How to confirm rural land rights in Fuxin Mongolian Autonomous County, Liaoning Province

Local rights confirmation applies to the work plan for confirming, registering and issuing certificates for rural land contract management rights in Liaoning Province. The details are as follows:

In order to implement the "Regulations of the Central Committee of the Communist Party of China and the State Council on Increasing "Several Opinions on Reform and Innovation to Accelerate Agricultural Modernization" (Zhongfa [2015] No. 1) and "Opinions on Guiding the Orderly Transfer of Rural Land Management Rights to Develop Moderate Scale Agricultural Operations" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council 〉Notice" (Zhongbanfa [2014] No. 61), according to the "Opinions on Earnestly Confirming, Registration and Issuance of Rural Land Contract Management Rights" (Agricultural Economic Development [2015]) from six departments including the Ministry of Agriculture No. 2) requires that the confirmation, registration and certification of land contract management rights be basically completed in about five years. Based on the actual situation of our province, the work plan is formulated as follows.

1. Guiding ideology, basic principles and work objectives

(1) Guiding ideology.

Adhere to and improve the two-tier management system that is based on household contract management and combines centralized and decentralized management, further stabilize the existing rural land contract relationship, effectively protect the rights and interests of farmers, and establish and improve the rights to obtain contract contracts and register and record rights. , the rural land contract management rights registration system with certificates proving rights is connected with the unified registration of real estate to implement and safeguard farmers' rights to rural land in accordance with the law, stimulate the vitality of agricultural and rural development, and promote the construction of modern agriculture.

(2) Basic principles.

1. Keep the bottom line. We must adhere to the bottom line of maintaining the stability of the existing land contract relationship and insist on "increasing people without increasing land, subtracting people without reducing land" during the contract period. We must not break the boundaries of collective land ownership at will, and must not take the opportunity to illegally take back or adjust farmers' contracted land.

2. Standardize according to law. Strictly implement rural land contract laws and policies, and do a good job in confirming, registering and issuing land contract management rights based on existing land contract contracts, land contract management rights certificates, etc. in accordance with legal content, procedures and relevant technical requirements.

3. Open, fair and impartial. Effectively safeguard the legitimate rights and interests of farmers in land contracting, and effectively protect the legitimate rights and interests of migrant farmers, farmers who have settled in cities, rural newborn children and rural women, etc. Ensure that information on the confirmation of land contract management rights is disclosed, registration results are fair, and disputes are handled fairly.

4. Democratic consultation. On the premise of not violating current laws and policies, we should fully mobilize and rely on the farmers, respect the wishes of farmers, properly handle conflicts and problems encountered, and achieve public approval.

5. Steady progress. Unify deployment, hierarchical responsibilities, adapt measures to local conditions, provide classified guidance, focus on actual results, ensure quality, do not seek perfection and blame, and do not apply one size fits all.

(3) Work objectives.

In 2015, the scope of work will be expanded, and the province plans to implement 10 million acres. Among them, "city-wide promotion" will be adopted for Panjin City, and "whole-county promotion" will be implemented for Donggang City, Diaobingshan City, Sujiatun District, Bayuquan District, and Nanpiao District. Other counties (cities, districts) can follow the original plan and gradually expand the scope of implementation. In 2016, comprehensive promotion was carried out to implement 30 million acres. In 2017, the remaining 27.79 million acres will be basically completed. In 2018, complete the finishing work. In principle, the work of confirming, registering and issuing certificates will start in March of that year, and the publicity and review of the ownership investigation results will be completed before the end of the year. The data archiving will be completed by the end of March of the next year, and the provincial inspection and acceptance will be completed before April 20.

Regions that implement "overall promotion" of rights confirmation, registration and certificate issuance must strengthen supervision and inspection, carefully sum up experience, and improve relevant systems; areas where some townships (towns) carry out rights confirmation, registration and certificate issuance work must be combined with Based on the local reality, in accordance with the overall work arrangement of the province, an implementation plan is formulated, the working time and technical route are clarified, and in line with the requirements of putting the easy things first and then the difficult ones, highlighting the key points, and making progress subject to quality, we will advance in phases and batches to complete the completion of a township (town). , to stabilize the purpose of one party; areas that have carried out pilot work on confirmation, registration and certification of land contract management rights in the early stage should be improved according to the relevant national and provincial requirements for confirmation, registration and certification of land contract management rights, based on the principle of making up for what is missing.

2. The main tasks of confirming rights registration and issuing certificates

(1) Carry out investigation on the current status of contracted land.

