I. Work Objectives (1) Overall objectives.
It will take three to five years to basically solve the historical problems of land expropriation and idle land disposal in our province.
(2) Work tasks in 2007.
1. Clean up all kinds of problems left by land requisition and idle land disposal, find out the base, find out the causes of the problems one by one, and establish the database of land requisition and idle land in the whole province.
2. More than 50% of the total number of cases left over from land acquisition; Among them, the strong reaction of the masses, which has caused * * * or may cause * * *, should be resolved within this year.
3 to solve the total number of idle land disposal disputes more than 30%; The value of land exchange certificate exceeds 20%.
(3) Work tasks in 2008-2009.
1. Basically solve the problems left over from the land acquisition history and take measures to further improve the land acquisition system.
2. The total number of cases to solve idle land disposal disputes reached more than 70%; The accumulated value of the recovered land-for-equity book has reached more than 60%.
(4) Work tasks from 2010 to 20 1 1.
1. basically solve the problem of idle land disposal disputes.
2. basically complete the recovery of land exchange rights.
Second, the focus and specific content of the work This special work is divided into two aspects: First, various historical problems left over from the land acquisition from 1990 to 2005, including arrears of compensation for land acquisition by farmers, idleness after land acquisition, employment and resettlement of landless farmers' labor force, life insecurity and various problems caused by the implementation of land acquisition; Second, various problems left by the disposal of idle land, including * * * and farmers * * * and enterprises.
The specific contents of the clean-up are as follows: (1) Problems left over from land acquisition.
1. Accounting and payment of farmers' collective land compensation fees.
Mainly to clean up whether the compensation standards for specific projects (especially infrastructure) formulated by cities and counties * * * comply with the provisions of the Land Management Law and other relevant laws and regulations, whether land acquisition compensation is calculated according to the land acquisition plan approved according to law, and especially whether some key projects in cities and counties have the behavior of * * * lowering the compensation standards for land acquisition; Comprehensively clean up 1990-2005 land acquisition compensation, a construction project of arrears, interception and misappropriation of collective land; Whether land acquisition compensation, which is in arrears, has made a repayment plan within a time limit and organized repayment in strict accordance with the plan; Whether the interception, misuse and misappropriation of land acquisition compensation has been corrected, and whether the responsible personnel have been dealt with according to law and discipline.
2. The employment and resettlement of landless farmers are not implemented, and their lives are not guaranteed.
After the land of collective economic organizations has been expropriated in a large area, investigate and verify the total number of landless farmers and the per capita cultivated land area; Whether the recruitment and resettlement indicators promised by local land acquisition are implemented; Whether the resettlement plan for landless peasants has been formulated in accordance with national policies, including employment training, social security, and reserved production land.
3. Examination and approval of land requisition.
* * * Whether there are illegal acts of land requisition approval at all levels, including various forms of ultra vires approval, land requisition and conversion of agricultural land, and expropriation of farmers' collective land without legal approval; Cities and counties * * * strictly implement the "two announcements and one registration" system of land acquisition announcement, land acquisition compensation and resettlement plan announcement and land acquisition compensation registration of construction projects approved by the State Council and the provincial people's government according to law.
4. The distribution, use and management of land acquisition compensation, a village collective economic organization.
Mainly check whether the compensation for land acquisition is included in the village collective finance and implement special management and supervision; Whether the village collective finance implements democratic financial management and financial disclosure; Whether the land acquisition compensation paid to the village collective economic organizations is reasonably distributed between the village collectives and farmers in accordance with relevant regulations, and whether the rights and interests of landless farmers are guaranteed; Whether there is any violation of discipline and law in the management and use of land acquisition compensation obtained by village collective economic organizations.
(2) Problems left over from the disposal of idle land.
1. Comprehensively find out all kinds of remaining problems related to the disposal of idle land, focusing on finding out the quantity, area and present situation of land, farmers' use and rehabilitation.
