Facility agricultural land includes livestock and poultry houses, planting greenhouses or aquaculture houses directly used for operational farming, agricultural experimental bases, drainage and irrigation canals, mechanized roads and roads within livestock and poultry farms. And the land for supporting facilities for agricultural industrialization refers to the land for relevant ancillary facilities serving agricultural production, which is divided into two categories: the first one is the land for processing and temporary trading of agricultural products without hardening of the ground that can be restored to agricultural land, such as sun yards, stockyards, greening isolation zones, simple agricultural warehouses and sheds of farm implements and other ancillary facilities directly serving agricultural production, which do not belong to permanent buildings, and the land is non-permanently cured, the It does not cause damage to the cultivation layer, and can be regarded as agricultural land, managed in accordance with agricultural land, examined by the agricultural department and recorded by the land department. The second category is to permanently solidify the land for ancillary facilities, including management and living rooms, plants, disease prevention and control facilities, warehousing, agricultural product quality testing rooms, science and technology training sites, etc., whose land use is managed according to the rural collective construction land management, and may not be expropriated as state-owned land, and under the premise of conforming to the overall land use planning, centralized layout, after examination and approval of the agricultural department, to the land department to handle the agricultural land conversion approval procedures in accordance with the law.

In recent years, there have been a number of new developments in the construction of land.

In recent years, my flag townships and towns in the development of modern agricultural production at the same time, some shrewd operators in the countryside to develop a "self-picked tasting garden", "Nongjiajia Manor" and other business projects in a wide range of names, which has just emerged between the traditional agriculture, modern agriculture, animal husbandry and livestock breeding. Traditional agriculture, modern agriculture, animal husbandry services in the middle of the new industry, its land how to characterize and manage, deserves serious study.

In accordance with the law, regardless of the use, as long as the permanent construction, including the construction of houses, workshops and other buildings and fences, pools, roads and other structures, should be in accordance with the law to deal with the procedures for the diversion of agricultural land, or else it should be investigated and dealt with according to law. Therefore, whether or not to build permanent buildings and structures, whether or not to cause permanent destruction of arable land and difficult to replant, is according to the agricultural land management and construction land management standards and boundaries.

At present, the more common illegal forms in the construction of facilities for agricultural land are as follows: First, in the name of developing livestock and poultry breeding and building livestock and poultry houses, encircling agricultural land, including arable land to build residential housing; second, in the name of developing livestock and poultry breeding, encircling agricultural land, including arable land, first building livestock and poultry houses, and then converting them into residential housing for residential use, or transferring them to rental, and engaging in other industrial activities; third, in the name of The name of the development of tourism agriculture, capturing agricultural land, including arable land, the construction of tourism and leisure resorts, engaged in catering, accommodation and entertainment services and business projects; four is the name of the development of aquaculture, capturing agricultural land, including arable land, digging ponds to raise fish for angling, recreation and entertainment, and so on.

The most fundamental reason for the illegal problems in terms of facility agricultural land use is profit-driven. The implementation of agricultural projects generally need to build a certain percentage of ancillary facilities, for some projects, these ancillary facilities produce direct economic value far more than the value of the agricultural products operated by the land in strict accordance with the statutory procedures will greatly increase the cost of enterprises. Therefore, many enterprises in the production and construction, often more land, especially more land to engage in life, management facilities construction, in order to seek more value-added space. The most typical is under the banner of "eco-horticulture", "eco-agriculture" and so on, engaged in catering and other non-agricultural production of commercial services production, to circumvent the business land auction system.

