On how to establish and improve China's farmland circulation system

Land is one of the basic materials and elements of agricultural production, and the household contract responsibility system for rural collective land is an important policy orientation to meet the needs of rural development in contemporary China and the actual wishes of farmers. After the first round of contract period of rural collective land ended, the contract period was extended for another 30 years, which stabilized the land contract relationship, greatly improved the enthusiasm of farmers for long-term investment in land, and further accelerated the forward development of rural productive forces in China. At the same time, with the rapid development of secondary and tertiary industries in urban and rural areas and the acceleration of urbanization in rural areas, rural surplus labor has been transferred on a large scale, and agricultural land contracted by farmers has begun to flow among different property rights subjects. According to the statistics provided by the relevant departments of Anyang City, by the end of 2000, the area of rural cultivated land in the city had reached 363.64 thousand hectares (5,454.6 thousand mu), and the circulation area was about 600,000 mu, accounting for about 1. 1% of the total cultivated land in the city, involving more than 28,000 households. Through the circulation of agricultural land, it has promoted the further adjustment and optimization of agricultural industrial structure, improved the utilization rate and output rate of land resources, and promoted the development of rural land market and rural economy.

However, because the rural land market in most areas of our country is in the early stage of development, the transaction mechanism of agricultural land market has not been established and improved, and there are some problems that can not be ignored in the process of land transfer, such as the spontaneity and disorder of land transfer, the confusion of transaction procedures, the rights and interests of relevant rights subjects are often not guaranteed, the transfer form is not standardized, and many restrictive factors cause poor circulation. If these problems are not solved by effective measures in time, it will not only be detrimental to the optimal allocation of rural land resources and the normal establishment and cultivation of farmland market circulation, but also affect the stability and implementation of the household contract responsibility system for rural land in China, and hinder the adjustment of rural industrial structure, the implementation of agricultural industrialization and the all-round development of urban and rural economy. This paper attempts to analyze the basic principles that should be adhered to in rural land transfer from different stages before, during and after the transfer of agricultural land, and explore effective ways and measures to establish and improve China's agricultural land transfer system.

1 Basic principles of farmland circulation

First of all, the transfer of land use rights should be market-oriented and fully embody the principle of efficiency. On the one hand, the market-oriented transfer of land use rights can save transaction costs. The transfer of land use right is a kind of property right transaction, which requires costs, including a series of expenses such as information collection, organization and implementation, and signing contracts. Transferring the land use right to the market mechanism can reduce the execution and supervision costs brought by administrative regulation. Through price signals, the market spontaneously regulates the flow of land use rights from inefficient users to efficient users according to the principle of competition. On the other hand, market-oriented circulation can provide effective protection for land contracting rights, and then urge contractors to better use and protect land assets. Long-term land contracting will stimulate the enthusiasm of users for long-term investment, but if this long-term contract relationship is solidified, it will reduce the allocation efficiency of land assets. If compulsory measures are taken to recover or transfer this contracting right, it will lead to the instability of contracting right, and it is difficult for contractors to obtain reasonable economic compensation for the value of long-term investment. In this way, it is difficult for the contractor to have a stable investment return expectation, and the investment enthusiasm will inevitably be frustrated, which will eventually lead to the loss of land asset allocation efficiency, which is essentially caused by the uncertainty of the right to use. Market-oriented land use right transfer can not only save transaction costs, but also provide property rights protection for users and reduce the efficiency loss caused by unstable income expectations.

The principle of "voluntariness, compensation, equality, mutual benefit, protection of cultivated land and registration" should be adhered to in the transfer of land use rights.

1. 1 The transfer of land use rights should fully reflect the principle of respecting the wishes of both parties.

First of all, the transfer of land use rights should reflect the collective will, that is, rural land belongs to collective ownership and adhere to the principle that collective ownership of land will remain unchanged for a long time. Land is the most basic means of production and subsistence for farmers, and it belongs to farmers collectively according to law. The transfer of land use rights cannot change the ownership relationship of land collective ownership, and must be subject to collective supervision and management. This is the embodiment of the owner's rights and interests. The purpose of land use right transfer is to improve the efficiency of land use, and land itself is a scarce resource. Therefore, its flow must be checked by the land owner and approved by the owner (collective) before it can take effect. It is necessary to change the current chaotic state of spontaneous circulation, free consultation among the people without any documents, and without the consent and filing of the village collective. Secondly, it is necessary to reflect the wishes of land users, that is, the circulation of collective land use rights should adhere to the will of freedom of contract and ensure that farmers can transfer land use rights according to their own wishes. On the premise of adhering to the freedom of contract, we should use legal, economic and necessary administrative means to adjust the relationship between supply and demand in the land market, guide the flow of land assets, supervise the development and utilization of land, and give full play to the maximum benefits of land.