Specific contents: ① The land has been approved according to law, but it has not been developed and utilized for various reasons and is still cultivated by farmers; (2) the land has been expropriated and left idle after transfer, and * * * has been recovered according to law, but still owes farmers compensation for land acquisition; (three) after being disposed of by means of development or change of use within a time limit, it is idle again; (4) There is no evidence to check the payment of land acquisition compensation due to irregular land acquisition operation and lost or incomplete land acquisition files.
2. Problems caused by the disposal of land owners * * *, * *, administrative reconsideration or judicial proceedings, with the focus on finding out the quantity, area and present situation of land and the objections of land owners and the focus of problems.
Specific contents: ① The land was originally disposed of in the form of restricted development, but it could not be developed and utilized due to planning constraints and other reasons, resulting in continuous idle land; (2) the land owner refuses to accept the disposal of * * after the land is recovered free of charge according to law or the land exchange right book is issued, and applies for administrative reconsideration or brings a judicial lawsuit; (3) The judicial organ has ruled that idle land should be transferred, but it does not meet the legal requirements and cannot go through the transfer procedures, so * * * should be disposed of according to law.
3. The main problems existing in the issuance of land transaction rights.
Comprehensively find out the total value and recovery amount of land exchange rights, find out the reasons why the amount of land exchange rights is large, the recovery amount is small, and the contradiction between delivery and collection is prominent, as well as the reasons why the circulation channels of land exchange rights are not smooth and the depreciation is serious, and analyze the possible consequences.
Three. Working mechanism and measures (1) Strengthening organizational leadership.
In order to do a good job in special clean-up, the Provincial Department of Land, Environment and Resources has set up a special work leading group, with Director Lin Shiluan as the team leader and Deputy Team Leader Ding Shijiang. The office is located in the cultivated land protection section and the land use section of the office, and the work responsibility system is established to ensure the smooth completion of the special inventory task.
Cities and counties should set up specialized agencies accordingly, formulate work implementation plans according to the actual situation of cities (counties), implement the division of labor among leaders, and personally take charge of the leaders to effectively solve the problems left over from land acquisition and idle land disposal.
(2) Strengthen follow-up supervision.
1. The provincial leading group for special clean-up will regularly compile work briefing to reflect the progress of work in cities and counties and report the situation to the leaders of the four teams in the province in a timely manner.
2. For key areas and key projects that are seriously in arrears with farmers' compensation for land acquisition, the Provincial Department of Land, Environment and Resources, together with the departments of supervision, agriculture and auditing, will take the lead in key supervision and recovery.
3. Linked with land use approval and planning indicators.
For the city (county) that has not completed the task of dealing with the remaining problems, the approval of agricultural land conversion and land acquisition in the next year of the city (county) will be suspended; At the same time, the planned indicators reserved in the province during the year will no longer be transferred to the cities (counties) that have not completed the disposal tasks.
(three) adhere to the legal and reasonable premise, adopt the policy of differential treatment, and properly solve the problems left over from the history of land acquisition.
Cities and counties should properly solve the problems left over from the history of land acquisition according to the laws and regulations of the state and our province on land management.
1. For the land that does not conform to the overall land use planning and urban planning, can not be developed and utilized in the near future, the farming conditions are not damaged or the original land acquisition procedures are not perfect, farmers really cannot get land acquisition compensation, and the land acquisition has not been actually implemented, the original land acquisition agreement should be dissolved according to law and the land should be returned; Or sign an agreement with farmers to let them temporarily cultivate and entrust management.
2. In line with the overall land use planning and urban planning, but it is impossible to arrange construction projects in the near future, and the farming conditions have not been destroyed, farmers can be organized to re-cultivate, and appropriate compensation can be given when land is re-exploited; For those who are still in arrears with farmers' compensation for land acquisition, * * * should make a time plan to repay within a time limit, or return the corresponding area of land to farmers according to the amount of compensation in arrears.
