What exactly are the problems encountered in the process of rural land titling? How to solve
Rural collective land rights registration and licensing is an important basic work related to the economic and social development of rural areas, is an important measure to consolidate the foundation of agricultural and rural development. The Ministry of Land and Resources, the Ministry of Finance, the Ministry of Agriculture "on accelerating the promotion of rural collective land rights registration and licensing work notice" (Land and Resources Development [2011] No. 60, hereinafter referred to as No. 60) issued, the Guangdong Provincial Government at all levels and the land, finance, agriculture and other departments to seize the opportunity to work closely with the rural collective land rights registration and licensing of the climax of the work was quickly set off, will be listed as a key work of the government at all levels and relevant departments. The work has been listed as the key work of governments at all levels and relevant departments, and has been pushed forward with all efforts. At present, Guangdong Province has fully completed the work of confirming and registering the right to issue certificates for rural collective land, which has strengthened the foundation of rural land management. I. Focusing on land contract management rights, actively carrying out the work of confirming and registering rural land rights and issuing certificates The confirmation of rural land rights is an important basic task for accelerating the reform and development of rural areas in the new period. Carry out rural land rights, is the "Rural Land Contract Law" "Property Law" and other laws and regulations of the statutory requirements, is the central government on the "three rural" work of the major deployments, is in accordance with the law to protect the farmers of the arable land transfer of contracted management rights of the important initiatives, is to promote the standardization of the land transfer, to promote the land of the appropriate scale of operation, the development of modern agriculture objective needs, is to deepen the reform of the rural property rights system, is the first time to carry out the work of the rural land rights. It is also an effective way to deepen the reform of the rural property rights system, the reform of the land acquisition system, and to increase the property income of farmers. Over the past year, the Party committees and governments at all levels in Guangdong Province have placed the pilot work of confirming and registering land ownership in a prominent position, implemented responsibilities at all levels, and planned and promoted the work in a coordinated manner. As an important hand in deepening the reform of the "three rural areas", it has earnestly fulfilled its responsibilities, strengthened investigation and research, widely publicized and mobilized, and mobilized the enthusiasm and initiative of all parties to vigorously promote the pilot work. (A) the introduction of the implementation program, the establishment of two working mechanisms, *** with the promotion of a good working situation. Guangdong Province has issued the Implementing Opinions on Guiding the Orderly Transfer of Rural Land Management Rights for the Development of Agricultural Adaptive Scale Operations, the Implementation Plan for the Establishment of Registration and Certification of Rural Land Contracting Rights in Guangdong Province, and the Implementing Measures for the Management of Archives of the Establishment of Registration and Certification of Rural Land Contracting Rights in Guangdong Province. In addition, the Technical Operation Specification for the Work of Confirmation and Registration of Rural Land Contracting and Management Rights and the Flow Chart for the Work of Confirmation and Registration of Rural Land Contracting and Management Rights have been formulated to provide policy guidelines for localities in the area of confirming and registering and issuing rights and certificates. Some municipalities and pilot units have also formulated corresponding implementation programs in the light of actual practice. Two working mechanisms have been established. The first is the establishment of a mechanism for leading and coordinating the work of confirming rights. A joint meeting system has been established to confirm and register the right to operate rural land contracting, with the leaders of the provincial party committee and the provincial government acting as the convenor, and the member units including 12 provincial departments, with the office of the joint meeting located in the Provincial Department of Agriculture, which has formed a good working situation in which each unit has its own responsibility, and collaborates and cooperates with each other to promote the work of the **** together. Among the pilot units, 18 counties and 5 towns have set up a leading group headed by party and government leaders to confirm the right to register and issue certificates, and 1 town has established a joint meeting system to strengthen organizational leadership and coordination. Second, a mechanism has been established to investigate and resolve land-related disputes. Each place to confirm the right to register and issue certificate as an opportunity, and constantly establish and