In the facility agriculture land management and law enforcement practice, there are still some specific operational level difficulties. For example, in a specific land use project of facility agriculture, facility land, living room occupies land, management room occupies land, internal infrastructure land, etc. How big is the scale, by whom to identify, or the land department according to which department approved the scope of land occupation for construction land formalities, in the concrete implementation of the specific implementation of the difficulties still exists. At present, there is a lack of clear systems, standards or norms for unified technical standards for facility agriculture, and for the management of land for facility agriculture in terms of the size of the land, the layout of the construction, the intensification and conservation, and the reasonableness of the spatial structure, and so on. In addition, the management of facility agriculture involves such departments as the Agricultural Office, horticulture, animal husbandry, production, agriculture and forestry, urban and rural construction, and land and resources, and the multiple management also has a certain impact on the current land management system. For example, the agriculture and forestry sector in the development of facility-based agriculture is often only consider the technical aspects of the problem, and whether the occupation and destruction of arable land is not much consideration, but the land sector in the protection of arable land must be carried out in accordance with the law to supervise and inspect the duties.

The problem of illegal use of land for agricultural facilities, in addition to the profit motive, multiple management and other reasons, is also related to the lack of investigation and punishment of illegal behavior. Due to the institutional mechanism and other reasons, some places on the land management of high-pressure situation and good law enforcement environment has always been difficult to establish and maintain, so that the land law enforcement and supervision departments do not dare to get tough, especially the land and resources law enforcement in the system by the leadership of the local government, the law enforcement means there is no enforcement power, leading to the investigation of land violations of the law in the cases of much interference, resistance.

The land department should give full play to its role in regulating, guiding and safeguarding the management of agricultural land for facilities

How to solve the current problems in agricultural land for facilities?

The development of facility agriculture and the construction of land seems to be a contradiction, in fact, the correct handling of this contradiction is completely possible. The land department in this regard should give full play to regulate, guide and safeguard the three roles.

One is to play a normative role. Facility agriculture and land management are closely linked. In the facilities of agricultural land management, how to categorize, how to handle the approval or filing procedures, there are rules to follow. In recent years, the Ministry of Land and Resources had successively issued a "notice on the promotion of large-scale livestock and poultry breeding related land policy", "Ministry of Land and Resources on the promotion of stable agricultural development and farmers continue to increase income to promote the integrated development of urban and rural areas of a number of opinions", "the Ministry of Land and Resources and Agriculture on the improvement of the management of facilities and agriculture land notice" (Land and Resources issued {2010} No. 155) I should combine the above flag! The spirit of the document and the actual local situation, urgently develop practical operating procedures.

The second is to play a guiding role. Facility agriculture construction by the agricultural department in charge of planning and deployment. In most cases, the agricultural department does not fully consider the special requirements of the land department for the protection of arable land in its operation. Some local governments advocate the construction of facility agriculture as a pretext, ride on the non-agricultural construction unrelated to facility agriculture, intentionally causing the fact of illegal land use. As the land resource management department, through the expansion of publicity, early intervention, adjust the planning, etc., the land for facility agriculture to classify and guide, scientific allocation of land for construction, modern agriculture and tourism industry organically combined, so as to complement each other, **** with the development.

Thirdly, we must play a safeguarding role. For the development of modern agriculture as the goal of the construction of agricultural facilities, the land department should be given priority from the planning, land use indicators and land supply approval; on the contrary, for the construction of agricultural facilities under the guise of illegal occupation of land in the name of the construction of construction, to be resolutely given to combat. In the facilities of agricultural land issues, to let the law-abiding people get benefits, so that lawbreakers pay a high cost. For the historical illegal land that has been formed, it should be categorized and managed differently. Suggestions, for illegal construction in line with urban and rural planning and land use planning, can be punished after the relevant procedures; for the wider, more people and can be adjusted to the planning, planning and step-by-step arrangements for some of the land use indicators, after administrative punishment to complete the formalities; for the violation of the two plans and there is no possibility of adjusting the planning should be resolutely dismantled, leaving no room for manoeuvre. Guarantee to support the development of facility agriculture, standardize the management of facility agriculture land, first of all, should be the management of facility agriculture land policy should be raised to the legal level. Secondly, it should clarify the organizational structure of facility agriculture management, establish the working mechanism of joint meeting of facility agriculture coordination, and formulate stable and unified facility agriculture development planning and facility agriculture construction standards; localities should formulate industrial policies suitable for local development according to the actual situation and determine the scale of various types of facility agriculture occupying land, especially the proportion of land occupied by various types of facility construction therein. Then secondly, combined with the reform of the rural land system, clear refinement of the process of obtaining land, steps, including coordination with land planning and other issues, the development of rural real estate projects in the name of facility agriculture construction, etc., must be investigated and dealt with according to law.

