"New countryside" should include five aspects, namely new buildings, new facilities, new environment, new farmers, and new fashions. These five are indispensable, and together they constitute the category of the "new countryside" of a well-off society. Socialist "new countryside" is closely related to building a harmonious society and a well-off society.
New houses
"New houses" means that rural areas should build residential houses with different ethnic and regional customs according to local conditions, and the construction of houses should meet the requirements of a "conservation-oriented society" and reflect the Features that save land, materials and energy. He criticized the "peasant mansions" that have appeared in some rural areas in my country's southeastern coastal areas. They appear to be wealthy and elegant, but in fact they are a waste of land and resources. When building new residential buildings, management should be strengthened, planning should be unified, and new economical technologies should be widely adopted.
New facilities
"New facilities" means improving infrastructure, including roads, water, electricity, broadcasting, communications, telecommunications and other supporting facilities. Allowing modern rural residents to enjoy information civilization is an important "hardware" for the new countryside and often becomes the basic "bottleneck" that restricts the construction of a well-off society in rural areas.
New environment
The "new environment" is mainly reflected in a good ecological environment and a beautiful living environment. In particular, environmental sanitation processing capabilities must reflect the characteristics of the new era. For example, in rural areas, domestic garbage areas, sewage ditches, toilets, and livestock and poultry housing should be planned and constructed in accordance with sanitary standards. This is also the main gap between my country's rural areas and those in developed countries.
New farmers
For "new farmers", it is not enough to have new facilities and environment. The key is to have new farmers with modern qualities, that is, "four farmers". Ideal, cultured, moral and disciplined. In terms of rural education, farmer training and cultural and moral construction, our rural areas have a long way to go. The per capita education of farmers in my country is only 7.3 years, and more than 40% have not received nine years of compulsory education.
New Fashion
"New Fashion" means changing customs, promoting a scientific, civilized and legal outlook on life, and strengthening the construction of socialist spiritual civilization in rural areas.
Who will build the new rural houses
Financing channels for new rural construction
1. Central special funds--the national agricultural support funds will reach 339.7 billion yuan in 2006 From 1998 to 2003, the central government’s direct expenditures on agriculture, rural areas and farmers totaled more than 935 billion yuan. It was 262.6 billion yuan in 2004 and reached 297.5 billion yuan in 2005. In 2006, it is planned to add more than 40 billion yuan on this basis to reach 339.7 billion yuan. Funds to support agriculture in 2006 increased by 14.2% over the previous year, accounting for 21.4% of the total increase in expenditures. More than one-fifth of the total increase in expenditure this year has been used in rural areas. This is evident from the central government’s determination to support the construction of new rural areas.
2. Support from financial institutions
At the National Cooperative Financial Supervision and Reform Work Conference held in February 2006, Liu Mingkang, chairman of the China Banking Regulatory Commission, emphasized that banking financial institutions must develop in accordance with scientific To meet the requirements of the concept and provide effective support for promoting the construction of a new socialist countryside.
Rural Credit Cooperatives
The construction of a new socialist countryside provides a broad space for the development of rural credit cooperatives. At present, rural credit cooperatives must focus on improving the corporate governance structure and building scientific management mechanisms, and vigorously strive for business innovation. While continuing to provide farmers with small credit loans and farmer joint guarantee loans, they must use new ideas and new mechanisms to invigorate small businesses. Corporate financing; increase support for industrialization and the formation of industrial clusters, increase investment in student aid and consumer credit, and vigorously develop fee-focused intermediary businesses such as settlement, credit cards, and financial services. Liu Mingkang, chairman of the China Banking Regulatory Commission, pointed out that the current improvement of rural financial services is urgent. Rural credit cooperatives must further improve the public financial system and give full play to the functions of policy banks, and improve their ability to perform public services, especially for rural "two waters" (drinking water and irrigation water) and "three networks" (electricity). Investment must be increased in areas with policy implications such as infrastructure construction such as roads, roads, communication networks), "two gases" (biogas, liquefied gas), and "two markets" (domestic and overseas sales markets).
Commercial banks
Commercial bank loans are market behavior, which is the use of commercial funds for project construction with high returns. The principle of lending is to implement regional total volume control and link it to local financial capabilities, while taking into account factors such as region, policy orientation, loan quality, and bank risk tolerance. The total loan control limit for the urban construction industry will be broken down to each provincial branch, and monitoring will be carried out to ensure that no breakthrough is allowed in each locality to prevent the risk of over-financing to local governments. In terms of project classification guidance, fee-charging projects are in principle limited to urban projects above municipalities, provincial capitals, cities with separate planned cities and prefecture-level cities, and the project capital ratio is required to be above 20% (inclusive); requirements for non-charging projects are limited to For projects in municipalities directly under the Central Government, provincial capital cities, cities under separate state planning, and prefecture-level cities with per capita GDP higher than the national average, project capital requirements are further increased to 30% (inclusive).