improve the village mediation, county and city arbitration, judicial protection of the land contract management dispute mediation system, through democratic consultation, mediation and arbitration, judicial litigation way way to resolve disputes in the local, the contradiction at the grassroots level. (b) Vigorously carrying out publicity, training and research, and promoting in-depth work on confirming and registering rights and issuing certificates. In terms of publicity, a public service video on confirming rights was produced and broadcast on Guangdong Television, a column on confirming rights was opened in newspapers such as the Southern Daily and the Southern Rural News, a wall chart on confirming rights flow charts was designed and produced, an open letter on confirming rights was sent to farmers, a booklet of 60 questions and answers to questions about the work of confirming rights was issued, and a series of farmer drawings on confirming rights was designed for publicity purposes. More than 1.2 million copies of publicity materials on land titling have been distributed throughout the province. In terms of training, the province's rural land rights training courses have been organized several times for the leaders in charge of each prefecture-level city, the directors of agricultural bureaus, and the secretaries (or county chiefs) of counties (cities and districts). The province's cumulative total of 38,300 people at all levels of training, for the right to work to provide the talent team support. Research, organized by the Provincial Party Committee Agricultural Office, the Provincial Department of Agriculture, the Provincial Development Research Center, the Provincial Academy of Agricultural Sciences, South China Agricultural University, etc. went to the Pearl River Delta region to carry out the right to carry out thematic research on registration, from different perspectives to carry out the right of the collective economy in rural areas and regulatory methodology, the right to confirm the rights of rural land and other major topics of research. (C) carry out work supervision and establish a sound dispute mediation system. Firstly, the work of confirming rights has been pushed forward with all efforts. It has established a system of linking cadres to 24 pilot units for confirming rights, strengthening operational guidance to the contact points, requiring regular or irregular inspections of the work of confirming rights at the contact points, and urging the contact points to implement responsible measures to ensure the smooth implementation of the work of confirming rights. Second, the implementation of the progress notification system. The work bulletin is compiled and published to report on work dynamics, publicize advanced models, promote experiences and practices, and study and discuss problems. At the same time, a monthly notification has been implemented to promote the speeding up of the work through "watch list management". Everywhere to confirm the right to register and issue certificates as an opportunity to continue to establish and improve the village mediation, county and city arbitration, judicial protection of land contracting disputes mediation system, through democratic consultation, mediation and arbitration, judicial litigation way way to resolve disputes in the local community, the contradiction at the grassroots level. According to statistics, since the implementation of the land rights registration and certification work, around the successful resolution of land ownership disputes, transfer disputes, special groups want land and village collective adjustment of contracted land and other land-related stock disputes 1,325 cases, of which 171 cases of mediation and ruling of the Arbitration Commission, village mediation 1,154 cases, the rights of the process did not produce new contradictions and disputes or cause group petitions and letters. (d) Improve the management of land contracting and management, and grasp the rural land contracting and management rights to confirm the registration and certification of rights. Do a good job of rural land rights, is conducive to the establishment of belonging to a clear, strict protection, smooth flow of rural property rights system; is conducive to strengthening the contracted farmers of the market subject position and the basic position of the family contracted management; is conducive to the clear attribution of the right to land contracted management, for the settlement of disputes over the management of land contracted, and to safeguard the legitimate rights and interests of the farmers of the land contracted to provide a strong basis for the original. According to the deployment of the central government, since 2011, Guangdong Province has carried out the pilot project of confirming and registering the right to operate on rural land in Yuancheng District of Heyuan City, Yunan County of Yunfu City, Jiaoling County of Meizhou City, Yangshan County of Qingyuan City, and Gaoyao County of Zhaoqing City, etc. By the end of April 2014, the pilot project was launched by deploying 18 counties and 6 towns in a whole system. Since the pilot work of confirming and registering the right to issue certificates has been carried out, under the great importance attached by the provincial party committee and provincial government