Yan Zhiren
A native of Beaulong Township, he is a certified public accountant. Prior to July 1979, he worked in the commune food factory and agricultural machinery repair factory as a cash cashier accountant. In July 1979, he worked in the commune's industrial office, industrial company and rural management station, and worked as a financial counseling accountant and rural management
The management station is a full-time auditor and station manager, and concurrently serves as the director of the audit office and the director of the collective asset management office. This article is published after authorization, please contact the editor of this public account for authorization (WeChat Yan Zhirenxin: anxinlu).
The reform process of the rural land system
Land is the lifeblood of peasants, the most basic guarantee for peasants' livelihood and the foundation for rural stability. Dr. Sun Yat-sen has long proposed: The cultivator has his land. The 1954 Constitution stipulates that the State shall protect peasants' ownership of land and other means of production in accordance with the law.
The first stage: from feudal land ownership to peasant land ownership
Before liberation, the vast majority of land in Rural China was occupied by landlords and rich peasants, and the land rich basically did not work and lived on the income from renting out land for money and grain. The land of the poor peasants is about one or two mu per household, and even if some of the land is not enough for the current land and homestead, the source of livelihood is given to the landlords, rich peasants, or the land rented by the landlords and rich peasants, and the remaining part of the land rented by the grain after paying the land rent is not enough to feed themselves; the middle peasants are divided into the middle peasants, the middle peasants, and the upper middle peasants according to the number of land they own and the number of people, and the lower middle peasants can only meet the basic livelihood; the middle peasants have a slight surplus in addition to satisfying the basic livelihood; although the upper and middle peasants have more land, they are oppressed by local bullies and suffer harsh taxes and miscellaneous taxes from the reactionary government.
In the early days of the founding of the People's Republic of China, the central government promulgated the "Land Reform Law", abolished the land ownership system exploited by the landlord class, and implemented the peasant land ownership system, in which the peasants not only obtained land ownership, but also freely operated, bought, sold and leased the land. The Government shall uniformly, fairly and rationally distribute all confiscated and expropriated rural land and other means of production to poor peasants who have no land and lack other means of production, except for the provision that they shall be apprehended by the State. At the end of 1952, the land reform work was basically completed nationwide, which produced tremendous results and influences on the economy, politics, ideology and culture, and played a decisive role in restoring and developing agricultural productivity. It has completely safeguarded the interests of the peasants, promoted the development of production, and improved the people's living standards.
The second stage: gradually changing from peasant land ownership to collective ownership
Primary agricultural production cooperatives: (1952-1954) The transformation of private ownership of land into a land system of peasant private ownership and collective farming, agricultural production mutual aid groups, primary agricultural production cooperatives. Peasants take shares in the means of production of land, livestock and large agricultural tools, and collective labor, democratic management, distribution according to work and dividends according to shares are combined. The peasants have experienced the superiority of mutual assistance farming, solved the problem of basic living grain, overcome the difficulties of scattered farming lack of labor and insufficient production tools, and avoided the contradictions that may cause redistrimalization due to the reform of land ownership.
Senior Agricultural Production Cooperatives: (1955-1957) Reform of the land system for the private ownership of peasant land and collective unified management and use. Farmers' private land and livestock, large agricultural tools, as well as appurtenances on land, water conservancy facilities, etc., are collectively owned by agricultural cooperatives. In 1956, the socialist transformation recovered the private right to land, with the aim of establishing a land system of a socialist nature and establishing socialist economic relations. After ensuring basic rations, firewood and grass, grain was rewarded at the end of the year according to the number of labors produced, and by the end of the year, the country had completed the reform of high-level agricultural co-operation.
