At the critical moment of building a moderately prosperous society in an all-round way and implementing the strategy of rural revitalization, the twelfth session of the Standing Committee of the Thirteenth National People's Congress voted to adopt the decision on amending the Land Management Law, which undoubtedly conformed to the core goal of agricultural and rural modernization and the choice of the strategy of integrating urban and rural development, and responded to the requirements of the times of comprehensive modernization. Because the land system is the most basic system of a country's economy and society, the relationship between peasants and land is the most important production relationship in a country. General Secretary Xi Jinping emphasized: "China's rural reform began from the adjustment of the relationship between farmers and land, and the main line of deepening rural reform under the new situation is still to handle the relationship between farmers and land." "Land is the root of farmers and the foundation of agriculture, the most basic material conditions for farmers to survive and develop, and the core position in the relationship between farmers and the state, which determines that handling farmers and land well is the main line of promoting dynamic change and institutional change in the implementation of the rural revitalization strategy." The China Rural Revitalization Research Institute of Hunan Normal University paid a special visit to Chen Xiwen, director of the Agriculture and Rural Affairs Committee of the National People's Congress, and conducted an exclusive interview on hot issues related to farmland reform.
Chen Wensheng: The revision of the Land Management Law, which is more generally agreed, clarifies that rural collective management construction land is allowed to enter the market, breaking down the legal obstacles of the urban-rural dual land system. Different opinions hold that the regulations on the management of urban real estate with the scope of management being state-owned land have basically not been revised, otherwise, once rural collective land enters the market, a series of problems will arise. Since collective land is allowed to enter the market, the Constitution should be amended, that is, urban land can be state-owned or collectively owned. Collectively owned land cannot enter the city center and public utilities, but can it enter part of the city? Especially in the urban-rural interface, can the two types of public ownership not have to be planned to draw a line one size fits all? With the development of productive forces and the needs of social public management, it is not determined by planning, and different forms of public ownership should be allowed to exist. Some people mentioned another problem, if collectively owned land is allowed to enter the market in an all-round way, it is necessary to judge what kind of results will be caused, because the vacancy rate of housing in most cities has been very prominent, the supply of commercial housing has been very surplus, and the housing prices in some cities have fallen to a lower level than the cost, and special caution must be taken.
There is also the problem of the real choice of farmers, because the return to entering the market in some parts of the central and western regions is low, the uncertainty of the market, especially the current economic downturn has led to lower market confidence, and after the compensation standard for land acquisition is raised, coupled with social security, it is faster to realize, so the willingness of farmers to levy is higher, and the reform lacks motivation. So, which system is better? For example, Chongqing expanded the land ticket to the whole city, which was generally applauded at that time, and then the supply exceeded demand and the price fell rapidly, and hundreds of thousands of mu of land ticket indicators could not be sold, but it caused harm to the interests of farmers. What kind of reforms can really make farmers pay dividends?
There are some different opinions on the policy of cultivated land redlines, believing that the strict protection of cultivated land was put forward in what era, and how important is the cultivated land redline until now? It is believed that the land survey was 1.83 billion mu at the time of the proposal, and it has become 2 billion mu by the time of the second land survey in 2009. By the Third Plenary Session of the Eighteenth Central Committee in 2013, it was clear that the actual cultivated land was 2 billion mu, which was still far from the red line, and the era of large-scale occupation of cultivated land had passed, industrialization had entered the late stage, and one-third of the 190,000 square meters of homestead land in the residential countryside was transferred, which was enough to meet the construction of urban land, which could reduce the land price of the city and the house price. One of the scholars pointed out that although the density of Chinese is higher than that of developed countries, developing countries, and even low-income countries, the standard of per capita urban construction land is far lower than the world average, accounting for only 4.1% of the country's land area, while the United States is 5.8%, the United Kingdom is 8.3%, Japan is 8.9%, and residential land is even lower. The land revision law should reflect the reality and the nature of the times, should reflect the main tasks and main contradictions facing the present, and should meet the people's needs for a better life. It is believed that the general secretary has spoken that urban residents are forbidden to go to the peasants to circle the compound and build large villas, but the general secretary really did not say that commercial housing development cannot be carried out. Why should the earth artificially cocoon itself? Why don't so many homesteads in the countryside come alive? If people in the city want to go to the countryside, why don't they give them a piece of land? Farmers are also citizens of the People's Republic of China, so why can there be more suites in the city and only one suite for farmers? In the city, 100 square meters, 200 square meters, 300 square meters, why can't farmers? Urban land can be commercialized, but why can't peasant construction land be commercialized? These opinions are very sharp.
