The Basis of Land Management: Balance of Farmland Occupation and Compensation

1, the meaning of cultivated land occupation and compensation balance

The balance of cultivated land occupation and compensation refers to the occupation of cultivated land by non-agricultural construction. According to the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land with the same quantity and quality as the occupied cultivated land; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land. The balance of cultivated land occupation and compensation is the legal obligation of units and individuals occupying cultivated land.

2. Contents of relevant systems of farmland occupation and compensation balance.

(1) Basic requirements for the system of balance of cultivated land occupation and compensation

1) Where the construction occupies cultivated land, the obligation of reclaiming cultivated land must be fulfilled; Whether it is national key construction projects, urban construction, township enterprises or rural residents building houses, those who occupy cultivated land must fulfill the obligation of reclaiming cultivated land. There are no special circumstances and no exceptions. | The exam is big | This has changed the past regulations that the State Council can occupy basic farmland with approval, and the basic farmland protection areas can be exempted from farmland reclamation fees. Large and medium-sized construction projects such as energy, water conservancy, transportation and national defense land invested by the state, like other projects, have no special treatment and also embody the principle of fairness. Protecting cultivated land is not only a matter for local governments, but also the central government should fulfill its obligations of investing and occupying cultivated land to ensure the balance between construction and reclamation.

2) The person responsible for reclaiming cultivated land is the unit occupying cultivated land; It is very important to clarify the responsible unit legally, which is conducive to the supervision and performance of duties in the process of law enforcement. According to the present situation of construction land, it can be divided into three types:

(1) After the unified land requisition for urban construction area, the municipal and county people's governments shall undertake the obligation of land reclamation, and the land reclamation cost can be included in the construction land cost, but the responsibility must be borne by the county and city people's governments;

(two) the land for construction projects outside the urban construction area shall be the responsibility of the construction unit that undertakes the obligation of land reclamation, and the land administrative departments of the county and municipal people's governments shall be responsible for supervision and acceptance;

The construction of villages and market towns occupies cultivated land, and it is the rural collective economic organizations or villagers' committees that undertake the obligation of reclaiming cultivated land. Land management departments of county and municipal people's governments are responsible for supervision and acceptance.

3) Land reclamation funds must be implemented; In the past, the funds for land reclamation were not implemented, partly because there were plans and no funds. Therefore, both the construction unit and the local people's government must implement land reclamation funds as needed.

4) Implement cultivated land plots; When formulating the overall land use planning, all localities should formulate the development area of cultivated land reserve resources according to the local land resources, so that the construction unit can develop the land. Reclamation of cultivated land should also be combined with ecological environment construction to prevent deforestation and damage to the ecological environment of the land.

5) If the reclamation conditions are not met, or the cultivated land does not meet the requirements, the construction unit may pay the reclamation fee in accordance with the relevant regulations, and the land management department of the local government shall fulfill the reclamation obligations.

Unconditional reclamation means that the construction unit cannot engage in reclamation because it has no manpower and machinery to carry out reclamation. Cultivated land does not meet the requirements, which means that the quantity and quality of cultivated land do not reach the specified cultivated land index. Making this provision not only solves the problem that some construction units can't organize special forces to reclaim cultivated land due to lack of manpower and material resources, but also realizes that after the construction units pay the land reclamation fee, the local government can organize forces to reclaim cultivated land to ensure that the quantity and quality of cultivated land meet the relevant requirements.

(2) the responsibilities of the provincial people's government in the balance system of cultivated land occupation and compensation

1) Formulate the cultivated land reclamation plan; According to the current Land Management Law, the provincial people's government is responsible for the dynamic balance of total cultivated land, and is also the organizer and supervisor of cultivated land reclamation. Therefore, the people's government at the provincial level should formulate a plan for the reclamation of cultivated land according to the overall land use planning, the annual land use plan and the actual situation of cultivated land occupied by construction, and decompose it and issue it. The plan should be practical, concrete, easy to operate and easy to supervise.

2) Supervise the construction unit and the county and municipal people's governments to reclaim cultivated land; To truly implement the work of reclaiming cultivated land, it is necessary not only to plan and clarify responsibilities, but more importantly, to carry out effective supervision so that the responsible units can earnestly perform their responsibilities. Punish units that fail to perform their responsibilities according to law. The objects of supervision are: first, the county and city people's governments; The second is the construction unit of large and medium-sized construction projects. The content of supervision is whether the plan is implemented and whether the cultivated land meets the standards.

3) Organize the reclamation of cultivated land.

