(Original title: Group review of the draft Land Management Law: Compensation for land acquisition has become a hot topic, and it is recommended to enrich the content of "utilizing idle residential land")

Every reporter Zhang Zhongyin

▲On May 9, 2019, a land acquisition notice was posted on the public notice board in front of the village committee square of Gongzhuang Village, Bayu Township, Rongcheng County, Xiongan New District, Hebei Province Visual China Map

On August 22, the 12th meeting of the Standing Committee of the 13th National People's Congress opened. The widely watched draft amendment to the Land Management Law has been submitted for deliberation for the third time.

The rural land system is related to the development of the national economy and the vital interests of farmers. During the group deliberations on August 22, how to improve land acquisition compensation and how to make good use of idle homesteads became hot topics of discussion among many members of the Standing Committee of the National People's Congress who attended the group deliberations.

It is recommended that the compensation content include additional costs such as relocation and resettlement of villagers.

During the group deliberation, member Cheng Lifeng said that he agreed with the National People's Congress Constitution and Law Committee's report on the review results of the draft amendments to the Land Management Law and the Urban Real Estate Management Law. These two draft amendments to the law have been reviewed twice by the seventh and 11th Standing Committee. Judging from the legal text submitted this time, it is mature. It is recommended that the Standing Committee meeting review the revision before submitting it for a vote.

Cheng Lifeng said that this legal amendment adopts a positive and prudent attitude, and will upgrade the identified problems and practices proven feasible by reform practice into laws, and continue to carry out pilot projects for some temporarily unclear and immature practices. Therefore, it is recommended that while implementing the law, the scope of pilot projects should be further expanded, especially the comprehensive reform measures of the land system should be intensified, so as to provide more practical experience and legislative basis for the reform to be based on the law.

After the draft Land Management Law is passed, it will have a great impact on the current rural land system and the pattern of urban and rural land markets. Many members of the National People's Congress Standing Committee who attended the group deliberation expressed opinions and suggestions on how to improve land acquisition compensation and other aspects.

Member Jiao Yong said that the revised draft states that “if the majority of members of rural collective economic organizations whose land has been expropriated believe that the land acquisition compensation and resettlement plan does not comply with laws and regulations, the local people’s government at or above the county level should organize a hearing.” It is recommended to add another condition to this sentence, that is, “it does not comply with laws and regulations or does not comply with the wishes of the majority of land-expropriated villagers.”

“The reason why we add ‘not in line with the wishes of the majority of land-expropriated villagers’ is because in practice there are many situations where the land-expropriation compensation plan seems to be in compliance with laws and regulations, but farmers may not necessarily accept it.”

Jiao Yong gave an example, such as the land acquisition and resettlement plan for large reservoirs and hydropower stations. Many hydropower stations are now located in the mountains and ridges of the western region. In the past, legal regulations focused on large-scale agricultural resettlement and land-based resettlement. However, now it is very difficult for farmers in mountainous areas to find the same quantity and quality of land, whether for back-up resettlement or off-site resettlement, and the long-term livelihood of farmers cannot be guaranteed.

Member Tian Hongqi said that the draft Land Management Law and Real Estate Management Law proposed to add "relocation, temporary resettlement and other expenses caused by the expropriation of rural villagers' residences" as compensation content. The reason is that expropriation compensation should include compensation for direct losses caused by expropriation and compensation for indirect losses. This article stipulates that the land compensation content does not include compensation for indirect losses caused by the expropriation of farmers' houses. Expropriation cannot cover the actual losses of the expropriated people, and it is difficult to realize the function of the compensation system of "compensating for the losses of the expropriated people".

It is recommended to revitalize rural collective construction land resources

Member Liu Haixing said that he agreed with the draft land management law and made two suggestions from a macro level.

First, the scope of land acquisition is too wide, the standards are low, and the land acquisition procedures are not standardized enough. They are still the three major difficulties and pain points in the current reform of the land acquisition system. It is recommended that follow-up supervision be strengthened in the future, so that relevant operating rules and technical capacity building can be put in the forefront to avoid related social problems caused by farmers' interests being unable to be protected.

Secondly, modern agriculture is developing rapidly, and new rural industries and new business formats are constantly emerging, which has put forward new and higher requirements for facility agricultural land and construction land. It is recommended to further respond to the needs of situation development in the formulation of laws, and on the premise of adhering to the cultivated land red line and ecological red line, further reform and innovate rural land policies, and revitalize rural collective construction land resources.

Member Jing Hanchao said that some members of the Standing Committee and local governments have proposed that in order to promote the development of rural industries and improve rural living conditions, rural industries and homestead land should be rationally planned and make full use of idle homestead land. It is recommended to enrich this aspect.

He said that in accordance with the problem-oriented requirements, it is recommended that some policy statements should be upgraded to legal statements as much as possible, promotional regulations should be turned into deterministic regulations, and flexible regulations should be turned into rigid regulations, so as to further reflect the characteristics of "management law" and increase the operability, mandatory and authoritative nature of the law.