Chen Xiwen: According to the provisions of the current Land Management Law, "the right to use land owned by peasant collectives shall not be transferred, transferred or leased for non-agricultural construction." However, except for enterprises that conform to the overall land use plan and have acquired construction land in accordance with the law, the transfer of land use rights in accordance with the law due to bankruptcy, mergers and other circumstances. That is to say, only when the rural collective economic organization itself has the need for non-agricultural construction can the land of the rural collective economic organization be used in accordance with the law; no unit or individual who is not a collective organization may use the land of the rural collective economic organization for non-agricultural construction; however, when a township enterprise goes bankrupt, merges, or other circumstances, in order to deal with creditor's rights and debts, its right to use the land for the construction of the rural collective economic organization that conforms to the plan and is lawfully obtained may be transferred according to law. Allowing rural collective management construction land to enter the market first breaks through the above provisions of the current law, which is an attempt to reform China's construction land management system.
1. The origin of rural collective management construction land
Chen Xiwen: The land for the construction of rural collective economic organizations can be roughly divided into three categories: land for township enterprises, homesteads for farmers, rural public facilities and public welfare land, of which the construction land used for business activities is the construction land for township enterprises. According to the provisions of China's current Land Administration Law, no unit or individual other than a rural collective economic organization may use rural collective land for non-agricultural construction; however, when a township enterprise goes bankrupt, merges, or other circumstances, its right to use the land for construction purposes that conforms to the plan and is lawfully obtained may be transferred according to law.
This raises a question, if the township enterprise does not go bankrupt, merge, etc., but for any reason to stop production or close down, can its idle construction land transfer the right to use it? In October 2008, the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Promotion of Rural Reform and Development adopted by the Third Plenary Session of the 17th Central Committee of the Communist Party of China touched on this issue for the first time, proposing: "Gradually establish a unified urban and rural construction land market, and for rural collective operation construction land obtained according to law, it is necessary to transfer land use rights through a unified tangible land market, transfer land use rights in an open and standardized manner, and enjoy equal rights and interests with state-owned land under the premise of conforming to the plan." "The concept of rural collective management construction land used here refers to the construction land of township enterprises. The reason for highlighting "operationality" is to exclude non-operational construction land such as rural homesteads, public facilities and public welfare construction. In November 2013, the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China adopted the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Deepening of Reform, which further proposed: "Under the premise of conforming to planning and use control, it is allowed to transfer, lease and invest in rural collective operation construction land, and implement the same market entry and the same right and price as state-owned land." As a result, with the approval of the Party Central Committee and the State Council, and authorized by the Standing Committee of the National People's Congress, since 2015, within 33 county-level administrative divisions across the country, the pilot reform of the right to use rural collective management construction land into the market has been carried out.
2. The significance and value of the pilot project of rural collective management construction land entering the market
Chen Xiwen: Allowing rural collective operation construction land to enter the market can correspondingly reduce the state's expropriation of rural collective land; we can explore how to reasonably distribute the value-added benefits in the transfer of the right to use collective construction land among the state, collectives, and individuals; we can explore how to gradually withdraw construction land that is not in the public interest from the scope of state expropriation, and so on. This is in line with the reform requirements put forward by the Decision of the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China: "Narrow the scope of land acquisition, standardize the procedures for land acquisition, and improve the reasonable, standardized and diversified guarantee mechanism for farmers whose land has been expropriated." Expand the scope of compensatory use of state-owned land and reduce the allocation of non-public welfare land. Establish a mechanism for distributing the income from land appreciation that takes into account the state, collectives, and individuals, and reasonably increase individual income. "It can be said that the entry of rural collective management construction land into the market and the reform of the national land acquisition system are two sides of the same problem, and promoting the entry of rural collective operation construction land into the market is also promoting the reform of the national land acquisition system."