Liu Mingkang pointed out that commercial banks should also vigorously increase capital investment in the construction of agricultural product industry belts, leading industry production bases, and agricultural product professional markets with resource and industrial advantages, and support foreign trade and rural commerce in emerging fields. enterprises, and expand the coverage of financial services to rural private owners and private enterprises.
3. Financing of operating land resources
This method uses the government’s monopoly of the primary land market as a means to make full use of land planning and land reserves for financing. After developing the land, we can achieve different locations and different prices, and use transfer, lease, auction and other methods to obtain operating income from land resources for investment in urban construction. Breaking away from the traditional path of "building infrastructure first, attracting investment later" and relying on selling land at low prices to replace infrastructure, we should instead operate according to the market, integrate and manage urban resources, achieve value-added through integration, promote integration while adding value, and develop and add value while doing so. The idea of ????operation and edge development.
4. Market-oriented financing with franchising as the main method
This method combines the state with private investment and mainly involves private investment. The characteristic is that a small amount of state investment drives a large amount of private capital (foreign capital, domestic capital) to participate in infrastructure construction. During operation, a legal person responsibility system for construction projects is implemented to ensure that funds are received in a timely manner and responsibilities, rights and interests are clearly defined. What kind of projects can be financed through the market? According to the project differentiation theory, all chargeable infrastructure such as water supply, gas supply, sewage treatment, garbage disposal, etc. should attract various capital investments including private capital through franchising, etc., and the government shall supervise them in accordance with the law; In the investment, construction and operation of public facilities, we can also try to implement a franchise system to unify the planning and entrust the operation and management of street lights, garbage collection facilities, public toilets, newsstands, billboards and other facilities on urban streets. Market-oriented financing, with franchising as the main method, stipulates the responsibilities and rights of both the government and enterprises, and essentially establishes a cooperative relationship between the government and private enterprises. Through this cooperative relationship, both the government and the enterprise can each display their strengths, perform their respective duties, and complement each other's advantages, thereby maximizing efficiency and social welfare.
Relevant experts from Beijing Greenway Planning and Design Institute, a well-known tourism planning organization, believe that "four ounces can make a big difference" to guide diversified investment in rural areas. The central government's special funds seem to be a huge amount, but if they are spread across the vast rural areas of China, they will be a drop in the bucket and cannot fundamentally change the current situation of rural areas and achieve the goal of building a new countryside. Under this circumstance, the government supports the comprehensive use of national debt, taxation, fiscal discounts, rewards instead of subsidies, etc., to give full play to the role of fiscal funds. In essence, it encourages various industrial and commercial enterprises to invest in agriculture and guide farmers Independently carry out the construction of rural public welfare facilities and form a diversified agricultural investment pattern.
Do farmers still need to farm? What do farmers do if they don’t farm?
"Measures for the Management of the Transfer of Rural Land Contract Management Rights"
(Order No. 47 of the Ministry of Agriculture) No.)
Chapter 1 General Provisions
Article 1 is to regulate the transfer of rural land contract management rights, safeguard the legitimate rights and interests of both parties to the transfer, and promote the development of agriculture and rural economy. According to the "Rural Land Contract Management Rights" These Measures are formulated in accordance with the Land Contract Law and relevant regulations.
Article 2 The transfer of rural land contract management rights shall be based on adhering to the farmer household contract management system and stabilizing rural land contract relations, and follow the principles of equal consultation, in accordance with the law, voluntariness, and compensation.
Article 3 The transfer of rural land contract management rights shall not change the agricultural use of the contracted land, the transfer period shall not exceed the remaining period of the contract period, and shall not damage the legitimate rights and interests of interested parties and rural collective economic organizations.
Article 4 The transfer of rural land contract management rights should be standardized and orderly. Transfer relationships formed in accordance with the law should be protected.
Article 5 The agricultural administration (or rural management) department of the people's government at or above the county level shall be responsible for the guidance of the transfer of rural land contract management rights and contract management within its own administrative region in accordance with the responsibilities prescribed by the people's government at the same level. .
Chapter 2 Transfer Parties
Article 6 The contractor has the right to decide independently whether the contracted land will be transferred, and the objects and methods of transfer in accordance with the law. No unit or individual may force or hinder the contractor from transferring its contracted land in accordance with the law.
Article 7 The income from the transfer of rural land contract management rights belongs to the contractor, and no organization or individual may appropriate, withhold or withhold it.