Full Access to the People's Commune: (1958-1961) In March 1958, the Chengdu Central Committee adopted the "Opinions on Appropriately Merging Small Agricultural Cooperatives into Large Communes", and in May 1958, at the Second Session of the Eighth National Congress of the Communist Party of China, the general line of "summoning up full vigor, striving for the upstream, and building socialism as quickly and efficiently as possible" was formally put forward at the Second Session of the Eighth National Congress of the Communist Party of China. In August 1958, the Central Committee issued the "Resolution of the Central Committee of the Communist Party of China on the Establishment of People's Communes in the Countryside", and the people's communes, as the forefront of communist society, the peasants no longer had private land and large-scale means of production, and completely eliminated private property. Each commune set up a number of canteens, and the grain was allocated by the commune free of charge, and the collective cooking and centralized eating were converted into meal receipts after two years. The production operation group shall be established in the large canteen as the unit, and the production operation shall be arranged by the commune in a unified manner, and the labor attendance shall not be recorded and the labor level shall not be evaluated. The peasants are ideologically pure, work hard and complain, do not want to be left behind, regardless of personal gains and losses, and have no remuneration at the end of the year except for eating every day. It has reached the realm of selfless dedication and looks forward to the early arrival of communist society.
The third stage: from communal ownership to three levels of collective ownership
(1962-1978) In March 1961, the Guangzhou Central Work Conference formulated the Regulations on the Work of Rural People's Communes (i.e., Article 60), which clarified the nature, organization and scale of the current stage. Economically, the Commune is a joint organization of the production brigade, the production brigade is the basic accounting unit, and the production team directly organizes production. The production brigade must implement a system of rewards for contract production, contract work, contract cost and overproduction for the production team. According to the national planning tasks, the production plan is formulated in combination with the actual situation, so as to ensure the planting of food crops and the planting of a certain proportion of cash crops as a source of economic income for the members. The members of the company are arranged by the production team leader for field labor, and according to the different labor intensity, the work grade is assessed and then the total work points are calculated according to the attendance working hours; at the end of the year, the unit price of the work points is calculated according to the income of the production team, and the grain, firewood and grass prices distributed are deducted and the dividends are distributed according to the household. The basic ration standard is determined according to the labor level, and the base number of children at birth is set at 5 catties, and the "age-level grain" is increased year by year until the adult level is converted to a fixed standard. Actively develop diversified operations, increase social products, economic income of members, and run social teams and enterprises. The allocation of self-reserved land on a per-person basis accounts for 5-7% of the cultivated land area of the production team, which is used by the families of the members for a long time.
The fourth stage: the transfer of ownership of collectively owned land is separated from the right to contract management
Household Contract Responsibility System: (First Round of Rural Land Contracting)
In December 1978, the Third Plenary Session of the Eleventh Central Committee adopted in principle the Decision of the Central Committee of the Communist Party of China on Several Issues Concerning the Acceleration of Agricultural Development, and only by vigorously restoring and accelerating the development of agricultural production and gradually realizing agricultural modernization can we ensure the rapid development of the national economy and continuously improve the people's living standards. In 1978, eighteen farmers in Xiaogang Village, Fengyang County, Anhui Province, signed a life and death certificate, and contracted the land in the village separately, creating a precedent for the household contract responsibility system, and Xiaogang Village achieved a bumper grain harvest that year. In 1982, the Central Committee issued the No. 1 document on rural work, which made it clear that it is the production responsibility system of the socialist collective economy to contract production and work to households. Since 1983, it has been comprehensively implemented in the vast rural areas of the country, and by the end of the year, about 98 percent of peasant households have implemented rural land contracting to households, realizing the separation of land ownership and use rights, solving the problem of peasants eating grain, and improving the peasants' living standards.