Suggests that on the basis of the existing direct subsidy policy for various kinds of grain, the finance and then set out a special fund to give more subsidies and incentives for grain growing leading enterprises, professional associations, large grain growers and farmers to grow grain; at the same time, suggests that as soon as possible to start the Third Plenary Session of the Seventeenth Central Committee of the Party put forward the "permanent basic farmland protection gold" system, to give grain growers and farmland protection money. Give grain growers and arable land protectors more benefits, in order to narrow the gap between the benefits of growing grain and other cash crops, as well as engage in business, industry, farming, ecological agriculture and other industries, so as to mobilize the enthusiasm of growing grain and protecting arable land. In the public opinion propaganda should adhere to the correct orientation of public opinion, education and guidance of grass-roots cadres and the majority of farmers know the law, in the construction of agricultural facilities and the transfer of land contract management rights, adhere to the principle of unchanged use of arable land. In the construction of agricultural facilities on arable land, try not to build permanent buildings and structures.

In terms of the management of land for facility agriculture, how to build facility agriculture buildings in accordance with the law?

Facility agricultural land should be regulated in terms of land source, investment intensity, scale efficiency, land use standards, land use restrictions, the proportion of land occupied by the facility house and legal responsibility, so that the land department in the law enforcement process has a more direct, more manageable and easier to operate the provisions and protocols.

To build facilities in accordance with the law agricultural housing need to grasp three points: First, in the selection of sites as far as possible not to occupy arable land, pay attention to the protection of the ecological environment. Land units and individuals in the site selection, we must actively apply to the relevant departments, consulting, get approval before building agricultural facilities in accordance with the law. Secondly, when building agricultural facilities on arable land, try not to construct permanent buildings and structures. Whether it is planting or farming, will be affected by the market, the scale and benefits have a certain cycle, the construction of permanent buildings and structures investment, and the land is difficult to resume farming, and ultimately prone to waste of arable land and construction funds, infringement of the farmers' own long-term interests. Therefore, in the construction of agricultural facilities, we should try to use fences, boarding houses and other temporary buildings and structures that are easy to restore the landscape and can meet the needs of agricultural production. Third, we should timely and legally apply for agricultural land reuse procedures. Where the construction of permanent buildings and structures, are beyond the scope of the management of agricultural land, must apply for agricultural land conversion procedures.

Application for the establishment of agricultural industrialization project units or individuals, shall submit the project address and area, four to the scope of the map, land ownership, project type, production varieties, supporting facilities, land layout and other materials, by the township people's government agreed to the flagship agricultural department in charge of the agricultural industrialization project application for the review and filing. The competent agricultural department at the flag level will report to the flag land department for record or approval of agricultural land diversion formalities after examination and approval. For those involving the occupation of arable land, a guarantee of replanting shall be signed, and if the original site cannot be replanted, the arable land shall be replenished separately according to law; and for the land of supporting facilities managed according to the rural collective construction land use, the land shall be organized according to the land management laws and regulations for the approval of the agricultural land diversion and land supply and the right to use the collective construction land use shall be obtained in accordance with law. The production land for agricultural industrialization projects shall be acquired by leasing, subcontracting and other legal means in accordance with the Law on Land Contracting, Land Management Law and other laws and regulations and relevant provisions, so as to effectively safeguard the lawful rights and interests of the land owner and the original right of use. The flag land department will do a good job of land change investigation and registration in a timely manner after the relevant formalities of land for supporting facilities for agricultural industrialization are completed. Law enforcement officers should regularly follow up and verify the real use of the site against the construction situation in a timely manner

How to strengthen the law enforcement and supervision of the facilities of agricultural land, timely detection and correct investigation and handling of illegal acts in the construction of agricultural facilities, it is recommended to strengthen the standardization and management of the facilities of agricultural land from the following aspects.