and vigorously promoted, all parts of the province have been advancing steadily and orderly in accordance with the established timetable and roadmap. At present, the province has 77 counties (cities and districts) 326 townships and 3,500 administrative villages started the work of land rights, completed the actual measurement of the area of 2.42 million acres, involving contracted plots of 3.31 million, the issuance of contracted business right certificate 67,900 copies. Among the 24 provincial pilot units, 263 towns and 2,884 administrative villages have started the work of confirming the right to land ownership, completed the measurement of an area of 2.13 million mu, involving 2.72 million contracted plots, and issued 58,000 certificates of the right to contract and operate rural land. Pilot counties such as Dongyuan in Heyuan, Jiaoling in Meizhou, Deqing in Zhaoqing, Yangshan in Qingyuan, and Sanshui in Foshan have basically completed the task of confirming the right to external measurement. (e) Revitalizing land resources and actively and steadily promoting the transfer of rural land management rights. In recent years, Guangdong Province has conscientiously implemented the Rural Land Contracting Law and relevant policies and regulations, continuously strengthened the management of rural land contracting and services, and actively guided the transfer of farmers' land contracting rights in accordance with the principles of lawfulness, reimbursement and voluntariness, and reasonably guided industrial and commercial capital to the countryside to develop planting and raising businesses suitable for entrepreneurial operations, promoting various forms of moderate-scale agricultural operations and improving the output rate of agricultural land and the operating efficiency of agricultural production. In 2014, the province transferred 8.52 million mu of land contract management rights, accounting for 29.2% of the family contract area. Main practices: First, publicity and training to promote the work experience. Adopting multiple forms and channels to vigorously publicize relevant laws and regulations, and carrying out business training to ensure that cadres at all levels accurately grasp the policy on the transfer of the right to operate land contracting and improve the level of business. Summarize and promote the experience and practice, and provide reference for promoting the work in different places. The second is to carry out the right to register and issue certificates to strengthen the foundation of the transfer. The work of confirming the right to register and issue certificates has properly solved the problems of unclear area of contracted land plots and unclear four directions. Third, the establishment of a sound transfer service market, build transfer platform. At present, the province has set up various types of rural land transfer service centers 763, for the smooth land transfer channels, standardize the land transfer behavior plays an important role. Fourth, improve the flow of security mechanisms to ensure that the flow of norms. In accordance with the "Opinions on Guiding the Orderly Transfer of Rural Land Management Rights and Developing Agricultural Adaptive Scale Operation" (GD [2015] No. 28) issued by the provincial government, the provincial government has actively guided the orderly transfer of land management rights. Uniformly formulate transfer contracts and standardize transfer behavior. Fifth, cultivate a variety of management main bodies to realize moderate-scale operation. Encourage farmers to form rural land shareholding cooperatives or farmers' professional cooperatives. Guide leading agricultural enterprises, farmers' professional cooperatives and other actively undertake the voluntary transfer of land from farmers, local absorption of farmers' employment, drive farmers to increase their incomes. By carrying out the pilot work, the province around the proper solution to the farmers contracted plot area is not allowed, four unclear, ownership is not clear, the registration book is not sound and other issues, to strengthen the farmers contracted land management rights of property protection on a solid step, effectively resolve some of the land contracting legacy problems, consolidate the deepening of the foundation of the agricultural and rural reforms for the next step in the next step of the smooth spread of the right to confirm the registration of the issuance of evidence to clear the bottom line, and accumulated experience, Laid the foundation for the next step in the smooth rollout of the registration of rights, accumulated experience and laid the foundation for the promotion of economic development in agriculture and rural areas and social harmony and stability in rural areas. Second, the main problems of rural land rights Currently, rural land contract management rights in Guangdong Province, the right to confirm the work is still facing a lot of problems and difficulties, mainly in the following areas: First, in the level of ideological awareness, grass-roots leaders and cadres still have ideological concerns, the peasant masses of the confirmation of the work of the right to a lower degree of cognition. At present, many grass-roots leaders and cadres, and even some of the city and county leaders and cadres, the understanding of this work is not