3. In line with the overall land use planning and urban planning, the land that can be developed and constructed in the near future is still in arrears with farmers' compensation for land acquisition, and the local * * * can pay the compensation for land acquisition, which will be included in the * * * land reserve after completing the land use procedures.
4. For all kinds of development zones established by cities and counties in the early 1990s, the production land of collective economic organizations whose land was expropriated due to the initial leveling, and the damaged, idle and abandoned cultivated land, local * * * should arrange special funds for the restoration of farmland water conservancy facilities and the creation of farming conditions; In addition, we should actively guide farmers to make full use of existing land resources and develop efficient agriculture in combination with regional industrial advantages.
(D) Take a variety of ways to solve the production and life of landless farmers.
1. Where the local * * * promises to recruit and resettle, but it has not been fulfilled for many years due to various reasons, it is necessary to consciously introduce some labor-intensive enterprises with stable income when arranging projects, and stipulate that land-using units will give priority to recruiting employees of land-expropriated units under the same conditions; At the same time, coordinate the recruitment unit to sign labor contracts with the recruitment and resettlement personnel. During this period, if the employer terminates the labor contract with the resettlement personnel due to business needs, it shall make up the pension and other social insurance expenses at one time (except for the termination of the labor contract due to my own reasons).
2. Establish and improve the employment training mechanism for land-expropriated farmers: the local government arranges special funds every year, and the employment department organizes free training for land-expropriated unemployed farmers to strengthen the labor skills training of land-expropriated farmers in order to improve their employment competitiveness; If the land-expropriated farmers in the overall urban planning area apply for unemployment registration, the public employment service agencies shall provide reemployment support in a timely manner.
3. Formulate preferential policies to encourage landless peasants to choose their own jobs: Local governments should provide preferential policies for landless peasants who are self-employed and start their own businesses in terms of loans, taxes and venues. In particular, the financial sector can relax credit conditions, lower the threshold for loans, encourage and support landless farmers to develop production and strive to increase their income.
4. Establish the social security system for land-expropriated farmers: cities and counties should study and formulate the implementation law of old-age security for land-expropriated farmers in this city and county in accordance with the requirements of the Notice on Doing a Good Job in Employment Training and Social Security for Land-expropriated Farmers (Fu Qiong [2007] No.20), clarify the sources of funds, payment standards and enjoyment of benefits, and establish individual pooling accounts for land-expropriated farmers as soon as possible.
(five) continue to increase the disposal of idle land.
1. Municipalities (counties) shall, in accordance with the relevant provisions of the Decision of the Standing Committee of Hainan Provincial People's Congress on Accelerating the Disposal of Suspended Construction Projects in Hainan Special Economic Zone, continue to negotiate with the court for the land that has not been disposed of due to judicial seizure and implement the disposal as soon as possible.
2. Municipalities (counties) should clean up the land that is idle again after being disposed of by restricting development and changing use, and find out the reasons: if it is caused by the land-using unit itself, it must be resolutely recovered; Due to the planning adjustment of * * *, imperfect municipal infrastructure and other reasons, local * * * should not only implement the land development conditions as soon as possible according to the terms agreed in the original agreement, but also negotiate with the land-using unit to agree to return the land in a paid way, sign an acquisition agreement with the land-using unit as soon as possible, and after paying the land acquisition fee, put the land into the * * * land reserve for unified use.
(6) Establish an effective land exchange right recovery mechanism.
1. Establish a system to recover land exchange rights and interests when land is re-circulated.
City (county) * * shall strictly implement the provisions of Article 10 of the Interim Law on Circulation and Recovery of Land Exchange Entitlements in Hainan Special Economic Zone (provincial decreeNo. 10). 199): "The transferee can pay 70% of the land transfer fee in the form of land exchange rights; After the transfer of new construction land, after the land transfer fee is paid in cash for land acquisition (recovery), 70% of the remaining land transfer fee can be paid in the land exchange right book.