The problem is that the prerequisite for rural collective operation construction land that is allowed to enter the market is "in line with the plan and obtained according to law". From the social team enterprises to the township enterprises to the present, the collective operation construction land has been formed for a long time, and many situations have changed over time. At that time, the establishment of township enterprises was "village ignition, household smoke", and the construction land approved for its use at that time may be in line with the planning at that time, but after so many years, whether these construction lands can meet the current planning is likely to be uncertain. At the same time, some existing collective management construction land failed to obtain land use rights in accordance with procedures and laws at that time. Therefore, the number of rural collective management construction land that truly meets the conditions for entering the market is limited. According to the situation released by the Ministry of Natural Resources, by the end of March 2018, the 33 reform pilot zones had identified a total of 119,000 cases of rural collective operation construction land, covering an area of 1.415 million mu; however, a total of 812 cases of transfer of use rights had been transferred into the market, covering an area of 16,000 mu, [1] the proportion was very low.
Why is this happening? The main reasons are as follows: First, most of the rural collective operation construction land is still in use, and it is impossible to transfer the land use right; second, a considerable part of the collective operation construction land does not have the prerequisites for "conforming to the plan and obtaining according to law"; third, within the 33 county-level administrative divisions, a total of 1.415 million mu of rural collective operation construction land, each county (city, The average area is nearly 43,000 mu, about 28.6 square kilometers, if these rural collective management construction land, if all of them really enter the local construction land market in a short period of time, it will not only be difficult to digest, but also likely to wash away the market. But in any case, this pilot is still very meaningful and valuable.
First, the entry into the market through rural collective management construction land shows the gap between the market price of local land and the compensation for land acquisition. For example, in a pilot county in Jiangnan, the first piece of rural collective operation construction land auctioned was used for the construction of tourist hotels according to the plan, with an average price of more than 500,000 yuan per mu, after deducting 30% of the "land appreciation income adjustment fund", the rural collective economic organization actually obtained more than 300,000 yuan per mu of land use right transfer fee, which is much higher than the local government's compensation standard for farmers in expropriation of land, and the land did not change the ownership of the rural collective economic organization, and after the land use right expired, Collective economic organizations may recover the land use rights and transfer them again. The obvious gap in the distribution of benefits between the entry of collectively operated construction land into the market and the expropriation of land by the state has become apparent, which will force the government to speed up the reform of the land expropriation and compensation system.
Second, it calculates how to reasonably distribute the value-added benefits after the land is repurposed. As mentioned above, why should the local government charge a 30% "land appreciation income adjustment fund" for the use of farmers' collective land use rights and the transfer fee for the use rights auctioned in the construction land market? Because the government wants to provide the necessary water, electricity, roads, gas and other infrastructure for the development of this land and the operation of the project after completion, without this infrastructure, this land will be worthless.