in place. Some places, especially the main party and government officials still exist to varying degrees of "three fears", that is, the fear of confirming the right to work will cause the concentration of long-accumulated contradictions in the countryside, the fear of confirming the right to work will increase the difficulty of the future land acquisition work, the fear of confirming the right to work on the original has been transferred to the land management rights of the operators to have impact on the work, and therefore to promote the work of confirming the right to work is not active, not active, slow to act. Therefore, they do not take the initiative, are not active, and are slow to act, which has become the biggest obstacle to the work carried out in some of the pilot counties (towns). The grassroots cadres in the Pearl River Delta region and the eastern part of Guangdong Province still have serious concerns about stability and fear of chaos, and are generally cautious about the work of confirming the right to land in rural areas; publicity work is not proactive enough, and the pilot work is relatively passive; there is a stark contrast between the public's "desire" for confirming the right to land and the government's "concerns" about confirming the right to land. The "desire" of the masses for confirming the right and the "concern" of the government for confirming the right form a sharp contrast. Secondly, at the level of policies and regulations, how to adhere to the principle of ensuring that land is the mainstay is a major issue that needs to be addressed in the work of confirming rights in the core areas of the Pearl River Delta (PRD) and the outskirts of many cities and towns. For historical reasons, these areas have not strictly implemented land management and contracting policies, the existing land contracting and management relationships are intricate and complex, the proportion of non-agricultural use of agricultural land is high, and farmers have a strong will to confirm the right to land to the household. The "human-land conflict" is also more prominent in these areas, with special groups such as early returnees, "married women" and "men who have gone into the family" competing for land, while the reality is that there is no land to be divided up. In addition, in some places, land-contracting relationships are constantly being adjusted during the contracting period, which, although not in accordance with the provisions of law and policy, is recognized by the public as a fait accompli. Individual local village collectives have exceeded the standard for reserving motorized land for long periods of time on the grounds of maintaining public **** expenditures, competing with the people for profits. These have increased the complexity and arduousness of the work of confirming rights registration and certification. Third, at the level of system design, there is an urgent need to use systematic thinking, the concept of the whole region to be considered in a holistic manner, and the need for inter-departmental division of labor, close cooperation to be coordinated and promoted. Confirmation of rights registration and certification work involves a wide range of local conditions, towns and towns are different, villages and villages are different, specific work encountered in the problem, due to the impact of the superposition of historical and practical factors, intricate and complex, with a standard, a model is not likely to be well resolved. Many problems involve various aspects, and it is difficult to rely on a single department to coordinate and deal with them. For example, how to establish the rights of arable land in the core area of the Pearl River Delta (PRD) and in the suburbs of some cities that has actually changed its use may involve various aspects such as the land requisition system, the transformation of the "three olds", the system for distributing the proceeds of the collective economy, and the system of social security for landless farmers, etc., and solutions must be examined in an integrated manner through departmental coordination. It is necessary to study the solutions in an integrated manner through the linkage of departments. In addition, supporting measures for the rural property rights system and rural governance must be followed up at the same time. Fourthly, at the level of concrete work, there is an urgent need to coordinate the implementation of financial subsidies for cities and counties and 1:2000 aerial image maps. Guangdong Province, arable land with complex topography and geomorphology, fragmented and scattered plots of land, the cost of confirming the right is high, especially in the relatively financially constrained northwestern and eastern regions of Guangdong Province to confirm the right of arable land more than the financial requirements of the large investment. Although the national financial subsidy is 10 yuan per mu, and the provincial financial subsidy is also clear, except for the Pearl River Delta region, the counties (cities and districts) are subsidized at the rate of 10 yuan per mu (7 yuan per mu for Jiangmen Kaiping and Taishan), the funding gap for confirming the rights of the counties (cities and districts) of the northwestern and eastern regions of Guangdong is still relatively large. In addition, in accordance with