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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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