Article 8 If a contractor voluntarily entrusts the contract-issuing party or an intermediary organization to transfer its contracted land, the contractor shall issue a letter of authorization for land transfer. The power of attorney shall state the entrusted matters, authority and time limit, etc., and shall have the signature or seal of the principal.
Without the written authorization of the contractor, no organization or individual has the right to decide in any way to transfer farmers’ contracted land.
Article 9 The transferee of the transfer of rural land contract management rights may be the contracting farmer household, or other organizations and individuals permitted to engage in agricultural production and management in accordance with relevant laws and regulations. Under equal conditions, members of this collective economic organization shall enjoy priority.
The transferee should have agricultural management capabilities.
Article 10 The method, term and specific conditions for the transfer of rural land contract management rights shall be determined by both parties to the transfer on an equal footing.
Article 11 After the contractor and the transferee reach a transfer intention, if the transfer is carried out by subcontracting, leasing, swapping or other methods, the contractor shall promptly file a record with the contract-issuing party; if the transfer is carried out by transfer , a transfer application should be submitted to the contract-issuing party in advance.
Article 12 The transferee shall protect the land in accordance with relevant laws and regulations and is prohibited from changing the agricultural use of the transferred land.
Article 13 If the transferee re-circulates the land transferred by the contractor through subcontracting or leasing, it shall obtain the consent of the original contractor.
Article 14 If the transferee improves the production capacity of the land due to investment during the transfer period, and the land transfer contract expires or has not expired and the contractor takes back the contracted land in accordance with the law, the transferee has the right to obtain Compensation accordingly. The specific compensation method can be stipulated in the land transfer contract or resolved through negotiation between the two parties.
Chapter 3 Transfer Methods
Article 15 The rural land contract management rights obtained by the contractor in accordance with the law may be subcontracted, leased, exchanged, transferred or otherwise in compliance with relevant laws and regulations. transfer in a manner stipulated by national policy.
Article 16 If the contractor transfers part or all of the rural land contract management rights by subcontracting, leasing, or investing in shares in accordance with the law, the contractual relationship between the contractor and the contract-issuing party shall remain unchanged, and the rights enjoyed by both parties shall remain unchanged. The obligations assumed remain unchanged.
Article 17 When contractors of the same collective economic organization voluntarily exchange land contract management rights, the contracting rights and obligations originally enjoyed by both parties for the exchanged land will also be exchanged accordingly. You can request to go through the registration procedures for changing the rural land contract management right certificate.
Article 18 If the contractor transfers the rural land contract management right by transfer, with the consent of the contract-issuing party, the party concerned may request to go through the procedures for changing, canceling or reissuing the rural land contract management right certificate in a timely manner.
Article 19 Contractors may voluntarily invest the contracted land into shares to develop agricultural cooperative production, but when the joint-stock cooperation is dissolved, the land invested in the shares shall be returned to the original contracting farmers.
Article 20 After the land contract management rights obtained through transfer or exchange have been registered in accordance with the law and obtained the land contract management rights certificate, they may be subcontracted, leased, exchanged, transferred, or otherwise in compliance with the law and regulations. transfer in a manner stipulated by national policy.
Chapter 4 Transfer Contract
Article 21 If the contractor transfers rural land contract management rights, it shall sign a written transfer contract with the transferee on the basis of consensus.
The rural land contract management right transfer contract is in quadruplicate, with each party holding one copy, and the contract-issuing party and the rural land contract management department of the township (town) people's government each filing one copy.
If the contractor hands over the land to others for farming for less than one year, he does not need to sign a written contract.
Article 22: If a contractor entrusts the contract issuing party or an intermediary service organization to transfer its contracted land, the transfer contract shall be signed by the contractor or its authorized agent in writing.
Article 23 Rural land contract management rights transfer contracts generally include the following contents:
(1) Names and residences of both parties;
(2) ) The four dimensions, location, area, and quality level of the transferred land;
(3) The term and start and end dates of the transfer;
(4) The method of transfer;
(5) The purpose of the transferred land;
(6) Rights and obligations of both parties;
(7) Transfer price and payment method;
( 8) Disposal of ground attachments and related facilities after the expiration of the circulation contract;
(9) Liability for breach of contract.
The text format of the contract for the transfer of rural land contract management rights shall be determined by the agricultural administrative department of the provincial people's government.
Article 24 The parties involved in the transfer of rural land contract management rights may apply to the rural land contract management department of the township (town) people's government for contract authentication.
The rural land contract management department of the township (town) people's government shall not force the parties involved in the transfer of land contract management rights to accept authentication.
Chapter 5 Transfer Management
Article 25 The contracting party shall promptly handle the contractor's request for subcontracting, leasing, exchanging or transferring the contracted land in other ways. Filing and reporting to the rural land contract management department of the township (town) people's government.
