The so-called confirmation of land and forest land refers to the confirmation and determination of land ownership, land use rights and other rights, referred to as confirmation of rights. The essence of confirming the right is to determine the ownership of land (or a piece of land), the affiliation of the right to use and other rights in a certain range according to the provisions of laws and policies. Ownership of each parcel (cultivated land, woodland, homestead, construction land, water surface, mountainous area, etc.). ) can only be finally confirmed through registration procedures such as registration application, cadastral survey, audit, registration and certification.
Regrettably, according to our long-term investigation in rural areas, grassroots government officials are generally not very active in confirming the rights of land and forest land, and most of them are in a passive state. One of our evidences here is that from the land reform when New China was founded, to the implementation of household contract management in the early 1980s, to the second round of household contract management, and then to the collective forest right reform, it is reasonable and legal to require land to be transferred to households on the basis of the ownership of land and forest land, which should be clear and uncontroversial. However, until today, there are still many places where land and forest land are confirmed, so that the central document 20 10 clearly puts forward that "accelerating the registration and certification of rural collective land ownership, homestead use right and collective construction land use right, and the work funds will be included in the fiscal budget. Strive to use three years to confirm the rural collective land ownership certificate to every peasant collective economic organization with ownership. " In order to implement the requirements of the Central Committee 1, on May 6, 20 1 1, the Ministry of Land and Resources, the Ministry of Finance and the Ministry of Agriculture jointly issued the Notice on Accelerating the Registration and Certification of Rural Collective Land Ownership, acknowledging that "due to the constraints at that time, the registration and certification of rural collective land ownership was generally lagging behind, and the registration and certification rate in some areas was still very low. Most of the rural collective land ownership that has been confirmed is only registered at the level of peasant collectives in administrative villages, and there is no confirmation to every peasant collective with ownership, which is incompatible with the requirements of the central government and the actual needs of rural economic and social development. " The relevant person in charge of the Cadastral Management Department of the Ministry of Land and Resources also admitted in an exclusive interview with reporters: "Local party committees and governments, grass-roots land and resources departments and farmers are not enthusiastic about the registration and certification of rural land ownership."
The first is the negative response of grass-roots governments and their officials to the confirmation of land and forest land.
First, it is not "accurate". According to the experience of Chengdu, the so-called "should be accurate" means that as long as it is rural collective land and structures (buildings) on collective land, except for illegally occupied land and structures (buildings) under construction, it is necessary to register and issue certificates to ensure that there is no "dead corner". However, the certificates of collective construction land use right issued by some places when the right is actually confirmed found that the above information about land is not very accurate and detailed, and the account information such as certificate number, land number, owner, user, plot map, four districts, area, corresponding farmland insurance fund standard and amount is incomplete. In particular, the four boundaries of a piece of land boundary used by the contractor is inaccurate, and some of them are only visual conclusions, and there is no field measurement; Some of them are based on the status quo many years ago, but they have not been revised because of the flood disaster. In addition, farmers' homestead and real estate are generally not confirmed, and farmers will have to deal with this property right in the future, including once the policy allows transfer and mortgage in the future, there is no main basis; In particular, farmers do not have homestead and real estate license, which will affect the smooth appreciation of houses and is not conducive to solving the problem of vacant homestead in many farmers' homes.
Second, there is no right to confirm and issue ironclad certificates. In many places, the collective construction land does not insist on the management of land parcels as the basic unit, resulting in the phenomenon of unauthorized division of land parcels for development and construction, or unauthorized division of buildings into several units to sell property rights according to the original design approved by the planning, which has caused many disputes; In some places, the ownership is not confirmed to the group, and the certificate of rural collective land ownership is not confirmed to the peasant collective economic organization with ownership; In some places, although the right to use has been confirmed to households, the ownership elements of land ownership units have not been investigated and verified, that is, the nature of land ownership, ownership boundaries (including boundary points and boundaries), ownership source documents, the area, location, use and ownership status of buildings on the ground, etc. Many places do not adhere to the large-scale cadastral survey of 1∶500, and the data database is inconsistent with the map, the area is inaccurate, and the ownership is false.
Third, the confirmation of neighboring rights is not standardized. Most of the neighboring rights involving roads and ditches inside and outside the village have not been widely and deeply discussed by the villagers, and the right to use others has not been confirmed when they are quantitatively allocated to households.
Fourth, most of them do not have the right to establish underground resources. The right of underground resources includes special soil, sand and gravel, mineral deposits, etc. For example, ceramics and bricks, and most of them are not confirmed, leaving hidden dangers for future use disputes.
