From the perspective of land economics, what are the shortcomings of land ownership in China and how to improve it?

First, the current problems in the use of collective land

(A) serious deforestation. China has a large mountainous area, high mountains and deep valleys, and the stability of cultivated land in high slope areas is relatively poor, and the comprehensive utilization rate is not high. People living in these places, because of the difficult conditions, uneven development of cultivated land and population, have a prominent contradiction between people and land in many places. In order to survive, they adopt irresponsible "development" methods: first, at the expense of destroying the natural environment, they wantonly destroy forests for land reclamation in exchange for means of production and living; Second, the guerrilla mode of "shooting one gun for another place" is extremely obvious: open up wasteland on this hill for several years, and when the soil fertility declines, abandon the land, and then continue to develop and cultivate on another hill in this way. Repeated and vicious cycle farming methods have seriously damaged the ecology, caused serious soil erosion and posed a serious threat to the balance of land resources, environment and ecology.

(2) The phenomenon of illegal land use for building houses by rural villagers is serious. Due to historical and geographical factors, especially most ethnic minorities live in remote and backward mountainous areas, the harsh environment has great constraints on the economic development of these areas. Therefore, for the development of individuals and families, many villagers have moved out of the mountains and built new houses along roads with relatively superior conditions and riverbeds with relatively wide and good farming conditions. Some of these residential land are allocated to them by the production team, and some are barren hills with responsibility. Without these conditions, villagers have to resort to private transactions and other illegal land transactions to obtain land for building through personal feelings or the transfer of land use rights by both parties. Article 62 of the Land Management Law stipulates: "Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government." "Rural villagers should build houses in line with the overall planning of land use in towns and villages, and make the best use of the original homestead and residential land in the village." However, due to the lack of legal awareness or weak legal awareness, it is not uncommon for the villagers who moved out to seize or occupy more sites and occupy good sites to build houses. What's more, wealthy farmers have built many houses for the benefit of future generations. These construction land qualifications are generally not obtained through legal procedures, which change the use of collective land without permission and cause serious damage to the state and collective land resources.

(3) Private processing enterprises are increasingly polluting the land environment. China has fertile land, rich agricultural products and mineral deposits, and rich energy resources such as electricity, which is very suitable for developing processing industry. Since the 1990s, driven by the interests of the market economy, enterprises engaged in various small and medium-sized agricultural products and mining processing industries in some areas have successively landed in Longlin, which has promoted economic development to varying degrees. However, because these processing enterprises only consider personal interests in a small scope, they are mercenary and do not consider the negative impact of processing industry on the local environment. In addition, due to the lack of pollution treatment facilities, the emission of smoke and sewage can not be controlled, polluting a large area of land. The growth of crops near the factory has been damaged to varying degrees, and the output has decreased. Many fruit trees can't bear fruit, which hinders the local people from increasing their income and improving their living standards.

(D) Rural construction planning is in serious confusion. There is an obvious problem in rural areas, that is, there is no planning for the construction of villages and towns, and villagers' houses are built indiscriminately. How to arrange housing construction, how much area and construction site are needed are all decided by the builder according to the so-called "feng shui", and no one else can interfere. Because of the phenomenon of free choice and unlimited building scale, many collective land is occupied by private individuals, or good land is used as homestead and the use of cultivated land is changed privately. It is a wise decision to change the present situation of scattered residence and carry out centralized construction in villages and towns in a planned way, which is one of the leading construction forms advocated by the state. The purpose is to make people get rid of the old common form of building houses, rationally arrange the use of land and avoid the phenomenon of private occupation of collective land. However, due to the immature conditions for popularizing land use planning in rural areas, farmers' understanding of land use planning is still very lacking, and their own behavior is still very common, regardless of long-term serious traditional concepts, and the government's legal publicity work cannot keep up. Therefore, it is an inevitable factor not to occupy land or transform infrastructure as planned, to be eager for success blindly and to destroy land resources.

Second, the reasons for many problems in the use of collective land

(1) The economic foundation is weak and the culture and education are backward. In some areas, due to geographical and other environmental factors, poverty is large, the layout of teaching points is not reasonable, farmers' education level is not high, illiteracy and semi-illiteracy still account for a certain proportion, the overall quality is generally low, and legal awareness is weak. Especially in land use, there is a lack of necessary understanding of how to save land and use land resources sustainably, which leads to repeated illegal occupation of collective land.