How to distribute the value-added benefits of land in the process of repurposing is a very complex issue. The measurement of a single project is relatively easy, and the measurement of the development of a complete film is quite difficult. For example, urban expansion, new area development, etc., are often thousands of acres, tens of thousands of acres of expropriated land. However, not all land expropriated can be transferred, such as land for infrastructure such as roads, electricity, water, and gas, land for social management institutions, land for public welfare facilities such as science and technology, education, health, and culture, and ecological environment land for parks, green areas, and water surfaces. In this way, after deducting the above-mentioned land, the urban operational construction land that can transfer the right to use is generally impossible to reach half of the total expropriated land. Therefore, the transfer fee obtained from the transfer of the right to use urban operational construction land must bear the compensation costs for land acquisition, demolition and resettlement of all the above-mentioned infrastructure, public facilities, public welfare facilities and other land, as well as the construction costs of all the above-mentioned facilities. Therefore, the expropriated land must have a mechanism for reasonable cost allocation and distribution of value-added benefits. However, due to the different locations and different times of expropriation, the costs and benefits of the expropriated land vary greatly, so it is indeed a great challenge to establish a mechanism for the reasonable apportionment of the cost of each land and the rational distribution of the value-added benefits. However, at this stage, the key to establishing a reasonable distribution mechanism for the income from land appreciation that takes into account the interests of the state, the collective, and the individual is to reflect the requirements of the decision of the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China: "Reasonably increase personal income." ”
Third, the major issue of rational allocation of construction land between urban and rural areas is proposed. Provinces, autonomous regions and municipalities in China have different standards for the construction of peasant housing in different landforms; the state also stipulates different per capita land occupation standards for cities, counties and organized towns, but due to the imperfection of the overall planning and construction planning of urban and rural land use, especially the lack of land use and construction planning in the vast majority of villages, coupled with the lack of effective secondary development and utilization system for idle, abandoned or inefficient use of construction land, Therefore, in general, it has caused a structural contradiction between the shortage of construction land supply and the coexistence of idleness.
Chen Wensheng: There are also different opinions on land acquisition. The scope of public interest in land expropriation this time is clearly defined as six situations: where land is needed for military and diplomatic purposes, government organizations to organize and implement infrastructure construction, public utilities, affordable housing projects, development and construction in pieces, and other situations in which the law provides for the expropriation of peasant collectively owned land, peasant collective land may be expropriated. A good evaluation is to effectively prevent the unlimited expansion of the scope of public interests and protect the legitimate interests of farmers. But there are also opinions that urban development is not industrial development and residential development now? Housing accounts for 30% or 40% of the city's landscape, and there is a social public interest that needs to comply with the unified planning of the city. Therefore, there are neither pure public goods nor pure private products, and the distinction between public interests must be made, which can only be confirmed according to the economic and social development at a certain stage of development.
In particular, when local governments face to face with various practical difficulties, for example, if GDP cannot be negatively grown, investment needs to be made, investment must be attracted, and infrastructure construction needs to be carried out. We cannot learn from the developed countries at this time, because they have fully modernized and rarely need to acquire land. At the same time, regional differences are very large, and industrialization and urbanization in some places have basically reached the level of Western developed countries, and there is no need for such a large amount of land acquisition, should it be narrowed? The scope of land acquisition is vague, giving local governments too much discretion.
3. The "linkage between the increase and decrease of urban and rural construction land" deviates from the expected goal of the policy
Chen Xiwen: Since the beginning of the new century, due to the increase in the number of peasants going out to work and do business, people have paid great attention to the problem of the "hollowing out" of rural villages and the idle housing of peasants, which has given rise to the idea that "the increase in urban construction land should be linked to the decrease in rural construction land." [2] It should be said that according to the trend of gradual urbanization of the agricultural population, this idea of linking the increase and decrease of urban and rural construction land is undoubtedly in line with the law of development, but as a specific policy measure to be implemented, it is facing a rather complicated situation. Because farmers from going out to work and do business, to start living in towns and cities, to settling down in towns, and finally integrating into towns and cities to become citizens, abandoning housing in rural areas, need to go through a fairly long process, often not a generation can be completed. In this process, the increase and decrease of urban and rural construction land is linked, at least in time, it is difficult to synchronize. However, in order to meet the needs of urban construction land, some localities have forcibly demolished villages in the name of "linking the increase and decrease of urban and rural construction land" and replaced the vacated rural construction land indicators for use in cities.
