First of all, clear the specific ownership of farmers' collective land.
According to the theory of real right, land ownership is a complete real right, including possession, use, income and disposal. Only the subject of real right has complete ownership. The collective land ownership of farmers stipulated in the current laws of our country does not clearly stipulate the constitutive requirements and operating principles of farmers' collective as the main body of land ownership, the boundary and status of property rights representatives and executors, and the interests of farmers' collective and farmers' individuals. This kind of peasant collective land ownership is incomplete. Since the definition of rights is the basic premise of land property right transaction and the right holder's access to benefits, only by truly owning land ownership and the corresponding right to use and dispose of land can farmers truly have the right to know and participate in the process of land expropriation, prevent the occurrence of arbitrary land expropriation violations, and truly protect farmers' legitimate interests. Therefore, it is necessary to clearly define the dominant position of farmers' collective economic organizations and admit that farmers' collectives have the same dominant position in the market as other social legal persons. By amending the relevant laws, it is clearly stipulated that farmers' collective land is sacred and inviolable property, and farmers' ownership and disposal rights of land are strengthened to fundamentally protect farmers' land rights and interests.
Second, improve the power of land contractual management rights.
By improving the power of land contractual management right, farmers' rights of possession, use and income of contracted land are guaranteed according to law. The current land contract law does not provide a legal basis for the mortgage of contract rights. Allowing mortgage will enable farmers to enjoy their land rights more fully and safely, which is conducive to realizing the equal rights of rural land and urban land. Therefore, farmers should be given the mortgage right to contract land during the contract period. At the same time, revise and improve the rural land contract law, give clear restrictions on land adjustment, and list in detail which "special circumstances" can be used as the basis for land adjustment; Design and issue a unified land contract and land certificate, and incorporate them into the core provisions of the rural land contract law; Introduce land registration regulations and establish a rural land registration system; As the Law on Arbitration of Rural Land Contract Management Disputes is about to be promulgated, we will continue to improve the implementation rules for resolving land contract disputes and set about establishing an arbitration commission. The new land registration method, which came into effect on February 1 2008, highlights the protection of property rights that treat urban and rural land rights equally, and clearly stipulates that legally registered state-owned land use rights, collective land ownership rights, collective land use rights, land mortgage rights and easements are protected by law, and no unit or individual may infringe upon them. It is necessary to do a good job in the registration and certification of rural land ownership in accordance with the decision of the Third Plenary Session and the requirements of the new land registration method.
Third, establish and improve the circulation market of land contractual management rights.
The circulation of land contractual management right is essentially a market behavior. The main body of circulation is farmers rather than cadres, and the mechanism of circulation is the market rather than the government. In the circulation of land contractual management right, the main functions of the government are to provide public services and conduct market supervision, and the work should focus on two aspects: First, strengthen the management and service of land contractual management right circulation. Establish and improve the land contractual management right circulation market, set up the land contractual management right circulation management service organization, strengthen the release of land circulation information, establish circulation files, improve the circulation intermediary service mechanism, price formation mechanism and dispute mediation mechanism, promote and standardize the land contractual management right circulation, and form new agricultural productivity. The second is to improve the external environment for the transfer of land contractual management rights. Encourage farmers to transfer land contractual management rights from promoting the transfer of rural labor force, establishing rural endowment insurance system and giving preferential policies; From the aspects of financial services, technology promotion, land use, electricity and water policies, comprehensive agricultural development, industrial management, infrastructure construction and other project arrangements, support all kinds of agricultural business entities to transfer land contractual management rights.
Fourth, promote the reform of land acquisition system and improve the compensation mechanism for land acquisition.
First, strictly define public welfare and operational construction land, and gradually narrow the scope of land acquisition. The relevant laws of our country clearly stipulate that the state can requisition land according to law for the needs of public interests. However, unlike foreign mature practices, China's Constitution and related laws have not clearly defined the public interest. Relevant laws should be revised and improved, the scope and judgment standard of public interest should be defined, and the state land expropriation right should be strictly limited to the scope of "public interest". In the absence of a clear definition of public land and non-public land in the current law, the roles of planning, land management and use control should be strengthened in the reform of land management system.
The second is to establish a reasonable land acquisition compensation and benefit sharing mechanism. From a practical point of view, the compensation standards for land expropriation in some economically developed areas have broken through the provisions of the Land Management Law on multiple of output value, and some individuals have even begun to make resettlement compensation according to or close to the market price of the expropriated land. In some cities in Guangdong Province, the compensation standard for land expropriation has completely deviated from the practice of multiple of output value, and instead, compensation fees are determined according to land location and economic development, regardless of the original land use. It is necessary to sum up experience, adopt the market mechanism, link the land acquisition price with the market price, compensate the landless peasants according to the market price of the expropriated land, and ensure that the value-added benefits in the process of land expropriation and use are reasonably distributed among the state, the collective and the peasants.
Third, in the process of land expropriation, we should protect farmers' right to know, participate, supervise and appeal, gradually establish and improve the coordination and adjudication mechanism of land expropriation compensation disputes, and provide farmers with legal aid. In view of the practice that land management departments and village committees often negotiate and decide to levy compensation, we should improve the consultation mechanism so that farmers can directly send representatives to participate in the consultation and better safeguard their own interests. In the judicial process, judicial review should be introduced into the dispute settlement mechanism of land expropriation. For example, in resolving disputes over land acquisition compensation, judicial review should be strengthened, and the court, an independent third party, should be introduced to conduct public hearings to avoid the phenomenon that the government is both an athlete and a referee on such issues.