"fertile land construction project", linking the increase and decrease of urban and rural construction land, comprehensively improving fields, water, roads, forests and villages, and increasing the effective cultivated land area; Concentrate on new construction and resettlement of scattered rural residential areas, build large-area, contiguous high-standard farmland, and optimize the layout of regional land use. Before and after the implementation of "10,000 hectares of fertile land construction project", the registration of relevant land ownership confirmation involves the vital interests of all kinds of property owners of collective land, which is related to long-term social stability. Based on the present situation of collective land property rights in Nanjing, this paper discusses with colleagues the related problems of perfecting the subject of collective land property rights and strengthening the management of land ownership in the construction of fertile land.
1 Status of collective land property rights
1. 1 subject of collective land property rights
1. 1. 1 subject of collective land ownership
Nanjing 1999 to 2003 land use status update survey confirmed that the main body of collective land ownership in Nanjing is diversified, that is, township farmers' collective, village farmers' collective and villagers' group farmers' collective exist at the same time, and the land area ratio of the three is about 1∶3∶96. The collective land property right framework of "three-level ownership and team as a unit" formed during the people's commune period still maintains the relationship of farmers' land property rights in towns, villages and villagers' groups. The legal status of farmers' collective economic organizations needs to be further clarified. At present and for a long time to come, the establishment of rural collective land property rights system should proceed from the reality and long-term development of farmers' collective economic organizations, with township farmers' collectives, village farmers' collectives and villagers' groups as the main bodies of collective land ownership.
1. 1.2 Subject of collective land use right
Collective construction land mainly includes land for villagers' residence, land for enterprises and institutions and land for road traffic. The main body of the right to use the construction land of villagers' homestead is mainly the users who take the villagers' family as the unit (individuals who participate in property inheritance and obtain the homestead) in the farmers' collective economic organizations. The main body of the right to use construction land in enterprises and institutions is complex, some are users who directly use the land, and some are collective land owners. The main body of the right to use land for road traffic construction is generally the collective land owner.
The right to use collective agricultural land is divided into the contracted management right of agricultural land and the right to use private plots (mountains), and the main bodies of the right to use are the agricultural land contractors and farmers of farmers' collective economic organizations respectively.
1.2 Registration and management of collective land property rights
Since 2003, the "Nanjing Collective Land Registration Measures" has been implemented in the whole city. After several years of efforts, the city completed the registration and certification of collective land ownership in 2005, and plans to basically complete the registration and certification of collective construction land use rights by the end of 2009.
1.2. 1 collective land ownership registration management
On the basis of the investigation of land use status in 2003, the collective land ownership was registered and issued. By the end of 2008, the city had issued 68,400 collective land ownership certificates, including 68,000 collective economic organizations of villagers' groups and 400 collective economic organizations of village farmers. Because the main body of the collective economic organization of township farmers is not clear, registration and certification have not been implemented so far.
The full implementation of the registration and certification of ownership rights has clarified the boundaries, location, area and various uses of collectively owned land, laying a legal foundation for collective land owners to safeguard land rights and interests, carry out land contracting in an orderly manner and operate according to law.
1.2.2 collective land use right management (construction land, contracted land, private plot)
The investigation on the land use right of villagers' homestead in the city has been completed. By the end of June 2009, 450,000 homestead use certificates had been issued, and nearly 600,000 homestead registration and certification tasks were completed by the end of the year. The general registration of collective construction land use rights in the city was basically completed, which laid a solid foundation for safeguarding the rights and interests of collective construction land users, standardizing the use behavior of construction land and ensuring the legal circulation of the right to use.
The right to use collective agricultural land includes the right to contracted management of agricultural land and the right to use private plots (mountains). The contracted management right of agricultural land has been registered by the rural work offices of various districts (counties), and the contracted management warrants have been issued, but the right to use farmers' private plots (mountains) has not been clearly defined so far, and it is still blank in property management.
2 collective land property rights adjustment
To implement the "fertile land construction project", it is necessary not only to investigate and confirm the ownership, boundary, location, area and use of all kinds of land before the project implementation, but also to register the ownership, scope, location, use and area of all kinds of land in time during and after the project implementation. Otherwise, the project will be difficult to implement, or land ownership disputes will be left after implementation, and even hidden dangers of social instability will be caused.
According to the overall planning of "fertile land construction project", firstly, the ownership, scope, use and area of all kinds of land within the project planning should be supplemented and investigated. On this basis, according to the scope of each functional area determined in the plan and relevant regulations, the corresponding land ownership scope such as land ownership, agricultural land use right and homestead use right will be adjusted according to law, and various land rights and related responsibilities and obligations will be clarified to ensure the smooth implementation of the project.
2. 1 Complement and improve all kinds of land ownership.
Confirming land ownership, clarifying all kinds of collective land property rights and implementing standardized follow-up management play an important role in safeguarding the land rights and interests of all property owners and rationally distributing the land rights and interests of fertile land. The competent department of land and resources should supplement and improve the definition and confirmation of collective land ownership, collective construction land use right and villagers' private plots (mountains) use right; The competent department of agricultural land contracting shall supplement and improve the delineation of contractual management rights.