General Secretary Xi Jinping once pointed out: "To promote the urbanization of the agricultural transfer population, we must adhere to the voluntary, classified and orderly. To be voluntary is to fully respect the wishes of the peasants and let them choose for themselves, not to adopt coercive practices, not to take advantage of them, to demolish farmhouses regardless of conditions, to force peasants to go to the city, and to let migrant workers 'be settled' and 'to be upstairs'. Classification means that the central authorities put forward the requirements, and the provinces, autonomous regions, and municipalities directly under the Central Government formulate specific measures according to local conditions, and may adopt methods such as the points system to mature a batch and settle down in a batch. Orderly is to give priority to solving the stock, giving priority to solving the local population, giving priority to solving the problem of people who have been in the city for a long time, have strong employability, and can adapt to the urban industrial transformation and market competition environment, so that they and their families can take root in cities and towns, and orderly guide the flow of incremental population. [3] He also pointed out: "Urbanization is a process of coordinated urban-rural development. Without rural development, urbanization will lack its roots. Some localities have misunderstood urbanization and the integration of urban and rural areas, and have done some things to 'swallow the countryside with the city' and 'force the people to go upstairs', which has seriously damaged the interests of the peasants. Urbanization and the integration of urban and rural areas are by no means about turning rural areas into cities and rural settlements into high-rise buildings. [4] What he emphasizes here is that the process of urbanization must be centered on "people", and must not be centered on "land". However, some localities have obviously violated this principle when understanding and implementing the idea of "linking the increase and decrease of urban and rural construction land".
China's current construction land system, in addition to must comply with the planning, the implementation of use control, at least two very important provisions, one is the implementation of total amount control, that is, the state every year according to the needs and possibilities, the annual new construction land indicators. The annual new construction land indicator exceeded 8 million mu at its peak, and the economy gradually decreased after entering the "new normal", which was 6-7 million mu in recent years. In the annual new construction land, there are clear provisions on the expropriation of rural collective land, especially the amount of cultivated land occupied. Second, construction occupies cultivated land, and it is necessary to implement a "balance between occupation and compensation." The Land Administration Law stipulates: "The State implements a compensation system for the occupation of cultivated land. Where non-agricultural construction has approved the occupation of cultivated land, the unit occupying the cultivated land shall be responsible for reclaiming cultivated land equal to the quantity and quality of the cultivated land occupied in accordance with the principle of 'how much to occupy, how much to reclaim'. Where there are no conditions for reclamation or where cultivated land is not in accordance with the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government, and the special funds shall be used for the reclamation of new cultivated land. At the same time, the Regulations for the Implementation of the Land Administration Law also stipulate: "Local people's governments at all levels shall take measures to promote land consolidation in accordance with the overall land use plan." Sixty percent of the newly added cultivated land area for land consolidation can be used as a compensation indicator for discounting the cultivated land occupied by construction. That is to say, after approval of the construction of occupied cultivated land, the occupier must compensate the corresponding cultivated land; compensatory cultivated land can reclaim new cultivated land, and new cultivated land can also be added through land consolidation, but the new cultivated land through land consolidation must be discounted by 60% when discounting the compensation target for occupying cultivated land. There are two principles here that are clear: first, the construction of occupied cultivated land must be approved, that is, to obtain the new construction land target, handle the procedures for the conversion of cultivated land, and compensate the corresponding cultivated land; second, if the new cultivated land is discounted to the occupied cultivated land target through land consolidation, a 60% discount must be given. However, in the implementation of the "linkage between the increase and decrease of urban and rural construction land", many places have not implemented the above two principles.
First, in the absence of new construction land indicators, through the "increase and decrease linkage", the new construction land is increased without authorization. Originally, the "increase and decrease linkage" is a specific way for the construction project to implement the "balance of occupation and compensation" after the approval of the occupation of cultivated land, so the implementation of the "balance of occupation and compensation" must first obtain the indicators of new construction land. However, the implementation process in many places is "reverse operation", that is, they have not obtained the indicators of new construction land, they have gone to the countryside to demolish houses and merge villages, and the cultivated land area thus sorted out will be directly used as the indicator of new construction land in local cities and towns, which makes the total scale of new construction land actually used greatly break through the annual indicators issued by the state. For example, some central cities (provincial capitals, prefecture-level cities) in order to attract investment, all the new construction land indicators issued by the state are left in the urban area, and the new construction land in the subordinate counties (cities, districts) is required to be solved by "increasing and decreasing linkages". Therefore, for many counties (cities, districts), the land use system has evolved into how much construction land can be demolished in the countryside, and how much construction land can be added in cities and towns. Originally, the state's new construction land targets every year could be divided into county-level targets, often only three or five hundred mu of land. However, although the national indicators have been left in the central cities, as long as you can go to the countryside to demolish houses and merge villages, the saved rural construction land indicators can be replaced by the indicators of urban construction land, so there is no restriction, and you can use as much as you want. Therefore, in recent years, many county towns and even established towns have wide roads, large squares, and high-rise buildings, where do so many construction land indicators come from? Many of them are "linked to increases and decreases". Even in many places, county-level cities and even organized towns have caused a considerable backlog of real estate, and the resulting economic and social pressure cannot be underestimated.