1.2 Adhere to the principles of voluntariness, equality and mutual benefit of the broad masses of farmers.

According to the policy of household contract responsibility system for rural collective land, "the rational transfer of land use rights should adhere to the principle of voluntariness and compensation, and farmers should not be forced to transfer for any reason." Accordingly, if part of the circulation of agricultural land is exchanged due to the implementation of land scale management or land structure adjustment, we should try our best to adopt methods such as ideological persuasion, publicity and mobilization, give some preferential encouragement from the aspects of economy, taxes and fees, and mobilize farmers to participate in land circulation voluntarily. In addition, migrant workers are relatively independent civil subjects with equal legal status. In the normal circulation of agricultural land market, we should follow the basic principles of equal consultation, equal exchange and mutual benefit, conduct open, fair and just market transactions, and effectively protect the fundamental interests of all parties.

1.3 compensation principle

The circulation of collective land use right should adhere to the principle of compensation, because the contracted management right of land obtained by farmers is not only a business behavior, but also has the nature of welfare and social security. Therefore, farmers who have obtained the main source of livelihood in non-agricultural industries actually provide more economic resources for the transferee when transferring land use rights, and should be compensated and encouraged economically. And in the case of shortage of land resources, the free transfer of land objectively encourages people to waste land resources, while the paid transfer of land can stimulate people's awareness of rational use of land economically.

1.4 adhere to the principle of farmland protection

Cultivated land protection has become an important global issue. The total amount of cultivated land resources in China is limited, and the per capita is even less. Therefore, "protecting cultivated land is our lifeline" and "cherishing and rationally utilizing every inch of land and effectively protecting cultivated land is a basic national policy that China must adhere to". In the process of farmland circulation, we must always adhere to the basic principles of farmland protection, and we must not change the agricultural use of collective land without authorization, abandon farmland without reason, or destroy soil fertility. Under the premise of ensuring the dynamic balance between the total amount and quality of cultivated land, we must cultivate farmland market circulation.

1.5 registration principle

Registration is a legal form to ensure the safe and effective transfer of land use rights. Through registration and filing according to the prescribed procedures, legal standards are set for the effective transfer of land use rights, which makes people feel at ease in the transfer of land use rights.

2. Effective ways and measures to establish and improve the farmland transfer system.

Establishing and perfecting the farmland circulation system is one of the important contents of cultivating China's rural land market. In practice, all localities should not only standardize and manage the behavior in the implementation process of agricultural land transfer, but also strengthen the guidance and supervision before and after land transfer, so as to fully guarantee the healthy development of the entire agricultural land transfer market. Specifically, the following effective ways and measures should be taken.

2. 1 Property right setting and ideological guidance before farmland transfer

2. 1. 1 Define the basic connotation of land contractual management right.

The essence of farmland circulation is the transaction of farmers' collective land contractual management rights. From the legal point of view, farmers' contracted land management right is a kind of land property right separated from collective land ownership, which belongs to relatively independent land property right and has the exclusiveness and exclusiveness of general property rights, that is, farmers enjoy the exclusive possession, use, income and partial disposal rights of contracted collective land according to law. Only when the connotation of ownership is clearly defined and the extension of rights is complete can all property rights transactions be guaranteed to be legal and smooth, and the basic rights and interests of property rights subjects can be realized economically. Through the market circulation of the contracted management right of agricultural land, the so-called "separation of three powers" has been realized, that is, the ownership belongs to the collective, the contracted management right belongs to the farmer (transferor) and the use right belongs to the farmer (transferee). In the process of circulation, the relationship between property rights subjects is clear and the rights and obligations are clearly defined, which enhances farmers' sense of stability and reasonable expectation of land management and promotes the smooth circulation of agricultural land use rights.

2. 1.2 active publicity and ideological guidance

On the one hand, influenced by deep-rooted traditional concepts such as "loving the land" and "guarding the land for security", some farmers are unwilling to transfer even if they can't plant or can't plant contracted land well; On the other hand, faced with the reality of low comparative efficiency of agriculture, heavy burden of farming or even poverty, some farmers are unwilling to accept land even if they don't have enough crops and fields. In addition, some local government departments lack correct guidance or even hold an opposition to farmers' farmland circulation behavior, so farmland circulation in most rural areas of China has not been well promoted. In view of this, government departments at all levels should raise awareness, strengthen publicity, change farmers' traditional management concepts, enhance farmers' initiative and enthusiasm to participate in rural land market circulation on the premise of stabilizing the household contract responsibility system for rural land, gradually standardize the spontaneous land circulation behavior that has occurred in rural areas, improve management mechanisms and means, and constantly guide them into a healthy and legal market transaction track.