If the contractor transfers the contracted land and the contract-issuing party agrees to the transfer, it shall promptly report it to the rural land contract management department of the township (town) people's government and cooperate with the relevant change procedures; if the contract-issuing party does not agree to the transfer, it shall Give the contractor a written explanation of the reasons within seven days.
Article 26 The rural land contract management department of the township (town) people's government shall promptly provide the contractor with a transfer intention with a transfer contract in a unified text format and guide the signing.
Article 27 The rural land contract management department of the township (town) people's government shall establish a register of the transfer of rural land contract management rights, and promptly and accurately record the transfer of rural land contract management rights. If the contracted land is transferred by subcontracting, leasing or other means, the relevant registration must be completed in a timely manner; if the contracted land is transferred by transfer or exchange, the relevant contracting contract and land contract management right certificate changes and other procedures must be completed in a timely manner.
Article 28 The rural land contract management department of the township (town) people's government shall archive and properly keep the rural land contract management rights transfer contract and relevant documents, texts, materials, etc.
Article 29: If the land contract management rights are transferred by means of exchange or transfer, and the party concerned applies for registration of the transfer of land contract management rights, the agricultural administration (or rural management) department of the county-level people's government shall The application shall be accepted and handled in accordance with the provisions of the "Measures for the Administration of Rural Land Contract Management Certificates".
Article 30: Intermediary organizations engaged in rural land contract management rights transfer services shall register with the agricultural administration (or rural management) department of the local people’s government at or above the county level and accept their guidance. In accordance with the law and relevant regulations, Provides for the provision of transfer intermediary services.
Article 31 The rural land contracting management department of the township (town) people's government, when guiding the signing of the transfer contract or the verification of the transfer contract, finds that both parties to the transfer have violated the agreement of laws and regulations, and must make corrections in a timely manner.
Article 32 The agricultural administration (or rural business management) departments of local people's governments at or above the county level shall strengthen guidance on the work of the rural land contract management departments of township (town) people's governments. The rural land contract management department of the township (town) people's government shall carry out guidance and management of the transfer of rural land contract management rights in accordance with the law and correctly perform its duties.
Article 33 If any dispute or dispute arises over the transfer of rural land contract management rights, the parties concerned shall resolve it through negotiation in accordance with the law.
If the parties cannot reach an agreement through negotiation, they may request the villagers committee or the township (town) people's government for mediation.
If the parties are unwilling to negotiate or mediation fails, they may apply for arbitration to the Rural Land Contract Arbitration Institution or directly file a lawsuit with the People's Court.
Chapter 6 Supplementary Provisions
Article 34 Contracting of rural land such as barren mountains, ravines, hills, and shoals through bidding, auctioning, and public consultation shall be registered in accordance with the law Those who obtain the rural land contract management right certificate can transfer it by transfer, lease, shareholding, mortgage or other methods, and the transfer management shall be implemented with reference to these measures.
Article 35 The term "transfer" as mentioned in these Measures means that the contractor has a stable non-agricultural occupation or a stable source of income, and upon the contractor's application and the contract-issuing party's consent, part or all of the land is contracted for management. The rights are transferred to other farmers engaged in agricultural production and operation, and they shall perform the rights and obligations of the corresponding land contract contracts. After the transfer, the original land contract relationship will terminate automatically, and the original contractor's land contract management rights during the contract period will be partially or completely lost.
Subcontracting means that the contractor transfers part or all of the land contract management rights to other farmers in the same collective economic organization for a certain period of time to engage in agricultural production and management. After subcontracting, the original land contract relationship remains unchanged, and the original contractor continues to perform the rights and obligations stipulated in the original land contract contract. The subcontracting party shall be responsible to the subcontracting party according to the conditions agreed upon at the time of subcontracting. This is excepted if the contractor hands over the land to others for farming for less than one year.
Exchange refers to the exchange of contracted plots belonging to the same collective economic organization between contractors for the convenience of farming or their respective needs, and at the same time, the corresponding land contract management rights are exchanged.
Share ownership means that in order to develop the agricultural economy, contractors who implement the household contract method use land contract management rights as equity and voluntarily jointly engage in agricultural cooperative production and operation; contractors in other contract methods use land contract management The rights are quantified into equity, and the shares are invested to form a joint-stock company or cooperative to engage in agricultural production and management.
Leasing means that the contractor leases part or all of the land contract management rights to others for a certain period of time to engage in agricultural production and operations. After leasing, the original land contract relationship remains unchanged, and the original contractor continues to perform the rights and obligations stipulated in the original land contract contract. The lessee shall be responsible to the contractor according to the conditions agreed upon at the time of leasing.
The transferee mentioned in these Measures includes the contractor, lessee, etc.
Article 36 These Measures will come into effect on March 1, 2005.