level cities, directors of agricultural bureaus and county (city, district) secretaries (or county heads). A total of 38,300 people were trained at all levels in the province, which provided support for the work of confirming rights. In terms of research, the Provincial Agricultural Office, the Provincial Department of Agriculture, the Provincial Development Research Center, the Provincial Academy of Agricultural Sciences and South China Agricultural University were organized to go to the Pearl River Delta region to carry out special research on the registration of ownership rights, and to carry out major research on rural collective economic ownership and supervision methods and rural land ownership from different angles.

(three) to carry out work supervision, establish and improve the dispute mediation system. The first is to fully promote the work of confirming rights. Twenty-four pilot units have been established to link cadres to confirm registration and certification, strengthen business guidance to contact points, require regular or irregular inspection of contact point confirmation, and urge contact points to implement responsibility measures to ensure the smooth development of confirmation work. The second is to implement the progress notification system. Edit and publish work briefing, timely report work trends, publicize advanced models, popularize experiences and practices, and study and discuss issues. At the same time, the implementation of monthly notice, through the "duty management", to promote the speed of work. Taking the registration and certification of ownership as an opportunity, various localities have continuously established and improved the mediation system of land contract management disputes with rural mediation, county and city arbitration and judicial guarantee, and resolved disputes on the spot through democratic consultation, mediation and arbitration, and judicial proceedings, so as to resolve contradictions at the grassroots level. According to statistics, since the registration and certification of land ownership was carried out, various localities have successfully resolved land stock disputes 1325, including arbitration commission mediation award 1 piece and rural mediation 1 piece, and no new contradictions and disputes have occurred in the process of land ownership confirmation.

(four) improve the management of land contract, and pay close attention to the registration and certification of rural land contractual management rights. Doing a good job in rural land confirmation is conducive to establishing a rural property right system with clear ownership, strict protection and smooth circulation; It is conducive to strengthening the market dominant position of contracted farmers and the basic position of household contract management; It is conducive to clarifying the ownership of land contractual management rights and providing a strong original basis for solving disputes over land contractual management and safeguarding farmers' legitimate rights and interests in land contracting. According to the central government's deployment, Guangdong Province has launched a pilot project of registration and certification of rural land contractual management rights in Yuancheng District of Heyuan City, Yun 'an County of Yunfu City, Jiaoling County of Meizhou City, Yangshan County of Qingyuan City and Gaoyao County of Zhaoqing City since 20 1 1. At the end of April, 20 14, 6 towns in 18 counties were deployed to start the pilot work. Since the pilot work of confirmation registration and certification was carried out, under the great attention and vigorous promotion of the provincial party Committee and government, all parts of the province have been steadily and orderly promoted according to the established timetable and road map. At present, 3,500 administrative villages in 326 townships in 77 counties (cities, districts) have started the land confirmation work, completed the measured area of 2.42 million mu, involving 33 1 10,000 plots of contracted land, and issued 67,900 contract management warrants. Among them, 24 provincial pilot units, 263 towns and 2884 administrative villages have started the work of confirming the right, completed the measured area of 210.3 million mu, involving 2.72 million contracted plots, and issued 58,000 rural land contractual management rights certificates. Pilot counties such as Heyuan Dongyuan, Meizhou Jiaoling, Zhaoqing Deqing, Qingyuan Yangshan and Foshan Sanshui have basically completed the field investigation task of confirming rights.