(2) The concept of bearing is backward. Traditional fertility concepts such as "raising children to prevent old age", "having many children and being blessed" and "carrying on the family line" have not fundamentally changed. Especially in poor and backward ethnic minority areas, the idea of son preference is still quite serious. The family planning policy of "fewer children and better children" has little binding force on them. It is difficult for some families without boys to have children. Therefore, the contradiction between people and land is inevitable because of the large population and small land, which is a major factor in the frequent illegal looting of land resources.

(3) There are drawbacks in management policies. In the past, in the use of rural collective land, the state stipulated that land occupation fees of different prices should be charged according to the types, uses and duration of land use, which had a certain binding force on the occupation of collective land, especially cultivated land, and played a very positive role. However, in recent years, in order to reduce the burden on farmers, the state has relaxed its management policy on rural collective land. For the problem of farmers' housing occupation, no other fees are charged except for the land registration and certification fee of l0 yuan/book and the plot drawing fee of 0.05 yuan/square meter. This reform provides rural villagers with preferential policies for construction land, but at the same time it also brings some disadvantages: first, it increases the probability of land users taking advantage of policy loopholes and is easy to breed illegal land; Second, it weakens the enthusiasm of the land management department for the supervision and management of rural collective land use and cannot give full play to its functional role; Third, the sources of funds for law enforcement investigation by land management departments have been reduced, and law enforcement officers have been unable to deal with illegal land cases in a timely and in-depth manner, which has contributed to the illegal occupation of collective land to a certain extent.

Third, countermeasures to strengthen collective land management

Under the new situation, how to further strengthen land management and effectively solve a series of problems existing in collective land management can make rural collective land management step into the legal track and ensure the healthy development of land management. The author believes that the following countermeasures should be taken:

(a) to increase the legal publicity of land and environmental protection, improve the people's legal awareness of land and environmental protection.

First of all, we should gradually deepen the legal publicity and education on land and environmental protection. Party committees and governments at all levels should list the land management law and environmental protection law as the key contents of rural law popularization, broaden the publicity channels, make full use of radio, television, slogans, knowledge contests and other publicity media and various favorable conditions and opportunities, implement tasks at different levels, organize legal publicity teams to go deep into villages and publicize face to face with the masses, and widely study, publicize and implement the land management law and environmental protection law in the form of entertainment and cultural activities that the masses like, so as to make the laws and regulations on land and environmental protection well known. Through the publicity and education of the land and environmental protection law, the people's legal awareness of land and environmental protection will be generally improved: strengthen the legal awareness of land and environmental protection, consciously abide by and safeguard the laws and regulations on land and environmental protection, and create a good atmosphere for administering land according to law.

Secondly, we should strengthen the leadership of land management, from top to bottom, put land and environmental protection into target management and put it on the work agenda. Attach importance to land management and environmental protection according to law in thought and action, and effectively solve practical problems such as insufficient manpower, material resources and financial resources in land management. Earnestly perform the functions and powers entrusted by the land management law and the environmental protection law, actively create a good social environment for the legal construction of land and environmental protection, and ensure that land management enters the normal development track.

(2) Insist on Scientific Outlook on Development, promote sustainable development, and build a new way of harmonious development between man and environment. In view of the problems in remote rural areas of ethnic minority areas, such as small population, poor conditions, low education level, poor acceptance ability, backward concepts and prominent contradiction between life and environment, the government should adopt flexible and pragmatic means that are easy for the masses to accept and do not damage land and environmental protection to scientifically manage the living environment: First, do everything possible to help remote rural areas with difficulties solve problems such as water, electricity and roads; Second, give more investment to solve the permanent and stable farmland for villages with difficult farming conditions (such as building walls and protecting soil in rocky mountainous areas and reclaiming platform terraces in mountainous areas, etc.). ), and to a certain extent, increase the per capita grain production land below their living needs. And strictly stipulate the development direction of grain production and cash crops, popularize science and technology, improve the content of science and technology, increase the output of grain per unit area, and ensure a stable food source for rural life. On this basis, we will make great efforts to rectify the problems that destroy the ecological environment, such as deforestation and land reclamation, help the masses deepen their understanding of the urgency of environmental protection work, guide them from blind development to planned construction, and gradually achieve the goal of restoring the balance between life and the environment from passive to active; Third, stick to Scientific Outlook on Development and implement the strategy of sustainable development. From the height of scientific management, scientifically manage land and environmental protection, plan development goals and stick to them for a long time. In the process of developing rural economic construction, we should overcome the single development model, help the masses find development projects that are more in line with local reality, promote the virtuous cycle development of rural economy and industrial structure in a diversified way, and promote the improvement of rural residents' lives; Fourth, organically combine land management, environmental protection and family planning to form a new mechanism for the simultaneous development of land, environment and population, so that the development of population, land and environment is relatively stable; Reduce the pressure of population on land and ecological environment, and ensure the harmonious and healthy development of population, land and environment; Fifth, improve the ability to develop, utilize and protect land resources. Supervise and guide processing enterprises to try their best to improve sewage facilities, or dismantle processing industries that are destructive to the environment and do more harm than good to local economic construction, as well as individual private enterprises that disobey management, ignore the interests of the masses, go their own way at the expense of environmental protection, and obtain land for processing industries by bribery and other improper reasons, control pollution sources, reduce the damage of pollutants to land and environment, and find a new way to adapt to the harmonious development of man and environment.