The provincial people's government mainly organizes some construction units and local people's governments to reclaim some key areas, especially to solve the problem of reclamation of some cultivated land across counties and municipalities, coordinate the relationship between local governments, land owners and cultivators, ensure the smooth progress of cultivated land reclamation, and conduct acceptance of reclaimed cultivated land.

(3) Compilation and review of supplementary cultivated land scheme

1) The land administrative department of the people's government at the county level is generally responsible for the preparation of the supplementary cultivated land plan.

Where the people's governments of municipalities directly under the central government and municipalities directly under the central government apply for urban construction land to occupy cultivated land, the land administrative departments of the people's governments of municipalities directly under the central government and municipalities directly under the central government shall be responsible for the preparation.

2) The contents of the supplementary cultivated land plan, such as the name of construction land, the occupied cultivated land area, the responsible unit of supplementary cultivated land, the implementing unit of supplementary cultivated land, the completion of supplementary cultivated land, the location and quantity of the proposed supplementary cultivated land, the location and area of basic farmland plots, etc. , should be filled in in the form of a table.

3) Supplementary contents of farmland plan audit

(a) whether the responsible units and implementing units of supplementary cultivated land are implemented;

(2) Whether the location and area of supplementary cultivated land are determined;

③ Whether the ways and means of supplementing cultivated land are appropriate;

(4) Whether the safeguard measures for supplementing cultivated land are effective;

(5) if the construction occupies basic farmland, it is necessary to review whether the position of basic farmland is implemented and whether the quality meets the requirements.

The purpose of reviewing supplementary cultivated land is to ensure that the cultivated land occupied by construction must be supplemented, and the occupied basic farmland must also be included in the basic farmland from ordinary farmland or newly reclaimed cultivated farmland with the same capacity.

3. The amount of cultivated land in the balance of cultivated land occupation and compensation is converted by grade.

Since the implementation of the Land Management Law revised from 65438 to 0998, with the efforts of governments at all levels and land and resources departments, the balance of cultivated land occupation and compensation has achieved remarkable results, and the provinces (autonomous regions and municipalities directly under the Central Government) have basically achieved a total balance. However, in some places, according to the assessment of construction land projects, there are still phenomena of "more occupation and less compensation" and "superior compensation", and the quality problem has always been a weak link in the balance of cultivated land occupation and compensation. Converting the quantity and quality of supplementary cultivated land according to grades is a necessary means to strictly implement the compensation system for occupied cultivated land, solve the outstanding problems existing in the current balance of occupied cultivated land, urge the construction unit to fulfill its legal obligations, and ensure that the quantity and quality of supplementary cultivated land are equivalent to the occupied cultivated land; It is an important measure to implement the document of People's Development [2005]l and the spirit of the central forum on population, resources and environment work, fulfill the responsibilities of the land and resources department, strictly protect cultivated land, especially basic farmland, improve the comprehensive agricultural production capacity and realize the national food security strategy.

The quantity and quality of supplementary cultivated land are converted by grades, which is based on the principle that the comprehensive agricultural production capacity will not be reduced, and the quantity and quality of supplementary cultivated land are linked with the grade of occupied cultivated land by using the results and methods of grading conversion of agricultural land, so as to realize the balance between quantity and quality of cultivated land. According to the needs of ecological environment construction in China, it is not appropriate to advocate directly increasing the number of supplementary cultivated land to meet the quality because of the shortage of reserve cultivated land resources; In order to ensure that the amount of cultivated land determined in the overall land use planning is not reduced, it is not allowed to reduce the amount of supplementary cultivated land on the grounds of supplementing high-quality cultivated land at this stage. The quantity and quality of supplementary cultivated land should be transformed according to the grade, and the grade of supplementary cultivated land should be improved on the basis of "taking one to make up one"; Affected by natural conditions and other factors, the level of supplementary cultivated land can not reach the level of occupied cultivated land, and the area of supplementary cultivated land must be increased according to the grade conversion.

Example: The state implements the compensation system for occupying cultivated land. Non-agricultural construction approved the occupation of cultivated land, you can take the form of () compensation. (2000 Basic Examination Questions of Land Management)

A. The land-using unit reclaims the cultivated land equivalent to the quantity and quality of the cultivated land occupied.

B. Pay land reclamation fees

C. Compensation payment for cultivated land

D. Pay the farmland occupation fee

Answer: AB

Analysis: the balance of occupation and compensation refers to the fact that if non-agricultural construction is approved to occupy cultivated land, according to the principle of "how much is occupied, how much is cultivated", the unit occupying cultivated land is responsible for reclaiming cultivated land equivalent to the quantity and quality of cultivated land occupied; If there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of provinces, autonomous regions and municipalities directly under the Central Government, which shall be used exclusively for reclamation of new cultivated land.