(5) Revitalize land resources and actively and steadily promote the transfer of rural land management rights. In recent years, Guangdong Province has conscientiously implemented the rural land contract law and related policies and regulations, continuously strengthened rural land contract management and services, actively guided the transfer of farmers' land contract management rights under the principles of legality, compensation and voluntariness, and reasonably guided industrial and commercial capital to develop farming and breeding industries suitable for enterprise management in rural areas, which promoted various forms of moderate scale operation of agriculture and improved the output rate of agricultural land and the efficiency of agricultural production and operation. In 20 14, the contracted management right of the transferred land in the whole province was 8.52 million mu, accounting for 29.2% of the contracted household area. Main methods: First, do a good job in publicity and training, and popularize work experience. Vigorously publicize relevant laws and regulations through various forms and channels, and carry out business training to ensure that cadres at all levels accurately grasp the transfer policy of land contractual management rights and improve their business level. Summarize the experience and practice of promotion, and provide reference for promotion work in various places. The second is to carry out the registration and certification of confirmation rights and consolidate the foundation of circulation. Carry out the registration and certification of the right to confirm, and properly solve the problems of unclear and unclear contracted land area. The third is to establish and improve the circulation service market and build a circulation platform. At present, 763 rural land transfer service centers have been established in the province, which has played an important role in unblocking land transfer channels and regulating land transfer behavior. The fourth is to improve the circulation guarantee mechanism and ensure the standardization of circulation. In accordance with the Opinions on Guiding the Orderly Circulation of Rural Land Management Rights and Developing Moderate Scale Operation of Agriculture (Guangdong Provincial Party Committee Office [2015] No.28) promulgated by the provincial party committee and the provincial government, actively guide the orderly circulation of land management rights. Unify the formulation of circulation contracts and standardize circulation behavior. The fifth is to cultivate a variety of business entities and achieve moderate scale operation. Encourage farmers to form rural land joint-stock cooperative system or farmers' professional cooperatives. Guide leading agricultural enterprises and farmers' professional cooperatives to actively undertake farmers' voluntary land transfer, absorb farmers' local employment, and drive farmers to increase their income.

Through the pilot work, all parts of the province have taken solid steps to properly solve the problems of inaccurate land area, unclear land area, unclear ownership and imperfect registration books, strengthened the property rights protection of farmers' contracted land management rights, effectively solved some land contracting problems, laid a solid foundation for deepening agricultural and rural reform, found out the base, accumulated experience, laid the foundation for the next work, and promoted the agricultural and rural economic development and rural social harmony and stability.

Second, the main problems of rural land ownership

At present, the confirmation of rural land contractual management right in Guangdong Province still faces many problems and difficulties, which are mainly reflected in the following aspects:

First, in terms of ideological understanding, grassroots leading cadres still have ideological concerns, and farmers' awareness of the work of confirming rights is low. At present, many grassroots leading cadres, even some leading cadres in cities and counties, do not have enough understanding of this work. In some places, especially the main leaders of the party and government, there are still "three fears" to varying degrees, that is, they are afraid that the confirmation of rights will cause long-term accumulation of rural contradictions, that the confirmation of rights will increase the difficulty of land acquisition in the future, and that the confirmation of rights will affect the operators who have obtained the right to operate the transferred land. Therefore, it is not active, active and slow to promote the work of confirming rights, which has become the biggest obstacle to the work of some pilot counties (towns). Grass-roots cadres in the Pearl River Delta region and eastern Guangdong still have serious feelings of seeking stability and fearing chaos. They are generally cautious about the confirmation of rural land rights. Propaganda work is not active enough, and the pilot work is relatively passive. The people's "desire" for confirmation of rights is in sharp contrast with the government's "concern" for confirmation of rights.

Second, at the level of policies and regulations, how to adhere to the principle of priority of rights is a major problem to be solved in the core area of the Pearl River Delta and many urban suburbs. Due to historical reasons, land management and contracting policies are not strictly implemented in these areas, the existing land contract relationship is complex, the proportion of agricultural land conversion is high, and farmers have a strong willingness to confirm their rights. In these places, the contradiction between man and land is more prominent. In the early days, special groups such as returnees, "married women" and "adopted men" competed for places, but the reality is that there is no land to be divided. In addition, some places constantly adjust the land contract relationship during the contract period. Although it does not conform to the provisions of laws and policies, the masses have recognized the fait accompli. On the grounds of maintaining public expenditure, individual local village collectives have long exceeded the standard to reserve mobile land and compete with the people for profits. All these have increased the complexity and arduousness of the registration and certification of confirmation.

Third, at the level of system design, it is urgent to comprehensively consider with systematic thinking and overall concept, and all departments need to work together, closely cooperate and promote as a whole. The registration and certification of ownership right involves a wide range, and the situation varies from place to place, from town to town, from village to village. The problems encountered in specific work are complicated due to the superposition of historical and practical factors, and it is impossible to solve them well with one standard and one model. Many problems involve many aspects, and it is difficult to coordinate by one department alone. For example, how to determine the right of cultivated land actually changed in the core area of the Pearl River Delta and some urban suburbs may involve many aspects such as land acquisition system, "three old" transformation, collective economic income distribution system, social security system for landless farmers, etc., and solutions must be studied through departmental linkage. In addition, supporting measures such as rural property rights system and rural governance must also be followed up.