From 1982 to 1983, the Chongming area implemented the principle of co-production remuneration, arranging responsible fields according to the labor force, machine farming, seeds, pesticides and fertilizers provided by the collective, and field cultivation by the peasant households, calculating the work points according to the amount of grain, oil and cotton harvested, and handing over all the production teams except for the rations left. In 1984, the household contract responsibility system was implemented, and 0.5-0.7 mu of ration fields were distributed according to the population, the responsible fields were distributed according to the labor force, and the economic fields were distributed by the members of the agricultural community. In 1991, it was divided into "ration fields" and "responsibility fields", rural homesteads: within the scope of settlement planning, the area of homesteads was determined by 1 to 2.2 according to the approved building area, and the original old homesteads should be reclaimed; those who are not in settlements are still determined according to the original standards. Combined with the needs of rural capital construction planning, collective mobile fields are reserved for temporary cultivation by pure farmers, and collective arrangements should be unconditionally obeyed when needed.
Rural Land Contract Management System: (Second Round of Rural Land Contracting)
On August 27, 1997, the General Office of the CPC Central Committee and the General Office of the State Council issued the Notice on Further Stabilizing and Improving the Rural Land Contracting Relationship, which clarified that the land contract period would be extended for another 30 years. Contracted land adheres to the principle of "great stability and small adjustment," and "small adjustment" is limited to individual peasant households with prominent contradictions between man and land, and cannot be universally adjusted to all peasant households. In 1999, the No. 5 document of the Chongming County Party Committee, "Opinions on Further Stabilizing and Improving the Rural Land Contracting Relationship", adhered to the principle that farmers enjoy the right to land contracting and adhere to the principle of unchanged land ownership. The contract period (January 1, 1999 to December 31, 2028) and the cut-off point for agricultural household registration is February 28, 1999.
In August 1998, the Chongming County Political Research Office carried out a pilot project in Juxun Village, Chengqiao Town, and in the spring of 1999, the whole county carried out the second round of rural land extension work, when farmers were the most basic subsistence guarantee for contracted land, this legal concept was very vague, coupled with the low sales price of grain, the excessive burden of agricultural taxes and fees, the net income from agricultural production was very small, and they were generally reluctant to plant land. On February 26, the county government held a meeting of the deputy mayors in charge of agriculture and the managers of the county in Jiangkou Town to discuss how to promote the work of extending the contract, and in order not to cause land abandonment, adopt the practice of "moving the account without moving the land", determine the contracting right according to the per capita, and treat the remaining area as an inflow and outflow. Some production teams directly confirmed the rights according to the original contracted land, which caused the historical reason that the contracting rights were inconsistent with the actual area.
On August 29, 2002, the Standing Committee of the National People's Congress passed the Law on Rural Land Contracting, which came into effect on March 1, 2003, to stabilize and improve the long-term and guaranteed land use rights granted to farmers on the basis of household contracting, safeguard the legitimate rights and interests of rural land contracting, and promote agriculture, rural economic development and rural social stability. On April 25, 2003, the Shanghai Municipal Government's Several Opinions on the Implementation of the Rural Land Contracting Law of the People's Republic of China in shanghai made it clear that before March 1, 2003, the completion of the land contract extension work in accordance with the provisions of the Notice of the CPC Central Committee and the State Council on Further Stabilizing and Improving the Land Contracting Relationship shall be deemed valid and shall not be re-contracted or the contracted land shall be adjusted; those that do not conform to the provisions of the Rural Land Contracting Law shall be corrected. On April 30, 2004, the General Office of the State Council issued an urgent notice on the proper settlement of the current rural land contracting disputes, and on August 5, 2004, the Chongming County Government Office issued the "Opinions on Improving the Second Round of Rural Land Contracting Relationship in the County". The work of improving the second round of contracting relationships for rural land was carried out, and the improvement was not carried out in accordance with the provisions of the "Rural Land Contracting Law", and the population reconfirmed and adjusted the land in strict accordance with the time of confirmation of rights in 1999.