2. Incorporate into land use planning and management.
Combined with the annual land supply plan indicators, the city (county) * * * issued the annual land recovery right book indicators.
3. Establish a recycling fund.
City (county) can be set up in accordance with the provisions of the land exchange rights book recovery fund, the recovery fund from the city (county) in a certain proportion of land revenue, earmarked for the recovery of land exchange rights book.
Four. Several work requirements (1) strict accountability: the problems left over from the land acquisition history and the disposal of idle land should be included in the important content of the performance evaluation of cities and counties, and the evaluation should be carried out every year; For the cities (counties) that have caused the masses to * * * or * * due to long-term arrears of land acquisition compensation, the relevant leaders shall be investigated for responsibility; Failing to recover the land transaction right according to the provincial government decreeNo. 10. 199 shall be ordered to make corrections within a time limit, and those who fail to make corrections within the time limit shall be given administrative sanctions.
(2) Guarantee the capital investment to solve the remaining problems of land acquisition and idle land disposal: First, implement the land acquisition compensation and resettlement funds, and cities and counties should arrange special funds to solve the problems of land acquisition compensation, recruitment and resettlement, social security and skills training that are still in arrears to farmers.
The second is to ensure special work funds. The city (county) * * * should implement special work funds, and according to the work progress and tasks of the year, the required expenses will be included in the fiscal budget to solve them.
(3) Cities and counties should take this special clean-up work as an opportunity, establish and improve the land acquisition management system in accordance with the requirements of the land acquisition system reform, focus on improving the land acquisition procedures, prohibit the abuse of land acquisition rights, lower the statutory compensation standards for land acquisition, reform the land acquisition compensation methods, and establish and improve the social security system for land-expropriated farmers in accordance with the principle of "land for social security".
Verb (the abbreviation of verb) in 2007 is based on the unified deployment of the province, and this work adopts the method of combining up and down linkage, self-examination and self-correction, and key supervision.
Special work is divided into three stages.
The first stage.
Check the bottom (from September 6th to 65438+1October 3rd1).
By the cities (counties) * * * according to the requirements of relevant laws, regulations and policies and the scope of special clean-up, conduct a comprehensive investigation and clean-up of the above problems, grasp the total amount, types and distribution of the remaining problems, and fill in the survey statistics compiled by the whole province (separately); If the parcel file is lost or incomplete, it should be supplemented and improved; Carefully find out the base number and do a good job in investigation and registration.
The second stage.
Rectification (1 65438+1October1to 65438+February 5).
The people of cities (counties) should focus on the analysis and research of the problems identified, formulate rectification measures according to different situations, and implement the treatment opinions; At the same time, in view of the causes of the problems, establish and improve rules and regulations, plug loopholes and standardize management.
It is necessary to take the problems strongly reflected by farmers and right holders as the focus of treatment and rectification.
The third stage.
Annual inspection and acceptance (February 5, 65438 to February +0, 365438).
Cities (counties) make an annual summary of the work of clearing and solving the problems left over from land acquisition and idle land, and submit a summary report 1 1 to the Provincial Department of Land, Environment and Resources at the end of June.
The Provincial Department of Land, Environment and Resources will organize a joint inspection team with relevant departments to conduct annual inspections on the work of cities and counties according to the clean-up situation of cities (counties).
For cities (counties) that have not completed their tasks, the Joint Inspection Unit will put forward accountability suggestions and report them to the provincial bureau of * * * together with the annual inspection results before the end of 65438+February.