The second is to expand the coefficient of land consolidation of new cultivated land to offset the compensation index of construction land. The land source of "linking the increase and decrease of urban and rural construction land" is "rural construction land consolidation", which is clearly stated in Guo Fa [2004] No. 28 document. According to the relevant provisions of the Land Administration Law, the purpose of rural land consolidation was originally to "improve the quality of cultivated land, increase the area of effective cultivated land, and improve agricultural production conditions and ecological environment." However, the "Regulations for the Implementation of the Land Administration Law" issued at the end of 1998 stipulates that "60% of the newly added cultivated land area for land consolidation can be used as a compensation indicator to offset the construction of occupied cultivated land." In 2004, after the implementation of the "link between the increase and decrease of urban and rural construction land", no one mentioned the need for a 60% discount. Therefore, through the collation of rural construction land, as much arable land as new as the land is reclaimed, how much construction land can be added to the town.
From a comprehensive point of view, first, because the land indicators of "linking the increase or decrease of urban and rural construction land" are not included in the overall indicators of the state's annual new construction land; second, there is no "six-fold discount"; the third is to go to the rural areas to replace the indicators of rural saved construction land into the city through the demolition of houses and villages, and then to the landing of indicators, land requisition and demolition to carry out project development. Therefore, in the period from 2009 to 2012, when the "link between the increase and decrease of urban and rural construction land" was everywhere, according to conservative estimates, the total scale of new construction land actually used in the year was about one-quarter to one-third more than the target issued by the state. It is not difficult to imagine that in those years, the increase in the issuance of central bank currency, the expansion of the scale of loans from financial institutions, the increase in local government debt, and the sharp increase in the scale of production of building materials such as steel and cement were obviously not without reason. Therefore, the blind expansion of urban construction land must not underestimate its negative impact on macroeconomic stability. In 2018, the No. 1 document of the CPC Central Committee put forward the policy of "improving the management method of the balance of arable land occupation and compensation, establishing a cross-provincial adjustment mechanism for new cultivated land indicators such as high-standard farmland construction and the increase and decrease of urban and rural construction land, and using all the proceeds through the expenditure budget to consolidate the results of poverty alleviation and support the implementation of the rural revitalization strategy", and the General Office of the State Council issued a notice on the implementation of the above two policy management measures. In the circular, a series of specific and meticulous regulations were formulated for the implementation of these two policies, so that this practice of replacing the rural construction land indicators with cities by increasing cultivated land has clearer norms and stricter constraints.