County (city, district) governments should formulate practical technical routes for confirming rights, registration and issuance of certificates, collect and utilize the results of the second national land survey (hereinafter referred to as the "second land survey") and collective land ownership registration, and adopt modern scientific and technological means. , organize and carry out land survey and boundary survey, find out the area, four sides, spatial location and ownership of the contracted land, formulate work plans for emergencies, and promptly resolve and deal with mass incidents.

The township (town) government should formulate a work process and determine the time nodes and work requirements for each stage; organize the contract issuing party to cooperate with the technical service unit to carry out land survey and boundary survey, and the contract issuing party should pay attention to organizing veteran party members, veteran cadres and villagers The director of the Women's Congress and others participated in the work of confirming rights, registration and certificate issuance, carefully checking the land contract plan, meeting minutes, land ledger, contract contract, collective land acquisition compensation distribution plan and other archival materials, and systematically collecting contracted farmers, contracted plots, land types, etc. and other information; carefully investigate and sort out outstanding problems in rural land contract management, pay attention to safeguarding the legitimate rights and interests of rural women and children, and study and propose methods and measures for classified treatment.

(2) Disclosure of review and investigation information. The contract issuing party must review and publish the information on the land contract management rights of the survey. If there are any objections to the announcement, the contract issuing party shall investigate and deal with it in a timely manner and respond to the farmers. If there is no objection during the publicity period, the contract issuing party shall review the publicity results. The key points of the review are: whether all farmers’ contracted land is shown on the map; whether collective farmland resources such as motorized land, wasteland, and tree shadow land have been vectorized; whether the collective “four wastelands” have been measured; and whether collectively owned farmland has been publicized. ;Whether all objections raised by contracting farmers have been handled and resolved. If there are any omissions, the contract issuing party shall formulate measures and plans to solve the problem, prepare an audit report, and submit it to the township (town) government for review and filing.

(3) Properly handle contract management disputes. Based on the audit report submitted by the contract issuing party, combined with relevant land contract laws, policies and work plans, the township (town) government guides the contract issuing party to formulate specific measures, differentiate between different situations, and properly resolve the land contract through democratic consultation without violating laws and policies. Contracting dispute issues. When some people in individual villages request land transfer, they should be carefully grasped and handled properly. If individual adjustments are required due to statutory circumstances, statutory approval procedures must be followed. If the ownership dispute remains unresolved, the land contract management rights will not be confirmed, registered and issued.

(4) Revise and improve the contract contract. The contract issuing party shall convene a village meeting to revise the collective land ledger and improve the original contract based on the results of the investigation and disclosure of land contract management rights and the results of the settlement of contract management disputes. After actual measurement, if the content of the original contract has not changed or the changes are minor, the original contract can be directly improved and stamped with the official seal of the contracting party; if the actual measured area changes significantly, the contracting party shall sign a new contract with the contractor. The contract shall be made in triplicate, with the contractor, the contractor, and the township (town) government each holding one copy. If the original contract-issuing party has been disbanded or merged, the current contract-issuing party can affix its official seal and the original contract will be used as an attachment to the new contract. The recorded period of the land contract shall be calculated from the second round of contracting organized by the local unified organization, and the contract period shall be 30 years. When the current round of land contract period expires, it will be implemented in accordance with the national laws and policies of "keeping the existing land contract relationship stable and unchanged for a long time" at that time. The format of the new contract will be formulated by the Provincial Agricultural Committee.

(5) Further improve the registration and certification work. The county (city, district) agricultural economics department should guide the township (town) government to prepare an application for registration of land contract management rights based on the improved land contract contract, and submit it in accordance with the "Ministry of Agriculture

State Archives Bureau issued Notice of the "Measures for the Management of Rural Land Contract Management Rights Confirmation, Registration and Certificate Issuance Files" (Nongjingfa [2014] No. 12) requires the establishment and improvement of a unified and standardized land contract management rights registration book as the basis for unified registration of real estate in the future. . The registration content includes: the name and address of the contracting party and the contractor, the contractor, the contracting method, the area, location, boundary address, code, purpose, ownership, land type and whether it is basic farmland of the contracted plot. Contract number, establishment time, term, content and changes of rights, etc. If the registration book has been established, it should be further improved according to the requirements to enrich the basic information of the contractor's family, the area, four dimensions, land type and spatial location of the contracted plot. If it has not yet been established, it must be established as soon as possible on the basis of the contract contract and certificate, combined with the legally confirmed registration information such as the contracted plot, area and spatial location.

In order to connect with the unified registration of real estate, after the transition period, the certificate originally issued in accordance with the law can continue to be valid in accordance with the principle of "no change, no change"; contracting farmers can also voluntarily apply for and directly renew the "Real Estate Certificate" in the national unified format. . If the contracting farmer applies voluntarily, or if the contracting party makes an application for change or cancellation of registration due to the loss of contract management rights, the change or cancellation will be made after verification and confirmation, and it will be noted in the registration book.