2.2 Procedures and transaction management in the process of farmland circulation

2.2. 1 Standard farmland transfer procedure

Although land circulation has existed for a long time in rural areas of China, a set of complete and standardized farmland circulation procedures has not been established in most areas so far, which leads to farmers' arbitrary operation and disorderly circulation in the process of land circulation. For example, some farmers transfer land only verbally, without any written contract, and conflicts and disputes occur from time to time afterwards; Some farmers did not submit a written application to the township or village collective economic cooperation organization in advance, and with the consent of the land contractor, they did not report afterwards, which led to the inconsistency between the farmers' contracted land management warrants, land inventory and actual contracted area and their location, which disrupted the government's management order of agricultural land. In order to solve these problems, all localities must formulate unified operating rules for agricultural land transfer as soon as possible, standardize farmers' land transfer behavior, and make it clear that agricultural land transfer must be applied to township collective economic organizations in advance, and the transfer transaction can only be carried out after obtaining the consent and reporting to the township land management department for approval. On the basis of equality and mutual benefit, both parties to land transfer should also sign a written contract for the transfer of land contractual management rights to clarify their respective rights and obligations. As the original land contractor, the township and village collective economic organizations have the right to review and supervise the specific contents of the land transfer contract to prevent the loss of collective land rights and interests. The contract for the transfer of agricultural land shall also apply to the competent government department for registration of property right change according to law. If notarization is needed, you can go to the notary department of the government for notarization procedures to protect the legitimate interests of both parties to the contract. When the farmland circulation expires, whether it is postponed or not, the farmers concerned should report to the collective economic organizations in time, so as to facilitate the normal management of their farmland by the collective economic organizations. It is worth mentioning that in the process of managing farmland circulation, land administrative departments should pay attention to simplifying procedures and standardizing the charging system to avoid further increasing the burden on farmers.

2.2.2 Do a good job in agricultural land grading and price evaluation.

Through the cadastral survey, survey, land property registration and land statistics of grass-roots land management departments, we can reflect the quantity, location, use and change of agricultural land, and provide scientific basis for the correct decision-making of relevant government departments. However, farmland circulation is a paid market transaction and follows the principle of equivalent exchange. Therefore, it is necessary to strengthen the grading and price evaluation of agricultural land, reasonably determine the quality and grade of all kinds of agricultural land, objectively and fairly evaluate the market price of land use rights, and provide reasonable reference for fair transactions between the two sides of agricultural land market circulation, so as to reduce the arbitrariness and irrationality of price determination, avoid the interests of market traders from being infringed, and lay a scientific foundation for the government to strengthen the management of agricultural land market price.

2.2.3 Implement multi-form and multi-channel circulation.

In the past, rural cadres in some areas mainly took some simple and rude administrative measures to adjust the land contract relationship among farmers because of their poor ideological understanding and working methods, which not only affected the relationship between cadres and masses in rural areas, but also hindered the smooth development of rural work, which was not conducive to the normal development of rural land circulation market. With more and more land transactions in rural areas, farmers have spontaneously created various forms of transfer, such as subcontracting, leasing, exchange, shareholding and transfer. The circulation channels include local circulation within the group or village collective organizations, as well as cross-group circulation, village circulation, township circulation and even cross-county circulation and inter-provincial circulation. These forms and channels undoubtedly increase the flexibility and choice space of farmland circulation, which is worth popularizing. However, from the practice of farmland circulation, most of them are subcontracting, entrustment and exchange, while leasing, shareholding and transfer are less, and the circulation scope is mainly within the local collective economic organizations. Due to the objective regional differences in China's vast rural areas, all localities should adopt feasible circulation forms and channels under the premise of complying with relevant policies and regulations, and must never engage in so-called formalism and "one size fits all". Some rural areas with rapid economic development can gradually implement various forms of farmland circulation, such as anti-leasing, paid transfer or shareholding, relax restrictions on circulation channels and scope, allow cross-regional farmland circulation, and further open up the local farmland market.

2.3 Inspection, supervision and supporting measures after farmland transfer

2.3. 1 Strengthen the inspection and supervision of farmland circulation.

After the farmland is transferred, we can't ignore it. On the contrary, government departments at all levels should strengthen inspection, supervision and management after farmland transfer. Because the property rights attached to the transferred farmland are more complicated, the land use mode usually changes, such as the change from decentralized management to scale management. Only by regular or irregular inspection and supervision of these transferred farmland can we ensure the smooth performance of rights and obligations in the farmland transfer contract, prevent land users from destroying cultivated land resources, put an end to illegal use and management of land, and truly optimize the allocation and full utilization of limited agricultural land resources.

2.3.2 Establish the information network of farmland circulation transaction.

At present, in many areas, due to the lack of timely communication between the supply and demand sides of agricultural land, the circulation is blocked, and there are contradictions that need to be transferred but cannot be transferred, and it is difficult to form an effective circulation. Therefore, all localities should establish an information network on the transaction of circulating farmland as soon as possible, and the relevant administrative departments of the government or market intermediaries will investigate and collect information on the supply and demand of circulating farmland and market prices through various channels, and make statistics, analysis, collation and prediction, and publish them publicly, so that farmers can obtain reliable information in time and communicate with each other in the market, creating conditions for reaching the transaction of land circulation as soon as possible. 2.3.3 Pay attention to the phenomenon of farmland re-circulation.

In the actual production process in rural areas, sometimes some farmers will transfer the transferred farmland again, forming a three-level or even four-level market for rural land transactions, which is worthy of attention. Farmland circulation and re-circulation are conducive to the establishment of a multi-level and diversified rural land market structure. Local governments should attach equal importance to it as the above-mentioned farmland circulation, rationally regulate and manage the property right setting, circulation procedures, methods and inspection and supervision of circulation, and promote the establishment and perfection of China's farmland market system.