(3) Planning the construction of rural villages and towns with a unified and scientific planning concept. Rural areas have a large population and a wide area, which has great damage to land occupation and land environmental resources. Therefore, the centralized construction of villages and towns in rural areas is an effective way to help farmers change the unplanned occupation and waste of land and maintain a certain amount of cultivated land to meet their survival needs. Therefore, in the long run, the current construction of rural villages and towns should gradually implement the policy of unified planning, unified layout and unified implementation, and implement centralized construction of one village or several villages according to the actual local geographical environment and starting from saving manpower. Through the rectification of cultivated land, water bodies, roads, forests, landscapes and other issues, we will uniformly adjust the distribution of original irregular buildings and focus on rectifying the phenomenon of indiscriminate occupation of cultivated land. As far as possible, we should abandon the bad land construction methods that blossomed everywhere in the past and restore the original use of the land. Scientific Outlook on Development should be used to reasonably arrange the amount of rural residential construction land, and the population base should be taken as the core, and the direction of residential buildings should be planned from the perspectives of beauty, neatness, hygiene and environmental protection by limiting the area, location and quantity. County-level soil management departments should, in accordance with the planning requirements, conduct a comprehensive investigation on the housing situation of rural villages and specific farmers in the county, keep abreast of the basic housing construction trends in each village, and make plans according to the details. Use the area strictly. In the implementation of the specific annual work, according to the different situations in different places and the per capita housing area stipulated by laws, the tasks should be decomposed into townships, villages and villages in time, the planned targets should be strictly controlled, the system of saving rewards and punishing the poor should be implemented, and the organization and implementation of village and town construction should be done well. For families who have not obtained housing indicators, they cannot arrange the implementation of housing construction and strictly control the pass.

(four) establish and improve the supervision mechanism of land and environmental protection administrative law enforcement and various rules and regulations. Establishing law enforcement supervision is the main means to ensure the implementation of laws and regulations on land and environmental protection. Therefore, in the implementation work, it is necessary to clarify the responsibilities, scope, rights, obligations, methods and their relationships at all levels in the supervision work, establish a strict law enforcement inspection system and a supervision mechanism for the implementation of laws and regulations, and all relevant departments should not only supervise each other but also support and cooperate with each other in their work. It is necessary to overcome the idea of fighting alone and not listening to the command, blindly engage in or illegally handle cases, and actively behave well. At the same time, supervision departments at all levels should, in accordance with the requirements of laws and regulations, combine the actual situation of their own departments, units and regions, and do a good job in establishing and perfecting various rules and regulations on land and environmental protection in their own regions within the scope of laws and regulations, so as to ensure that the land management work has rules to follow. And take the initiative, accept the system constraints, act according to the rules, avoid the occurrence of illegal phenomena, and promote the standardization and institutionalization of land environmental law enforcement supervision.

(five) to strengthen management, establish and improve the law enforcement and supervision network institutions, and increase the supervision and investigation of illegal cases of collective land. In order to ensure the real implementation of land management according to law, it is necessary to strengthen land management. From county to township, village and village, supervision organizations are established at all levels, forming a strict four-level supervision network, with unified leadership in business and hierarchical management in work, and a complete working operation mechanism. The staffing is formulated by the county-level soil management department, and the remuneration of village staff is paid by the county land and resources bureau according to the actual work situation; County Land and Resources Bureau should do everything possible to improve the basic quality of grass-roots personnel, fully mobilize their work enthusiasm, and ensure the normal operation of the work; In the supervision work, it is necessary to establish a high-quality and strong law enforcement team, intensify the investigation and punishment of illegal cases, ensure that problems found can be dealt with in time, leave no future trouble, do not delay, treat equally, and strictly follow the system of laws to follow and violators are prosecuted. We should treat problems regardless of grades, avoid human feelings and money transactions, do our best to eliminate illegal land activities according to law, and promote the fundamental improvement of land management and environmental protection.