2.2 Adjust the scope of all kinds of land property rights according to law.
After the approval of the planning and before the implementation of the project, the "fertile land construction project" must rationally adjust the boundary and scope of collective land ownership and construction land use right according to the specific situation of the land use functional area determined by the project scope and planning.
2.2. 1 Adjustment of the boundary and scope of collective land ownership
The registration and certification of collective land ownership in Nanjing has been completed. Once the plan of "fertile land construction project" is approved, the status of collective land ownership involved can be clear. According to the data of collective land ownership registration and certification, combined with the specific situation of the project, through supplementary investigation, the collective land ownership area and land area of the project area can be counted.
On the premise of clear ownership, combined with the different functional areas of agricultural land and construction land determined by the plan, the government organizations and relevant functional departments will take the lead, with the participation of representatives of collective land owners, to adjust the ownership boundary, and at the same time, perform the corresponding ownership adjustment procedures in accordance with legal procedures and approval requirements.
2.2.2 Adjustment of the scope of collective construction land use right
According to the determined collective land ownership, combined with the scope of the villagers' homestead construction land and the overall layout of the homestead determined by the new resettlement plan, the collective land ownership entity organizes the members of the collective economic organization to implement the allocation of the new resettlement homestead, and determines the specific location and scope of the construction land for each member.
2.2.3 Adjustment and approval of the scope of land property rights
After the announcement without objection, the land ownership adjustment plan shall be submitted to the district (county) government for examination and approval, as the basis for the adjustment of land ownership after the completion of the "fertile land construction project". After the land ownership adjustment scheme is approved by the district (county) government, all collective land owners involved in the ownership adjustment shall jointly negotiate and sign an agreement on the adjustment of land ownership boundaries.
3. Relevant suggestions on ensuring clear ownership of fertile land.
3. 1 On the issue of collective land ownership
Article 10 of the Land Management Law of the People's Republic of China: "If the land collectively owned by farmers belongs to village farmers according to law, it shall be managed by village collective economic organizations or villagers' committees; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns). " In fact, the existing rural collective economic organizations do not have the ability to manage land in a unified way, nor do they have the legal person status in the legal sense, and they cannot independently bear the corresponding legal responsibilities, especially more than two rural collective economic organizations and villagers' groups in the village. Therefore, considering the actual situation of the implementation of the "fertile land construction project" and the needs of future rights distribution and standardized management, in the absence of new provisions in the current laws and regulations, it is suggested that the villagers' groups involved should be taken as units, and the land shares occupied by the villagers should be used as shares, so as to set up a company-based peasant collective economic organization with legal status as the main component of land shares, and completely solve the problem of rural collective organization.
3.2 On the adjustment of the boundary or area of collective land ownership
After the "fertile land construction project" is approved, the boundary of collective land ownership can be adjusted. There are two ways to adjust: (1) according to the planning and design drawings, allocate the confirmed ownership area of each collective organization, locate it on the map, and sign the corresponding border agreement; (2) According to the total area of the project planning scope, collective organizations shall sign agreements according to their respective ownership area shares. The advantage is that the boundary of collective land ownership can be demarcated to the field according to the needs in the future to avoid ownership disputes.
3.3 About private plots (hills), contracted lands and other related land rights and interests
According to the relevant national policies, farmers' right to use private plots (mountains) will remain unchanged for a long time. Therefore, before the implementation of the project, it is necessary to confirm the area of farmers' private plots (mountains) in order to quantify this part of land assets. The quantification of contracted land can be carried out in two ways: ① based on the area of contracted management right; ② Redistribute the contracted area according to the total number of employees of the existing collective economic organizations. Of course, the way to take it must be decided by all employees or representatives of collective economic organizations in accordance with the prescribed methods and procedures. The land increased due to the merger of projects should also be converted into land shares and redistributed according to the number of institutional personnel. In short, the quantification and distribution of land shares should be fair and just, and meet the requirements of entity company management.
3.4 On the allocation and management of homestead
The allocation of homestead should be based on the new resettlement plan, and the boundaries of farmers' homestead should be agreed and implemented within the scope of collective land in accordance with the relevant standards of building layout and homestead area of each household determined by the plan. It can also take the form of centralized and unified construction and rational allocation of housing. No matter what method is adopted, it must comply with the relevant provisions of rural homestead management.
3.5 On the management of fertile land ownership
After the completion of the "ten thousand hectares of fertile land" construction project, the land and resources management department shall implement standardized land property management in accordance with the relevant laws and regulations on land management. First, accurately define the ownership area of collective land. If there is a clear ownership boundary, it should be defined and confirmed. The second is to determine the right to use agricultural land according to the land use contract or agreement, so as to lay the foundation for protecting the respective rights and interests of both parties to the land rights.