4. It is urgent to solve the serious structural contradictions of urban construction land
Chen Xiwen: China is still in the stage of urbanization, if cities and towns want to develop, it is impossible not to increase the occupation of land, but it is also necessary to raise the question from another side, that is, how much land is still needed for urban development? Judging from the overall situation in our country, the main contradiction in the current land problem in urban development is not the total amount, but the structure. This structural contradiction is mainly reflected in two aspects: First, the structural contradiction of urban land use between regions. This is manifested by the tight land use of large cities and megacities with fast population growth, while the population growth is slow and even the net outflow of population is too much in small and medium-sized cities and towns. According to the data released by the Ministry of Housing and Urban-Rural Development, in 2016, the total area of China's urban built-up area was 54,300 square kilometers, with a permanent population of 477 million; the total area of the county-level built-up area was 19,500 square kilometers, with a permanent population of 155 million; the total area of the built-up area of the formed town was 39,700 square kilometers, with a permanent population of 162 million; and the total area of the built-up area of the township government was 0.67 million square kilometers, with a permanent population of 0.28 billion. [5] China's standards for urban construction land are: the per capita occupation of land in cities is not more than 100 square meters, the per capita occupation of county towns is not more than 105 square meters, and the per capita of formed towns is not more than 120 square meters. Judging from this standard, at present, the built-up area of China's cities, counties and towns is not insufficient, but has exceeded the standard. In 2016, the current land area of villages in the country was 139,200 square kilometers,[6] accounting for 53.66% of the total area of urban and rural built-up areas in the country of 259,400 square kilometers (of which the total built-up area of cities, counties, organized towns and townships was 120,200 square kilometers), but the proportion of Rural Household Registration Population in China in 2017 was 57.65% of the total national population. Therefore, it is not in line with the facts to over-exaggerate the so-called insufficient urban construction land and the excessive construction land in rural villages. The second is the structural contradiction of land use within cities and towns. In urban built-up areas, the proportion of land used for industry and warehousing is high, while the proportion of land used for housing and service industries is low, which is a common phenomenon. The reasons for the imbalance of the land use structure within this kind of town are not only the special reasons that China is in the stage of accelerated development of industrialization, but also the general reasons such as the serious distortion of the formation mechanism of land supply prices. In order to attract investment, most of the localities have kept the price of industrial land very low, basically equivalent to only one-eighth to one-tenth of the price of local residential and commercial land. What's more, in order to attract so-called well-known enterprises, some localities have adopted the practice of further reducing prices and even implementing zero land price supply on the already low price of industrial land. As a result, industrial enterprises often occupy a large amount of land (especially the enterprises in various "parks"), resulting in inefficient use or even idle use of a large amount of land. General Secretary Xi Jinping pointed out at the end of 2013: "At present, 5,000 square kilometers of urban industrial and mining construction land are in a state of inefficient utilization, accounting for 11% of the country's urban built-up areas. [7] The price of land supply for industrial land is too low, so how to compensate for the cost of land acquisition, demolition and resettlement? In the early days, of course, it relied on lowering the compensation for the expropriation of rural collective land, but to a certain extent it could not be suppressed; so it could only raise the price of land supply for urban commercial and residential land, so as to obtain a general financial balance between the cost of land acquisition and the income from land transfer. Obviously, the low price of industrial land is exchanged for the benefit of farmers and citizens, so it is also difficult to sustain. General Secretary Xi Jinping once pointed out: "In the future, urban construction land, especially the three major urban agglomeration areas optimized and developed, should focus on the revitalization of stocks, and can no longer expand construction land without restraint, not every town must grow into a giant, and the waist circumference must continue to expand." "All localities should reduce industrial land in light of actual conditions, appropriately increase living land, especially residential land, effectively protect agricultural spaces such as cultivated land, garden land, and vegetable land, and delineate ecological red lines." It is necessary to adjust the unreasonable price ratio between industrial land and residential land in urban construction land, and resolutely put an end to the phenomenon of zero land price or even upside down posting of industrial land. ”[8]
It can be seen from this that the current prominent contradiction in China's urban construction land is the structural contradiction of land use within the city, and the main aspect of this contradiction is that the proportion of industrial land is high, and the crux of the problem is that the pricing mechanism of industrial land is seriously distorted. Therefore, it is necessary to seize the historic opportunity of China's economy to change from high-speed growth to high-quality development, accelerate the transformation of the inertia of thinking formed in the stage of pursuing high-speed growth, vigorously readjust the industrial structure and land use structure within cities and towns, increase the secondary development of abandoned land, idle land, and inefficiently used land in cities and towns, and strive to revitalize the urban land stock and comprehensively enhance the efficiency of urban land use. Otherwise, no matter how much land is expropriated in the countryside, it will also fill the appetite of urban construction. Of course, there are also many irrational phenomena in the current situation of construction land in rural villages. However, the collation of rural village construction land should be more used for reclamation as arable land, return to ecological land, and leave it for the integrated development of new industries, new formats and first, second, and third industries in rural development, rather than blindly replacing it with cities and towns with more per capita land use as new construction land indicators.
