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 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
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