Fifth, the "mass satisfaction" assessed by the third party is not the highest standard. The purpose of confirming rights is to protect farmers' property rights and finally satisfy the masses, which should be the highest standard. Many local governments and their officials said that their work won the support of the masses and the masses were very satisfied. This kind of "Wang Po selling melons and boasting" is actually very suspicious and unreliable. The solution to this problem is to establish a third-party investigation and evaluation mechanism, conduct satisfaction evaluation, improve the dispute mediation mechanism, resolve contradictions and satisfy the masses. Unfortunately, in many places, the "mass satisfaction" assessed by third parties is not the highest standard.
Sixth, the use of land and woodland has not been widely publicized. In many places, only land and forest land certificates are issued to farmers, and the use of land and forest land is not widely publicized. Many farmers just put their warrants at home and put them at the bottom of the box. They don't know what they can do, how to use them, or the real benefits of these certificates.
The negative response of grass-roots governments and their officials to the confirmation of land and forest land is manifested in such problems as "unclear property boundary, unclear ownership, complex contradictions and many problems left over from history" before the confirmation of land and forest land, which have not been effectively solved, but have bred and hidden new contradictions and caused dissatisfaction among the masses.
Second, deep-seated economic reasons
Then, why do the people's governments at or above the county level and their officials who have the power to confirm the ownership and use of land and forest land not actively confirm the ownership of land and forest land, but passively respond?
First, the confirmation of land and forest land is not included in the work of county and township grassroots government centers. Under the omnipotent government system in China for many years, people's governments at or above the township level and their officials have to take care of everything. Many times, without them, "the earth will not turn." However, due to the limitation of personnel, time and energy, township or county people's governments and their officials do not take care of everything. Of course, they will also divide their work into major contradictions and minor contradictions. Generally, people who are grasped tightly, firmly, firmly and firmly by their superiors will often make great efforts to grasp them, otherwise they can only cope passively. In addition, the main task before the township or county people's government and its officials has become the development of economic aggregate, the growth of GDP, and the confirmation of land and forest land can not promote GDP growth, so it can only be placed in a secondary position.
Second, the people's governments at or above the county level and their officials mistakenly believe that the benefits of land and forest land confirmation are not much. People's governments at the township level or above the county level and their officials often consider what benefits they will get from it when weighing and determining their priorities. Generally speaking, people who have a lot of great benefits to themselves can often attract their great attention and focus on them. For example, at present, China still retains the special tax on flue-cured tobacco. The county and township governments in Yunnan flue-cured tobacco-growing areas can not only collect special taxes on flue-cured tobacco, but also get other support from tobacco companies, so they pay special attention to it and regard it as the most important work every year. I have seen it with my own eyes in many township governments that grow flue-cured tobacco in Yunnan Province. Every August, September and June, 5438+00, the central work of township government officials is overwhelming, and almost every official has to participate in the work, which is to supervise villagers to pay flue-cured tobacco to tobacco companies and prevent villagers from selling flue-cured tobacco to foreign companies. Compared with other work with economic benefits, it is not paid so much attention, especially the registration of land and forest land circulation, which not only has no benefits, but also needs manpower, material resources and financial resources, so it is impossible to focus on it. In particular, the confirmation of land and forest land is a very complicated work. People's governments at or above the county level and their officials usually have a lot of other work, so they have no time to go down to the village to do this thankless work.
Third, most county and township governments and their officials mistakenly believe that rural land and forest land have long been confirmed and have not been included in their sight. Since the founding of the People's Republic of China, the changes of land ownership in China have gone through the land reform in the early 1950s (the land of landlords and rich peasants was confiscated and distributed to the poor and lower middle peasants), the advanced cooperatives in the 1960s (the land was added to the cooperatives without compensation), and the land was distributed to households in the early 1980s (15 remained unchanged) and 65,438+. Forest land ownership is similar to land ownership, but forest land ownership changes relatively more. Due to many changes, many people, including county and township government officials, mistakenly believe that the ownership is clear and does not need to be confirmed.
Fourth, a large number of county and township governments and their officials still insist on the old consciousness that rural land and woodland do not need public ownership. The most typical example is the famous saying of Yunnan Qiaojia officials that "the land is given by the party, and farmers can't control it". According to Liu Yiman's article published in Outlook Oriental Weekly on May 25, 20 12, Yang Lihong, the planning director of Qiaojia County Urban and Rural Planning and Construction Bureau, has reservations about the extent of the land acquisition and demolition policy, and told reporters: "Land should be publicly owned, and everyone should have a share. Why is it in the hands of farmers now? Moreover, his land was given to him by the * * * production party, not accumulated a little like in the old society. " According to experts and officials, the land is given by the party, and farmers can't control it. Since the land belongs to the party, there is no need to "confirm the right". Therefore, in the eyes of such officials, rural land and woodland cannot be given to farmers.