Chen Wensheng: The absolute dominance of local governments in the distribution of land benefits is mainly based on the right to develop urban and rural development. Some experts have found that some urban planning basically does not adhere to and guarantee the rational use of land as the premise, land planning says that adjustment is adjusted, and even authorized to real estate developers, real estate developers require how to build how to build, how to give as many land use indicators as can be given, the so-called planning control is mainly to serve the sale of land by local governments. Local governments may give priority to planning rural land that meets the needs of industrialization and urbanization as collective operation construction land that has smoothly entered the market, and may also plan collective operation construction land that does not fall within the scope of government development as public land and green land. Then, the interests of the peasants and the village collectives can only stand on the sidelines.
In terms of specific planning, the countryside and the city are also very different, the urban government has a total balance of land revenue in the urban area, and the planning of residential, commercial, square and greening can be coordinated under the overall interests. However, rural subjects are pluralistic and interests are pluralistic, and for a long time there is a lack of a distribution mechanism for the balance of the total amount of land interests, and local governments with absolute planning dominance, especially local governments in the middle of industrialization, it is difficult to adhere to the principle of giving priority to agricultural and rural development in the process of industrialization and urbanization, especially it is difficult to give priority to the development of farmers and villages, which will inevitably lead to contradictions and conflicts with farmers' interests. As a unique natural landscape, the countryside has a long distance between buildings, rather than the dense buildings like the city, especially the development of new industries and new formats in rural revitalization has specific laws, which itself requires a large amount of supporting land. However, the planning policies of many places require that the collective operation construction land in the landscape and the field must be supported by the distance and green space of the urban building standard, and it is not allowed to enter the market without crossing this high threshold.
It can be seen from this that the top-level design of rural land reform should be directional and principled, not too detailed, let alone one-size-fits-all. China has an eastern, central and western region, and the situation in each region is different. Even if the scope of a province in Hunan is different, the counties and districts of Chang, Zhu, and Tan are different, and the western Hunan Province, the Southern Hunan Province, and the Northern Hunan Province are even more different. At the same time, rural revitalization is not every village can be revitalized, some villages will naturally die, belongs to the national rural revitalization plan in the clear "relocation and merger of villages", it is not necessary to plan too much land to rebuild a "hollow village". In the case that some cities are about to become "hollow cities", there are still scarce land resources to build hollow "model villages". Therefore, where the population of the whole region is concentrated, how to lay out the central villages, characteristic towns, and regional urban centers must be studied in depth, and rural land reform should be based on the planning of regional development. In the village, how to coordinate the layout of living space, production space, and ecological space; which are non-agricultural land, which are farmland and forest land? How to concentrate, and where to concentrate? How to tidy up the farmland? All need to be based on sustainable development, and the strategic vision of the future cannot be lost in the sake of phased work goals.
exegesis:
[1] According to the Land and Resources Daily on May 28, 2018.
[2] Decision of the State Council on Deepening Reform and Strict Land Management (Guo Fa [2004] No. 28). "Encourage the consolidation of rural construction land, and the increase in urban construction land should be linked to the reduction of rural construction land."
[3] Xi Jinping, "Speech at the Central Urbanization Work Conference," December 12, 2013. Selected Important Literature Since the Eighteenth National Congress (Part I), p. 594. Published by the Central Literature Publishing House, the first edition in September 2014.
[4] Ibid. p. 605.
[5] Ministry of Housing and Urban-Rural Development: Communiqué on Urban and Rural Construction 2016.
[6] Ibid.
[7] Xi Jinping, "Speech at the Central Urbanization Work Conference", Selected Important Documents Since the 18th National Congress, p. 597.
[8] Ibid.
Rural Discoveries Transferred from: Chen Wensheng, "On the "Three Rural Areas" of the Great Dao: Frontier Issues in Dialogue", China Agriculture Press, April 2021.