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Land News
According to information
provided by departments concerned that were interviewed by
this reporter, phenomena of illegal and irregular
use of land and arbitrary occupation of farmland have recently
emerged in some places in the building of a new socialist countryside.
The main form of this is arbitrarily transferring agricultural
land into land for construction under the pretexts of "substituting
renting for requisitioning" or "circulation of rural
collective land." Government departments, enterprises, and
units in some localities bypass the legally-set examination and
approval procedures for agricultural land transfer and land requisitioning
and use a great deal of farmland to build "industrial cities," "century
plazas," "commerce and trade cities," industrial
bases," and so on.
The Ministry of Land and Natural Resources discovered through
satellite monitoring of 16 cities last year that the number
of instances of illegal land use accounts for nearly
60 per cent
of total new construction land, and the area of such land accounts
for nearly half the total, and as much as 90 per cent in certain
localities. Judging by initial information on the situation
this year, this momentum is continuing to escalate. The
Ministry of
Land and Natural Resources has recently investigated and dealt
with cases of illegal renting of the peas-ants' collective
farmland such as by the Four Seasons Flower Fragrance
Ecology Park and
Aquatic Products Trade City at Anyang in Henan, and the Taiyuan
Fuli Decorating Company Limited in Shanxi.
According to a responsible person concerned of the ministry's
Farmland Protection Department, at pre-sent only governments
at and above provincial-level have the right to examine and
approve land requisitions and agricultural land transfers;
and all cases
involving the requisitioning of over 35 hectares of basic farm-land
or agricultural land apart from basic farmland, and over 70
hectares of other land, must be approved by the State
Council. In order
to evade the policy, some local governments play a game of "substituting
renting for requisitioning," enabling local governments
at city, county, and even township and town levels to actually
possess "land requisitioning powers." Certain land-use
units also hope to occupy and use land more conven-iently through "substituting
renting for requisitioning," and at the same time avoid
various taxes that they should be paying the state.
The "State Council Circular on Relevant Issues in Strengthening
Land Regulation and Control" which was recently tabled points
out that the transfer of agricultural land to construction use
must accord with the overall land use plan, overall urban plan,
and overall village and market town plan, and be included in
the annual land use plans, and the examination and approval procedure
for agricultural land transfer must be carried out according
to law. It is prohibited to use the peasants' collective-ownership
land for illegal con-struction and to arbitrarily expand the
amount of land for construction through methods such as "substituting
renting for requisitioning." The circulation of peasant's
collective-ownership land for construction must accord with the
plans and be strictly limited within the legally acquired scope
of construction land.
Land is the peasants' "lifeline." The Central Document
No 1 of this year explicitly demanded that it is es-sential to
adhere to the basic rural operational system, respect the peasants'
status as the main party, and continually innovate rural structures
and mechanisms. A responsible person concerned of the State Council
Research Office has stated in this respect that the two-level
operational structure based on household con-tract operations
and combining uniformity with separation is a great creation
of the hundreds of millions of peasants. In the course of promoting
the building of a new countryside, it is essential to keep the
basic rural operational system stable for a long time and continually
perfect it, and to protect the peasants' land contract rights
and interests.
The responsible person said that in currently building modern
agriculture and tidying up the rural areas, we cannot arbitrarily
readjust contract land, change contract relationships, and
encroach on the peasants' land rights and interests. Places
where the
conditions are right can transfer land contract operation rights
in line with the principles of acting according to law, voluntary
action, and providing compensation, but we ab-solutely cannot
go against the peasants' wishes and do this forcibly heedless
of the conditions.
At the same time, it is necessary to persist in practicing
the strict land management system, strictly con-trol land occupied
by capital construction, and resolutely protect farmland well,
especially basic farmland, so as to leave sufficient living
and
development space for posterity. No matter what, we cannot
build a new countryside without farmland and agriculture.
Source: Xinhua news agency domestic service, Beijing, in Chinese
0713 gmt 13 Sep 06
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