Third, resolve to solve the problem of land and forest land ownership.
The first is to further clarify the great significance of rural land and forest land confirmation. Establishing and perfecting a modern rural property right system with clear ownership, clear rights and responsibilities, strict protection and smooth circulation through the registration and certification of rural collective land ownership and use right, effectively solving rural land ownership disputes, resolving rural social contradictions, confirming farmers' land rights according to law and enhancing farmers' awareness of land property rights, especially the whole society, will not only help to effectively safeguard farmers' rights and interests in the process of urbanization, industrialization and agricultural modernization.
The second is from confirming collective ownership to establishing farmers' right to use and transfer. The Notice on Accelerating the Registration and Certification of Rural Collective Land Ownership issued by the Ministry of Land and Resources on May 6, 2065438+0/KLOC-0 is of course very important, but there are many problems in farmers' land use rights and forest land. The proposal is only to make arrangements for clarifying collective land property rights and speeding up the registration and certification of rural collective land ownership. The establishment of the ownership of rural collective land and forest land, and the settlement of the right boundary between villages, this collective and that collective are actually relatively simple. However, the boundary problem of land and forest land contractual management rights among farmers is very complicated, and it is constantly cutting and confusing. As the grassroots cadres lamented when Chengdu confirmed the right, "If you don't confirm the right, it will be calm. As soon as the rights are confirmed, contradictions and disputes have surfaced. " Therefore, it is suggested that local governments, in accordance with the notice of the Ministry of Land and Resources, re-establish farmers' right to use while establishing collective ownership, so as to avoid leaving future troubles.
Third, give full play to the role of villagers' autonomous organizations. There are two distinct ways to register the ownership of rural land and forest land: one is to rely mainly on grassroots government officials and technicians, and local farmers only participate; Second, mainly rely on rural autonomous organizations, local governments and their officials to provide guidance, help and assistance. We agree with the second method. The reason is that farmers are fully capable of doing this important matter that concerns their vital interests. Therefore, we should give full play to the important role of rural grass-roots organizations in registration and declaration, land confirmation, dispute mediation and other work, and mobilize the enthusiasm of farmers to participate.
The fourth is to standardize the existing achievements. At present, the progress of registration and certification of land and forest land ownership and use right is different throughout the country. Where the progress is fast, it is suggested to combine the standardization of national land registration and the mediation of land ownership disputes and carefully check them. Where the ownership certificate of rural collective land is not confirmed to the peasant collective economic organization with ownership, the right to use is not confirmed to the peasants, and the right to transfer the right to use is not confirmed to the transferee, it is necessary to confirm the right as soon as possible, leaving no blank; If the registered parcel is missing or irregular, it should be corrected and improved as soon as possible; If the measurement accuracy of the registered parcel is not enough, it shall be repaired in time; If registration errors are found, they shall be corrected in time.
Fifth, it is included in information management after confirmation. Combine the registration and certification of ownership and use right of rural collective land and forest land with cadastral informatization construction, use modern information technology to speed up the registration and certification of ownership and use right, realize the digitalization of cadastral files, and realize the information management of the registration and certification results of ownership and use right. It is suggested that the Ministry of Land and Resources, together with the Ministry of Agriculture and the State Forestry Administration, establish a national dynamic monitoring and inquiry system for land registration information as soon as possible, gradually realize the real-time updating and dynamic management of land registration information on the Internet, and establish a * * * sharing mechanism so that everyone can find all the information about the ownership of collective land and forest land. Once the right to use and transfer is online, the management level of collective land and forest land ownership, right to use and transfer will be comprehensively improved, and the degree of social service will be greatly improved.
The sixth is to effectively guarantee funds. In view of the financial difficulties of county and township governments in the central and western regions, it is suggested that the central government arrange special funds for the registration of land and forest land ownership. In view of the lack of funds for rural land and forest land reform in some places in previous years, it is suggested that the central government should jointly make up for it. It should be understood that the registration of land and forest land ownership is the greatest stability at present and even in the future, which is very worthy of funding. County and township governments in non-poverty-stricken areas in the central and western regions should, in accordance with the requirements of the central authorities, make overall arrangements, and fully incorporate the funds related to the registration and certification of rural collective land ownership into the fiscal budget to ensure the development of the work.