Fourth, at the specific work level, it is urgent to coordinate and implement the financial subsidies of cities and counties and the 1: 2000 aerial image map. Guangdong province has a complex cultivated land terrain, scattered plots and high cost of ownership confirmation, especially in the eastern, western and eastern regions of Guangdong province, where finance is relatively tight, there are many cultivated land and large funds are needed. Although the national finance subsidizes 10 yuan per mu, and the provincial finance also explicitly subsidizes 10 yuan per mu for counties (cities, districts) outside the Pearl River Delta region (Jiangmen Kaiping, Taishan 7 yuan per mu), there is still a big funding gap in counties (cities, districts) in the east, west and north of Guangdong. In addition, according to the requirements of national regulations and standards, 1: 2000 aerial image map is needed as the basic basis. However, in the early pilot work, many areas mainly used small planes to obtain image maps, which caused high shooting cost, difficult quality assurance and slow work progress. It is urgent to organize unified aerial photography as soon as possible and provide it free of charge. After coordinated efforts by many parties, the unified aerial photography work in the province has started.

Three, the next step of land ownership work opinions and suggestions

Confirmation of registration and certification is the most important thing to deepen agricultural and rural reform and promote the stable development of rural areas. Guangdong Province will continue to thoroughly implement the deployment arrangements of the provincial party committee and the provincial government, earnestly perform its duties, highlight the problem orientation, conduct in-depth investigation and study, fully mobilize the enthusiasm and initiative of cadres and farmers at all levels, form a joint effort, thoroughly grasp the work of confirming the right to contracted management of rural land, and truly "confirm the right and issue certificates" to give farmers "reassurance".

(1) Improve the system of supervision and inspection of confirmation of rights, and strengthen supervision and guidance of confirmation of rights. Establish and improve the work report, supervision and inspection and results acceptance system for the registration and certification of ownership, effectively strengthen the supervision and inspection of the work of ownership confirmation in various places, and timely organize the results acceptance for the pilot units that take the lead in completing the task of ownership confirmation. Guide all localities to strictly follow the deployment requirements of the Central Committee, the Provincial Party Committee and the provincial government, organize the inventory of land contract files and the investigation of land contract management rights, improve land contract, establish and improve the register, issue certificates of land contract management rights, promote the construction of information application platform for industrial land contract management rights, and establish and improve the file management system. At the same time, urge and guide all localities to establish and improve the dispute mediation mechanism, rely on the confirmation of rights to solve existing land disputes, resolutely prevent new contradictions, ensure that the confirmation of rights is stable and quick, so that the results of confirmation of rights can be recognized by the masses and stand the test of history.

(two) continue to pay attention to the registration and certification of land contractual management rights, and promote the progress of land ownership. Further strengthen the guidance of classification and promote all localities to clarify the timetable and road map for confirmation of rights as soon as possible. On the premise of maintaining stability, respecting public opinion, complying with laws and regulations, giving priority to accurate land use and ensuring quality, speed up the progress of land confirmation in eastern, western and eastern Guangdong, and carry out land confirmation work in more than 50% of contracted land in 20 15 years; Supervise and urge the core areas of the Pearl River Delta to strictly grasp the uncertain scope of the right confirmation, select several streets (villages) to explore the pilot of the right confirmation in counties (districts) with mature conditions, good foundation, farmers' recognition and strong team, find the breakthrough point, and test the deep water area of the Pearl River Delta region.

(3) Establish and improve the service system of land contractual management right transfer. Establish and improve the rural land contractual management right transfer service system with smooth information, efficient operation and standardized service at the county (city, district), township (town) and village levels, innovate the agricultural management system and mechanism, and encourage farmers to contract land to flow to rural moderate-scale business entities. Encourage exchange and solve the fragmentation of contracted land. Guide farmers to exchange and merge land on the basis of voluntary mutual benefit, promote moderate scale management of rural land, and promote agricultural transformation and upgrading.

(4) Carry out in-depth policy research and strengthen the construction of dispute arbitration system. Collect and sort out major policy issues encountered in the pilot work, strengthen analysis and research, and plan countermeasures. Further improve and perfect the rural land contract management dispute mediation system with rural mediation, county and city arbitration and judicial guarantee as the main contents.

(Source: Sina. com)