First of all, targeted publicity of laws and regulations on land use in accordance with the law and provide quality services. Flag Land Bureau, land in accordance with the regional package village responsibility system, into the farm courtyard, in-depth field, in line with the policy provisions, as soon as possible to serve, improve the land use procedures; does not comply with the policy should be clearly informed, timely warning, and pointed out how it should be standardized land use procedures. Secondly, to grasp the standard, tracking and inspection. In practice, some facilities for agricultural land just started construction, regulators are still difficult to figure out what in the end in the construction of what can only be applied by the landowner to self-reporting, but in the construction of regular tracking and inspection of the site, against the site construction in a timely manner to verify its true purpose. Secondly, in accordance with the provisions of the strict management. In the record and approval procedures for agricultural restructuring land, it should be based on the initial planning and design of the land for different identification, according to the type of land for the relevant procedures. Finally, law enforcement and supervision personnel should be in accordance with the law enforcement responsibility system, strengthen the dynamic inspection, timely grasp of the jurisdiction of a variety of construction of the first signs of construction, to be the first time in a timely manner, timely detection, timely disposal of illegal land use.

In law enforcement practice, the following methods can be used to identify the true and false facilities agricultural land. First, pay attention to the subject characteristics of the parties. Generally speaking, the parties are farmers, rural economic cooperation organizations, agricultural enterprises, the development of facility agriculture is more likely. If the parties involved are enterprises or individuals not related to agriculture, the possibility of developing facility agriculture is unlikely. Second, check the site location characteristics. If the site is located in the urban-rural interface with convenient transportation or on both sides of the main highway, it is more likely to be used for non-agricultural construction. Such locations have higher land acquisition costs and are not conducive to the development of planting and farming, and are generally suitable for the development of commerce and industry, with less likelihood of real development of facility-based agriculture. Third, view the characteristics of buildings and structures. Site only circle compound, delayed construction of livestock and poultry houses, not to land leveling, not building irrigation and other facilities, or buildings obviously workshop, residential structure features, a large number of hardened pavement, ground, basically can be judged as a false construction of agricultural facilities. Fourth, check the project's advance preparation. The parties said to carry out the construction of agricultural facilities, the parties are required to provide relevant supporting materials, such as the development of what projects, signed with the relevant units of agricultural production and marketing contracts, facilities and agricultural project design program, layout plans and so on. In general, the parties can not actively provide supporting materials, and even deliberately put off the possibility of engaging in false agricultural facilities construction. Fifth, check the parties and land contractors or land owners signed an agreement on land use. If it is clear that the development of agricultural use, the credibility is higher; if there is no clear any use, the possibility of being used for non-agricultural construction is high; if it is clear as non-agricultural construction land, it can be directly recognized as non-agricultural construction.

Timely detection and strict investigation and handling of illegal land use in the construction of agricultural facilities requires the flag government to the land department to effectively strengthen land law enforcement and supervision work.

Strengthening the land law enforcement information liaison team construction, for land law enforcement and supervision to provide timely and reliable information. Actively seek the support and cooperation of agriculture, water conservancy, forestry and other relevant departments to take the approach of departmental linkage, each in its own way, mutual coordination, the implementation of the whole tracking and management of land projects for the construction of agricultural facilities, joint law enforcement. The transfer of land for agricultural industrialization, subletting and other procedures in strict accordance with the law; unauthorized change of use, engaged in the construction of residential and other permanent buildings and other non-agricultural construction projects land, strictly investigated and dealt with in accordance with the law; in line with the land use planning, investigated and dealt with in accordance with the law, from the full amount of the land transfer price from the strict and high, to provide the right of use of the land for construction purposes by way of concession. If the illegal occupation of basic farmland is serious enough to violate the criminal law, the case will be transferred to the judicial department for handling. The construction of agricultural facilities illegal land use cases, to take early intervention beforehand, in conjunction with the judicial department to the illegal land site to implement evidence preservation, to stop the illegal land use behavior to continue to implement, as far as possible to reduce the illegal land use of economic losses and law enforcement costs.