According to the law, urban land belongs to the state. Land in rural and suburban areas belongs to farmers' collectives except those owned by the state according to law; Homestead, private plots and private hills are collectively owned by farmers.
Agricultural land can be used for leisure agriculture and rural tourism investment and development, and agricultural land such as general farmland, basic farmland and ecological public welfare forest has room for development and utilization.
Collective farmland development
Cultivated land is mainly engaged in agricultural production to ensure the safety of grain production. In terms of tourism development, in principle, it is not allowed to occupy cultivated land, especially basic farmland as the red line of cultivated land. It is strongly recommended not to touch it, but we can use the policy dividend to obtain a small amount of commercial land. For example, the policy encourages social capital to invest in building high-standard farmland (basic farmland). If the contiguous area reaches a certain scale, a certain proportion of land is allowed to be used for sightseeing, leisure and holiday tourism on the premise of complying with the laws and regulations on land management and the overall land use planning.
At the same time, the project has little impact on the environment, and following the local development plan will promote the local economic development to a certain extent. For the use of other farmland, the local government generally supports it. Social capital can use agricultural land to engage in tourism-related planting, forestry, animal husbandry and fishery production through contracted operation and circulation according to law. This means that we can build some open structures without shielding function without changing the nature of the land, such as Wuxi Pastoral Oriental, and use agricultural land to build leisure agricultural projects such as agricultural parks and outdoor classrooms to provide people with new industrial management forms to experience agriculture, rural areas and farmers.
When leisure agriculture projects meet the land use planning and really need to occupy cultivated land, it can be solved by linking the increase and decrease of urban and rural construction land, that is, reclamation in different places is carried out first, and then it is used as construction land after the quantity and quality are qualified. Different places can be local towns, districts and counties, and they can also be implemented across provinces and regions with the approval of relevant state departments. This will not only ensure that the 65.438+0.8 billion mu of cultivated land will only increase, but also ensure the necessary supply of construction land.
Woodland is the carrier of forest, which has the functions of ecological conservation, windbreak and sand fixation, forestry production and so on. Forest areas with dense forests, beautiful ecology and high concentration of negative air ions can provide opportunities for natural experience and promote public health.
For forest tourism, where is the path of forest land breakthrough? Forest experience and forest health care are the two most popular directions at present. The state encourages the development of various functions of forests and builds forest experience bases and forest health care bases as pilot projects. Judging from the market development, as of July 20 16, there are more than 500 forest experience and forest rehabilitation base construction projects in China, of which more than 50% are located in forest parks, state-owned forest farms and wetland parks, and the pilot work will be carried out year by year during the 13 th Five-Year Plan period.
In terms of land use, infrastructure such as forest experience center, forest rehabilitation center, forest bathing place, explanation trail and fitness trail can be built, but large-scale medical and pension facilities such as hospitals, nursing homes and nursing homes cannot be built in the base.
The implementation of the strategy of "not entering the forest near the forest" for major project planning enables us to rely on the high-quality ecological resources of forest tourism destinations without occupying the construction land index, and arrange the construction projects on the construction land of peripheral towns through the planning and cooperation of local governments. This is also similar to the practice of Xixi National Wetland Park to build large-scale supporting facilities such as Sheraton and Banyan Tree on the periphery of the wetland. If it is really necessary to occupy or requisition or requisition forest land, it must apply to the competent forestry department of the people's government at or above the county level, go through the examination and approval procedures for construction land according to law, and pay the forest vegetation restoration fee.
There are large areas of low mountains and gentle slopes in the vast hilly areas of southern China. The utilization status of these lands is mainly woodland, garden, grassland and sporadic cultivated land (basic farmland), and their respective proportions are different. According to the utilization mode, it can be divided into three categories: suitable for agriculture, suitable for forest (garden) and suitable for construction. Developing construction land is one of the main ways to develop and utilize low hills and gentle slopes.
Taking bare core fort in Moganshan, Deqing, Zhejiang Province as an example, the project adopts the way of "point-to-point land supply and vertical development", and divides the project land into permanent construction land and ecological reserve land, in which the permanent construction land can be supplied as much as possible, and the rest can be used by the project owner through leasing, allocation and trusteeship. Chixinbao only added 12 mu of construction land, and the remaining 80% buildings were rebuilt by renting local farmhouses. More than 200 acres of forest in the park were transferred by villagers, which kept the original appearance and greatly saved the land use index.
Abstract: Under the current land legal system, there are two ways to use agricultural land:
(1) Do not change the nature of the land.
The right to contracted management of land can be transferred by means of transfer, subcontract, lease, exchange, shareholding and mortgage. Because the scope of subcontracting and exchange is limited to the same collective economic organization, social capital can only be transferred by means of transfer, lease, shareholding and mortgage.
② Change the nature of land.
If the construction tourism projects really need to occupy agricultural land, the list system of key projects can be adopted, and major tourism projects that need construction land indicators will be included in the coordination list of construction land, which will be coordinated with the overall land use planning and the annual land use plan, so as to realize agricultural conversion and land expropriation through land use planning adjustment.
Development of collective construction land
Under the existing policy, collective construction land is an important land form for developing leisure agriculture and rural tourism projects. Among them, the proportion of collectively-operated construction land in the total amount of collectively-owned construction land does not exceed 10%, and the pilot areas can directly enter the market. Homestead is the bulk of rural collective construction land and a new space for the development of rural cultural tourism industry. Statistics show that the existing rural collective construction land in China is about 6.5438+0.9 million square kilometers, of which the homestead accounts for about 6.5438+0.3 million square kilometers.
Collective management of construction land
At the end of 20 14, the state began the pilot work of "three plots of land" reform. On the premise of meeting the planning and use control, rural collective construction land can be sold, leased or invested, and can enter the market with the same rights and prices as state-owned land. At present, 33 counties and cities across the country have tried to put collective construction land into the market. As the first cities to participate in the pilot project, Pidu District of Chengdu, Daxing District of Beijing and Deqing City of Zhejiang have accumulated relatively mature practical experience in entering the market.
Taking Pidu District of Chengdu as an example, the use of collectively-operated construction land is controlled, and it is clear that rural collectively-operated construction land can not be used for real estate development, but only for tourism, commerce and industry. From September 2065438 to September 2005, Sichuan Maigao Tourism Company won a piece of land for collective construction in Zhanqi Village, Pixian County, with an area of 13.447 mu and a price of 525,000 yuan per mu. The company has obtained the land use right for 40 years, and plans to build a rural tourism complex project integrating food experience, agricultural sightseeing and leisure vacation.
legal ground
Land Management Law of the People's Republic of China (revised on 20 19)
Article 4 The State practices a land use control system.
The state formulates the overall land use planning, defines the land use, and divides the land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.
The agricultural land mentioned in the preceding paragraph refers to the land directly used for agricultural production, including cultivated land, woodland, grassland, farmland water conservancy land and aquaculture water surface. Construction land refers to the land for building buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land and military facilities; Unused land refers to land other than agricultural land and construction land.
Units and individuals using land must use the land in strict accordance with the purposes determined in the overall land use planning.
Article 9 Urban land belongs to the state.
Land in rural and suburban areas belongs to farmers' collectives except those owned by the state according to law; Homestead, private plots and private hills are collectively owned by farmers.
Article 10 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.
Article 11 The land collectively owned by peasants belongs to the peasants collectively owned by the village according to law, and is operated and managed by the 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; Those collectively owned by peasants who have returned to their hometowns (towns) shall be operated and managed by rural collective economic organizations of townships (towns).
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