On April 25, 2009, the Shanghai Municipal Government Document No. 34 "Guiding Opinions on Further Stabilizing and Improving the Rural Land Contracting Relationship and Establishing the Land Contract Management Right Circulation Market" and the Chongming County Government Document No. 194 of November 25, 2009 carried out the work of improving the rural land contracting relationship. Under the guidance of the Municipal Agricultural Commission, leaders and professional cadres at all levels in rural areas throughout the county were organized to hold twelve forums to formulate "Several Policy Calibers for Stabilizing and Perfecting Rural Land Contracting Relations". For those who have been confirmed according to the per capita right, but the area of the confirmed right is inconsistent with the actual area of the species, the area of the confirmed right shall prevail, and the difference shall be resolved by means of circulation; the problem of recovering the right to land contractual management shall be solved: first, social security has been solved due to the transformation of the household registration of land requisition; second, the contracted households who have lost the contract co-owners; and third, the peasants whose household registration has been converted and have given up the right to land contractual management in writing.
The fifth stage: establish and improve the circulation market for land contract management rights
The Law on Rural Land Contracting clearly stipulates the methods of circulation of land contractual management rights, the principles to be followed, the main body of circulation, the agreement of revenues and the signing of contracts. On December 30, 2001, the Central Committee of the Communist Party of China (CPC) issued a notice on the Circulation of Farmers' Contractual Land Use Rights, which on the basis of stabilizing the household contract management system, allowing the rational circulation of land use rights is an objective requirement for agricultural development and in line with the Party's policies. On January 19, 2005, the Ministry of Agriculture issued the Administrative Measures for the Circulation of Rural Land Contractual Management Rights, which regulates the circulation of rural land contractual management rights.
On October 12, 2008, the Third Plenary Session of the 17th Central Committee adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Promotion of Rural Reform and Development. Improve the right to land contract management, and ensure the rights of peasants to occupy, use, and benefit from contracted land in accordance with law. Strengthen the management and service of the circulation of land contract management rights, and establish and improve the market for the circulation of land contract management rights. On June 27, 2009, the Standing Committee of the National People's Congress passed the Law of the People's Republic of China on Mediation and Arbitration of Disputes over Rural Land Contract Management. It is necessary to persist in stabilizing and improving the basic rural management system, establish and improve mediation and arbitration mechanisms, and resolve disputes over rural land contract management according to law. Establish and complete mechanisms for mediating and handling disputes over rural land contract management through non-governmental consultation, rural mediation, district arbitration, and judicial guarantees, resolve disputes over rural land contract management in accordance with law, and safeguard the rights and interests of contracting households and circulators. Township and town governments establish a rural land contract management dispute mediation committee, and villagers who have disputes due to land contract management or circulation may be resolved through consultation between the two parties, and may be resolved through mediation by the villagers' committee or township mediation committee.
In November 2014, the General Office of the CPC Central Committee and the State Council issued the Opinions on Guiding the Orderly Circulation of Rural Land Management Rights to Develop Agricultural Moderate-scale Operations, adhering to the collective ownership of rural land, stabilizing the contractual rights of peasant households, easing the right to land management, and promoting the common development of various methods of family operation, collective management, cooperative operation and enterprise operation on the basis of family contract management. In November 2016, the General Office of the CPC Central Committee and the State Council issued the "Opinions on Improving the Measures for the Separation of the Right to Operate the Contractual Right of Rural Land Ownership", which stated that the implementation of the "separation of the three rights" is to deepen the reform of the rural land system, the peasants' land contracting right, the circulation of land management rights, and the implementation of the separation of ownership, contracting rights and management rights, which is a major institutional innovation in rural reform, in line with the objective law of production relations adapting to the development of productive forces, showing the lasting vitality of the basic rural management system, and conducive to clarifying the relationship between land property rights. It is conducive to promoting the rational use of land resources, building a new type of agricultural management system, developing various forms and moderate-scale operations, improving land output rate, labor productivity and resource utilization rate, and promoting the development of modern agriculture.
It is compiled according to the relevant laws, regulations and policies of the state, cities, districts and counties, as well as their own work practices, so that everyone can understand the reform process of the rural land system.
If there is any inaccuracy in the above, please criticize and correct it.
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