(6) Promote the informatization construction of land contract management. Based on the results of land contract management rights confirmation, registration and certification, and at the county level, establish a provincial, municipal and county-level land contract management rights confirmation, registration and certification database and a land contract management rights registration business system to realize land contract management , ownership registration, operation rights transfer, dispute mediation, information release and statistical analysis and other business work informatization to avoid duplication of construction and fragmentation. Expand the application of land contract management information systems in agricultural production, service supervision and other fields, and provide technical and information services for the development of modern agriculture. Strengthen the confidentiality management of land contract management rights confirmation, registration and certification results, and protect the privacy of land contract rights holders.

(7) Establish and improve the contract information file management system. In the process of confirming, registering and issuing certificates for land contract management rights, the text, charts, audio and video, data and other materials collected and compiled by the contract issuing party and governments at all levels are important vouchers and historical records that have preservation value for the country and society. All localities must adhere to the principles of unified leadership, hierarchical implementation, classified management, and centralized storage in accordance with the "Measures for the Management of Rural Land Contract Management Rights Confirmation, Registration, and Certification Archives" issued by the Ministry of Agriculture and the State Archives Bureau, and conscientiously do a good job in land contract management Collection, arrangement, identification, storage, compilation, research and utilization of data files. Further strengthen the awareness of file management for rights confirmation, registration and certificate issuance, establish and improve various rules and regulations for file management, and ensure that the file information is complete, complete, authentic, effective and safe. Archive management work should be deployed, implemented, inspected and accepted simultaneously with the confirmation, registration and issuance of land contract management rights. After each county (city, district) passes the inspection and acceptance of the rights confirmation, registration and certificate issuance work, it shall complete the electronic version of the rights confirmation registration and certificate issuance files within 30 working days and transfer them to the county-level national archives for safekeeping; paper files In accordance with national regulations, timely transfer to the county-level national archives will ensure that the records are in possession of the person, where they are stored, and are checked in an orderly manner.

3. Implement safeguard measures

(1) Increase policy publicity. All localities should take various forms and use various news media to vividly and vividly carry out publicity activities for the confirmation, registration and certification of land contract management rights, and guide and create a good public opinion atmosphere and social environment that steadily promotes the confirmation, registration and certification of land contract management rights. Each city and county (cities, districts) can, based on local conditions, compile clear papers and brochures for the confirmation, registration and issuance of land contract management rights, interpret policies, clarify doubts, clarify requirements, and understand the significance, registration and issuance of land contract management rights. Teach the peasants its functions and working methods. Innovate publicity methods and methods, combining traditional means such as posting slogans, painting bulletin boards, and writing open letters with modern means such as television, mobile phones, radio, and the Internet to expand the scope of publicity and improve the effectiveness of publicity.

(2) Strengthen business training. All localities should formulate training plans and carry out training in stages, levels and targets. Provincial training is provided to cities and counties, and city training is carried out to townships, counties and village groups to form a team of policy guidance personnel and on-site practical operators with professional qualities. Innovate training methods to organically combine expert explanations, practical operations and on-site teaching to improve the pertinence and practicality of training and ensure that grassroots cadres and related technical personnel receive necessary training.

(3) Implement financial guarantee. No fees will be charged to farmers for the confirmation, registration and certification of rural land contract management rights this time, and the funds for the confirmation, registration and certification of land contract management rights are included in the local financial budget. According to the area of ??rural collective cultivated land under the "second adjustment" of land, finance at the provincial level and above shall receive a subsidy standard of 20 yuan per mu (including: the central finance subsidy is 10 yuan per mu, and the provincial finance subsidy is 10 yuan per mu; provincial subsidy funds do not include Dalian City) , which will be used by each city and county (city, district) on a lump sum basis, and any shortfall will be settled by the city and county finances in their budgets. Financial subsidy funds at or above the provincial level are mainly used for land survey, certificate printing, personnel training and other expenses related to the confirmation of rights, registration and certificate issuance. The specific requirements shall be implemented in accordance with the fund use management regulations issued separately by the province. All localities must effectively strengthen the management of funds for the confirmation, registration and issuance of land contract management rights, strictly implement budget laws and regulations and fiscal fund management regulations, strive to reduce work costs, and ensure the safe and efficient use of funds.