the requirements of the national regulations and standards, the need for 1:2000 aerial photography image map as the basis for the basis, but the previous pilot work in many areas mainly take small aircraft shooting to obtain image maps, shooting high cost, difficult to guarantee the quality of work progress is slow, the urgent need to organize a unified as soon as possible aerial photography, free of charge to provide the use of. After coordination and efforts, the province's unified aerial photography work has begun to start. Third, the next step in the land rights work of the views and recommendations of the right to registration and certification is the current deepening of agricultural and rural reform, and promote the stable development of rural areas of the top priority. Guangdong Province will continue to implement the provincial government's deployment arrangements, conscientiously perform their duties, highlight the problem-oriented, in-depth investigation and research, fully mobilize cadres at all levels and the enthusiasm and initiative of the masses of peasants, the formation of synergies of work, the rural land contracting and management rights to grasp the work of the right to grasp the thorough and really do "really right, issued iron certificate "so that the farmers ate the" pill of confidence ". (A) improve the right to supervise and inspect the system, strengthen the right to supervise and guide the work. The establishment of a sound system of report, supervision and inspection and acceptance of the results of the work of confirming the right to register and issue certificates, and effectively strengthen the supervision and inspection of the work of confirming the right to organize the first to complete the task of confirming the right of the pilot unit for acceptance of the results at the appropriate time. It has guided localities to organize and carry out, in strict accordance with the deployment requirements of the Central Government and the provincial party committee and government, the work of inventorying land contract files, investigating the right to land contracting, improving land contracting contracts, establishing and improving registration books, issuing certificates of land contracting, promoting the construction of the land contracting and management right information application platform for industrial land, and establishing and improving the archive management system. At the same time, it has urged and guided localities to establish and improve dispute mediation mechanisms, rely on the work of confirming rights to resolve the stock of land disputes, and resolutely prevent the emergence of new contradictions, so as to ensure that the work of confirming rights moves steadily and quickly, and to let the results of confirming rights be recognized by the masses and stand up to the test of history. (b) Continue to grasp the work of confirming and registering the right to land contracting and issuing certificates, and promote localities to speed up the progress of the work of confirming the right to land contracting and management rights. We will further strengthen categorization and guidance, and push localities to clarify the timetable and roadmap for confirming rights as soon as possible. On the premise of maintaining stability, respecting public opinion, acting in accordance with the law and regulations, focusing on confirming land, and ensuring quality, promote the acceleration of the progress of confirming the right in northwestern and eastern Guangdong, with more than 50% of the contracted land to be subject to confirming the right in 2015; supervise the core area of the Pearl River Delta to strictly grasp the scope of confirming the right to confirm the shares but not the land, and select a number of streets (villages and households) to explore the feasibility of confirming the right to confirm the shares on a pilot basis, identifying breakthroughs and finding the right to confirm the rights of the shareholders and the land. (c) Establishing a pilot scheme to identify breakthroughs and testing the deep waters of land titling in the Pearl River Delta region. (c) Establishing a sound service system for the transfer of land contract management rights. To establish a sound service system for the transfer of rural land contracting rights at the county (city and district), township (town) and village levels that is free of information, efficient in operation and standardized in service, to innovate the institutional mechanism for agricultural management, and to encourage the flow of farmers' contracted land to the main bodies of moderate-scale rural operations. Encouragement has been given to resolving the fragmentation of contracted land parcels by means of mutual exchange. Farmers are guided to carry out swaps and land mergers on a voluntary and mutually beneficial basis, to promote the moderate-scale operation of rural land, and to promote the transformation and upgrading of agriculture. (d) Conducting in-depth policy research and strengthening the dispute arbitration system. Collect and sort out major policy issues encountered in the pilot work, strengthen analysis and research, and plan countermeasures. Further improve the village mediation, county and city arbitration, judicial protection of rural land contract management dispute mediation system.