According to the Mobilization Conference of Hainan Province on Dealing with Historical Issues of Land Disputes and the Notice of Hainan Provincial Department of Human Resources and Social Security on Printing and Distributing the Work Plan for Special Treatment of Outstanding Rural Land Problems in Hainan Province (Fu Qiong [2007] No.77), in order to better implement the rural land contract law, further improve the rural land contract relationship and effectively solve the rural land transfer disputes, in view of the outstanding problems existing in the rural land contract and transfer work in our province,
1. The guiding ideology is guided by the theory of * * * and the important thought of * * *, with Scientific Outlook on Development as the guide, resolutely implement the rural land contract law, fully implement the basic policies of the party and the state in rural areas, resolutely correct, investigate and solve disputes over rural land contract transfer, protect farmers' land rights and interests according to law, ensure the standardized and orderly transfer of land contract and land contract management rights, and stabilize and improve the rural land contract relationship in our province. For our province to develop modern agriculture, build a well-off society in rural areas in an all-round way, promote the development of agriculture and rural economy, protect farmers' land rights and interests according to law, ensure the standardized and orderly circulation of land contracting and land contractual management rights, stabilize and improve the rural land contract relationship in our province, and lay a solid foundation for our province to develop modern agriculture, build a well-off society in rural areas in an all-round way, and promote agricultural, rural economic development and rural social stability.
Two, the overall goal is to basically solve the remaining disputes in the rural land contract transfer in our province in three years.
In accordance with the provisions of the rural land contract law, we should properly handle the problems left over from the second round of land contract, especially the land disputes caused by the outsourcing circulation "Sandao Pass" (that is, the term is too long, the area is too large, and the land price is too low), effectively standardize the rural land contract circulation behavior, strengthen the management of land contract circulation contracts, contract management warrants and files, establish and improve an effective rural land contract circulation management mechanism, and protect the legitimate rights and interests of contractors according to law.
Third, the main content (a) to find out the situation of rural land transfer disputes.
According to the rural land contract circulation policy and rural land contract laws and regulations, the remaining problems and outstanding problems since the second round of rural land contract were comprehensively investigated.
In particular, it is necessary to conduct a comprehensive inventory of disputes caused by non-compliance with legal procedures or "three-no-let-go" in the process of rural land contracting abroad, and find out the number, area, land use status and specific reasons of disputes.
(two) according to the law to deal with rural land transfer disputes.
On the basis of laws, regulations and policies, we will mediate and arbitrate rural land transfer disputes on a case-by-case basis to effectively protect farmers' land rights and interests.
(3) Improve and standardize the rural land contract circulation management mechanism.
Strengthen the construction of mediation and arbitration team for rural land transfer disputes, establish and improve the inspection system for the implementation of rural land contract policies and laws, and strengthen the management of rural land contract files.
Procedural management, standardized contracts and organized services will be implemented for rural land circulation, and the rural land circulation market will be steadily developed.
(four) to establish and improve the mediation and arbitration system of land contract and transfer contract disputes.
Properly mediate and handle disputes over land contracting and transfer, and protect the legitimate rights and interests of the parties according to law.
(five) to establish and improve the investigation mechanism of cases against farmers' land contractual management rights.
Agricultural administrative departments and rural management departments should cooperate with relevant departments to take the form of notification, supervision, investigation and exposure, and intensify investigation and punishment.
Four. Basic Principles To deal with disputes over rural land circulation, we should strictly grasp three basic principles: (1) stress stability and pay attention to perfection.
Where the second round of land contracting has been perfected, it is impossible to start again and re-contract, so as not to cause new contradictions; Imperfect places, according to the requirements of legal procedures, perfect procedures and complete housing ownership certificates, do a good job in rectification and standardization, and effectively stabilize and improve the rural land contract relationship.
(2) Respect public opinion in various forms.
Dealing with disputes over rural land circulation must fully respect the wishes of farmers and protect their legitimate rights and interests.
To solve the remaining problems, we should adjust measures to local conditions and proceed from the reality of each place, and solve whatever problems exist.
We should respect history, face the reality, take various forms, and not make a one-size-fits-all approach.
(three) to implement the responsibility, actively and steadily.
