The policy of land reorganization and return to the streams, which abolished the system of land tributaries in the southwestern ethnic minority areas and replaced it with direct rule by the central government through the appointment of roving officials and the implementation of the same local administrative system as that in the mainland, refers to the reforms of abolishing the system of land tributaries and setting up the governance of roving officials in the southwestern areas in a large scale in the period of Yongzheng of the Qing Dynasty.
The land reform and return to the stream strengthened the Qing government's management of the local ethnic groups in the Southwest, promoting local economic development and social progress, is a unified multi-ethnic feudal state governance, territory development and consolidation of important policies, at present, China's collective land transfer of laws and regulations are mainly the management of the transfer of the right to manage the contracted land management in the rural areas, rural land contracting law, and other laws.
Social background
The Yuan Dynasty in the southwest region created the Tusi system. The Yuan Dynasty was a centralized regime established by the border ethnic groups to dominate the central plains. The ruling class was seriously short of administrative talents, but it was not assured of appointing Han Chinese scholars, especially to govern the southwestern borders with them. Therefore, unlike the tie-ups set up by the Tang Dynasty, the Yuan Dynasty set up a system of "autonomy" for the Tusi in the southwestern region, which was the most remote area from the political center of the dynasty, not only as a political and cultural compromise with the tribal leaders in the southwestern region, but also as a means of restraining the Han Chinese.
The Tusi system was a means of enlisting the leaders of the natives of the southwestern border areas that the central government was unable to take into account, and it recognized the hereditary status of the leaders of the ethnic minorities and gave them official titles in order to rule indirectly, so that the edicts of the central government of the imperial court were not really carried out in practice.
Under the Tusi rule, the land and the people are hereditary ownership of the Tusi, the Tusi each formed a sphere of influence, judicial, financial, administrative, military affairs can be autonomous, for the local people to take what they want, hold all the power of life and death, in addition to not being able to ascend to the throne of the emperor, and everything else is even compared to the emperor, but also only need to symbolize the payment of a meager amount of taxes to the imperial court.
In view of this, after the Yuan Dynasty, the Ming Dynasty from the beginning only part of the continuation of the Tusi system. According to the size of the area under the jurisdiction of the hereditary tusi, the Ming Dynasty first set up three kinds of civil official positions: tusi governor, tusi prefect, and tusi county. This setup somehow incorporated the Tusi into the official system of the Ming government, weakening its local color and strengthening its administrative color. This created conditions for the later implementation of the "reclassification" in the southwestern region of Yunnan and Guizhou, that is, the hereditary land tribesmen were changed to mobile officials appointed by the court, and strengthened the court's control over the southwestern borders.
Legal Basis
"Opinions of the Ministry of Agriculture on Carrying Out the Pilot Work of Registering the Right to Operate Rural Land Contracts"
In order to implement the requirements of the central government in recent years on carrying out the pilot project of registering the right to operate rural land contracts, and to do a good job of pilot project of registering the right to operate rural land contracts, we hereby put forward the following opinions on the relevant issues.
I. The significance of carrying out the pilot work of registration of the right to contract management of rural land
The two-tier management system based on family contracting and combining the unification and division of management is China's basic management system in rural areas, and it is the cornerstone of the Party's rural policy. The Party and the State have issued a series of laws, regulations and policies to stabilize the relationship between rural land contracting, which have been conscientiously implemented in all areas, confirming the rights of farmers to possess, use and benefit from the contracted land in accordance with the law, and the majority of the farmers have obtained the right to contract and operate the land on a long-term basis with guarantees. As a result of special historical conditions, land contracting in most places is characterized to varying degrees by problems such as inaccurate plots, unclear boundaries and inaccurate areas, which have led to many disputes and controversies. Through the pilot, to further improve the management of land contracting, explore and improve the rural land contract management right registration system, is of great significance.
One is the inevitable requirement of a sound socialist market economic system. Clear attribution, strict protection, smooth transfer of property rights system is the basis of the socialist market economic system. Under the premise of adhering to the collective ownership of rural land, according to the law to give and safeguard the farmers' land contract management rights, is an important element of a sound socialist market economic system, but also the basis for the development of rural market economy. Carrying out pilot registration of land contract management rights, further exploring effective ways and means of recognizing farmers' rights to possession, use and income from contracted land in accordance with the law, clarifying the attribution of land contract management rights, and strengthening the management of property rights registration will provide a strong safeguard of property rights for the sound development of the rural market economic system.
The second is the objective need to consolidate the basic rural management system. Consolidation of the basic rural management system, the key is to give farmers more fully and secure land contract management rights, the core is to maintain the existing land contract relationship is stable and long-lasting. The registration of rural land contract management rights is a basic means for the State to clarify the ownership of land contract management rights and to maintain the stability and permanence of existing land contract relations. Carrying out the pilot registration of land contract management right, exploring the registration and management of the establishment, change, transfer and loss of land contract management right, establishing and improving the land contract management right register, fully implementing the contracted plots, area, spatial location and ownership certificates to the households, and reinforcing the status of the contracted farmers as the main market body and the basic status of the contracted family management will provide a strong system for the consolidation of the basic management system in the countryside. The government is also working on the implementation of a new system to ensure that the basic rural management system is strengthened.
Thirdly, it is a fundamental requirement to safeguard the legitimate rights and interests of farmers in land contracting. Contracted land is the most basic means of production and the most reliable livelihood security for farmers, and the right to contract land management is the most important property right and material interests of farmers. In the process of urbanization and industrialization, it is important to prevent infringement of farmers' rights and interests in land contracting from occurring, and to avoid adverse effects on the harmony and stability of rural society. The registration of land contract management rights is a fundamental measure for clarifying the ownership of land contract management rights and settling disputes; land contract management rights registration documents are key evidence for mediating land contract management disputes. Carrying out pilot registration of land contract management right will provide a strong basis for resolving rural land contract management disputes and safeguarding the legitimate rights and interests of farmers in land contracting.
Fourth is the urgent need to solve the real problem of rural land contracting. The existing land contract relationship is in a round of contract on the basis of the formation of extended contract, coupled with the contract period in rural areas according to the traditional habits of adjusting the contracted land and economic construction of the contracted land, etc., the original confirmation of the land contract situation and the actual land contract situation there is a certain degree of error. At the same time, due to factors such as the heavy burden borne by farmers at the time, a small number of farmers did not receive their contracted land or had their contracted land taken back in violation of the law, and the rights of farmers to contract land in a small number of peri-urban areas and in places where land is frequently expropriated and occupied have not been realized. Failure to resolve these problems will not only affect the authority of the State to confirm and issue certificates of land contracting, but also adversely affect the stabilization of existing rural land contracting relationships and their permanence, and there is an urgent need to implement the rights of farmers to contracted land to the household level through the registration of the right to register the right to land contracting and management. Carrying out the pilot registration of land contract management right will provide the necessary practical experience to properly solve the practical problems of rural land contracting.