(4) Strengthen departmental collaboration. All relevant departments must strengthen cooperation and collaboration in accordance with the division of tasks of the local party committee and government to form a joint effort. The agricultural department takes the lead in specific comprehensive coordination, organization and implementation, and work guidance; the financial department is responsible for coordinating and arranging relevant funds according to actual needs and strengthening fund supervision; the land and resources department is responsible for providing land "second adjustment" and rural collective land ownership confirmation in accordance with relevant regulations. Registration and other results; the legal affairs department is responsible for researching and improving policies related to land contracting; the archives department is responsible for guiding the management of land contract management rights confirmation, registration, certification and issuance of files.

(5) Improve the mediation and arbitration mechanism. Improve the land contract management dispute mediation and arbitration system of rural mediation, county and city arbitration, and judicial guarantee, and resolve disputes in the process of rights confirmation, registration and certificate issuance in a timely manner. With the support of the local people's government, the Rural Land Contract Arbitration Committee has accelerated the construction of arbitration infrastructure and gradually improved the working conditions for mediation and arbitration in accordance with the standard of "one court and three rooms". Make full use of local news media, arbitration committee office display screens, township (town) village bulletin boards, etc., strengthen publicity, and tell farmers the advantages of "openness, fairness, justice", "timeliness, convenience and efficiency" of arbitration work, and clearly Channels for land contracting and management disputes to appeal and resolve according to law, guide parties involved in land contracting and management disputes to reasonably report their claims to arbitration institutions, and mediate or arbitrate to resolve disputes in accordance with the law. If the application does not fall within the scope of acceptance by the arbitration committee, the arbitration committee office shall notify the applicant in writing and explain the reasons. The local government must implement the funds for the mediation and arbitration of land contract disputes, and the arbitration committee office should set up an independent account to conduct independent accounting and independent management of the work funds.

4. Strengthen work leadership

(1) Strengthen organizational leadership. Governments at all levels must attach great importance to it, unify their thoughts and actions to the requirements and deployment of the central government, and effectively strengthen the organization and leadership of the confirmation, registration and certification of land contract management rights. To implement city-wide and county-wide promotion, the main leaders of the government must personally take charge. Strengthen the territorial management responsibilities of the county and township governments, conduct extensive publicity and mobilization, give full play to the core role of rural grassroots party organizations, and rely on the villagers' self-governance mechanism to organize the farmers to confirm, register and issue land contract management rights. Strengthen situation management and experience exchange, and keep abreast of developments. Improve the emergency management system, give full play to the role of the dispute mediation mechanism, properly resolve ownership disputes, resolve conflicts in a timely manner, and maintain rural social stability. Strictly enforce work disciplines, strengthen disciplinary inspections and administrative supervision, and investigate and deal with violations of laws and disciplines in the work of confirming rights, registration, and issuing certificates in accordance with the law.

(2) Scientifically grasp the progress. All localities must proceed from reality, make overall arrangements for manpower, material resources, and financial resources, actively and steadily advance, and ensure that progress follows quality. The on-site survey results of contracted land shall comply with the accuracy and information requirements stipulated in the confirmation, registration and issuance of land contract management rights. The spatial location database of contracted plots established based on the rights confirmation, registration and certification results shall comply with the industry standards and unified data platform regulations formulated by the Ministry of Agriculture. It is necessary to strengthen investigation and research to promptly grasp and reflect new situations and new problems that arise in the confirmation, registration and issuance of land contract management rights. Enhance the awareness of conservation, innovation and service, actively explore effective ways to reduce costs and facilitate farmers, carefully summarize the good practices and experiences created by various places in the pilot, strengthen exchanges and learning, and better guide general work.

(3) Strengthen and improve land contract management. Agricultural authorities at all levels must adapt to the new situation of rural reform and development and further strengthen and improve land contract management. Efforts should be made to conscientiously implement rural land contract laws and policies, strengthen land contract management, ownership registration, transfer services and dispute resolution, and comprehensively improve the level of land contract management. Earnestly implement the regulations on regularly reporting the progress of the confirmation, registration and issuance of land contract management rights, and regularly report the progress of the work in various places. The Provincial Leading Group Office for Confirmation, Registration and Issuance of Rural Land Contract Management Rights will commend units and individuals with outstanding performance in the confirmation, registration and issuance of certificates for land contract management rights.

(4) Report work status on time. All municipalities must formulate specific implementation plans in accordance with the requirements of this work plan and submit them to the Provincial Agricultural Committee for filing. Starting from 2015, progress will be reported to the Provincial Leading Group Office for Confirmation, Registration and Certification of Rural Land Contract Management Rights at the end of each quarter, and major situations will be reported at any time. Before the end of 2017, all municipal governments must make written reports to the provincial government on the work of confirming, registering and issuing certificates for land contract management rights.