It is necessary to implement the responsibility system of party and government leaders in cities and counties, ensure that the investigation of rural land contract transfer disputes is fully completed, ensure that no new prominent contradictions appear, and ensure that rural social stability is not affected.
Five, the time arrangement in three years, basically solve the disputes left over by the rural land contract transfer in our province.
The three-year task is: in 2007, comprehensively check the rural land contract and circulation contract, focusing on whether there are "three problems" in the rural land contract, whether the villagers' democratic procedures are fulfilled, and whether there are examination and approval procedures. , and find out the base and reason of the dispute. The number of disputes handled this year reached more than 50% of the total number of disputes; In 2008, the cumulative number of disputes handled reached more than 80% of the total number of disputes; In 2009, the disputes left over by rural land contract transfer in our province will be basically solved.
The work arrangement in 2007 should be combined with the special treatment of rural land outstanding problems.
It is divided into four stages: organizational preparation, self-examination and self-correction, rectification and treatment, and annual summary.
(1) Organizing the preparatory stage (September 2007).
Cities and counties should conscientiously do a good job in propaganda and mobilization, establish special leading bodies, institutions and work teams, formulate work plans, carry out legal training and professional training, and conscientiously do all the preparatory work.
(2) self-examination and self-correction stage (June 5438+ 10).
Taking the city, county, township and village communities as a unit, and in the light of the spirit of the Rural Land Contract Law and other laws and regulations, we will check and clean up rural land circulation and contracted land one by one, find out the actual situation of rural land circulation disputes, register and find out the existing problems, and put forward specific measures for rectification.
(III) Rectification and treatment stage (2007 1 1 month).
On the basis of investigation, in view of the problems found in the inspection, according to the relevant provisions of rural land contract policies and laws, the classification is carried out for rectification.
(4) Annual summary stage (65438+February 2007).
* * * at all levels should organize inspection and acceptance to ensure the quality of rectification work.
Cities and counties * * * will submit a summary report on inspection and acceptance in 2007 (including the development of dispute handling, disputes investigated, corrective measures taken and achievements achieved, existing problems, future work plans and priorities, etc.). ) to the provincial department of agriculture, the provincial department of agriculture after the summary report to the provincial department of agriculture.
Safeguard measures for intransitive verbs (1) Strengthen organizational leadership and clarify work responsibilities.
* * * at all levels should set up a leading group for rural land transfer dispute settlement, headed by * * * in charge of the leadership, and led by relevant departments of agriculture, forestry, fisheries, land, supervision, legal system and * * * as the main members, responsible for leading the overall work.
The leading group shall set up an office in the administrative department of agriculture, composed of capable members of the leading group, and be responsible for the guidance, supervision, inspection and acceptance of rural land transfer disputes.
People at all levels should put the settlement of rural land transfer disputes on an important work agenda and pay close attention to it. It is necessary to establish a leadership division responsibility system in which the main responsible comrades personally take charge of the specific leaders and the leaders of relevant departments cooperate with each other, clarify the responsibilities and division of labor, implement the division of responsibilities, focus on people and tasks, and concentrate time and energy on handling rural land transfer disputes.
(two) combined with the actual situation in our province, the introduction of normative documents.
According to the laws, regulations and policies of rural land contract, aiming at the main contradictions in rural land circulation in our province, relevant normative documents are formulated, which has a clear basis for dealing with rural land circulation disputes, especially the "three links" issue.
(three) strict supervision and guidance, strengthen follow-up supervision.
People at all levels * * * to establish a supervision system, zoning package to guide, supervise and inspect the work in the region.
It is necessary to grasp the first level and implement it at all levels.
If the work deployment is not timely, the work is not in place, the rectification is not serious, and the problem is not completely solved, it is necessary to rectify within a time limit; Informed criticism went through the motions and practiced fraud in the special treatment work; During the period of special treatment, illegal acts that violate farmers' land rights and interests are regarded as violations of discipline.