Combining dredging and blocking, rectifying the problem of unlawful occupation of cultivated land
Ensuring reasonable land for farmers to build houses (policy interpretation)
Cultivated land is our country's most precious resource. Cultivated land protection is a major event for 1.4 billion people to eat, and there is no room for missteps. However, in recent years, some rural areas have illegally occupied cultivated land and built houses without approval. The problem is prominent and spreading, which has touched the red line of cultivated land protection and threatened national food security.
Recently, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs jointly issued the "Notice on the "Eight Prohibitions" on the Unauthorized Occupation of Farmland in Rural Areas for Building Houses" and the "Notice on Guaranteeing the Reasonable Use of Land for Rural Villagers' Housing Construction." How to solve the problem of occupying farmland and building houses? How to ensure farmers' reasonable demand for land for building houses? The reporter interviewed relevant officials from the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs.
●The problem of arbitrary occupation of cultivated land to build houses lasts for a long time and has many types
"The issuance of these two notices is to take strong and effective measures from the two aspects of blockage and dredging, with a'zero tolerance' attitude, resolutely curb new illegal and irregular problems, and effectively guarantee the reasonable land demand for rural villagers to build houses. Chen Chenzhao, a member of the Party Leadership Group of the Ministry of Natural Resources and the full-time deputy chief inspector of national natural resources, said that in recent years, various localities and departments have jointly carried out special rectification of "large sheds" and "illegal villas". The natural resource system has also cleared idle land and strictly Measures such as precise law enforcement and inspection to strengthen management and protect cultivated land. However, the illegal occupation of farmland to build houses in rural areas has not stopped completely.
The reporter learned that the problem of illegally occupying arable land to build houses in rural areas has lasted for a long time, including not only residential houses, but also public management services and industrial houses such as industrial and mining, warehousing, and business services. The illegal types include illegal land occupation, illegal land grant, illegal transfer of land, and illegal sale of houses.
●Severely crack down on violations of laws and regulations
In response to the most prominent typical violations, the "Eight Prohibitions" on the Unauthorized Occupation of Farmland and Building Houses in Rural Areas proposes that: permanent basic farmland is not allowed to be used to build houses, and large farmland is not allowed to be occupied to build houses, and no trading or transfer is allowed. It is forbidden to build houses illegally on cultivated land, illegally build houses on contracted cultivated land, illegally occupy cultivated land to build houses by creating names, or occupy cultivated land to build houses in violation of the “one household, one house” regulation, or illegally sell houses built on cultivated land. Quasi-illegal approval of the occupation of cultivated land to build houses.
Why does the "eight prohibitions" put the ban on the occupation of permanent basic farmland and house construction in the first place? Cui Ying, director of the Law Enforcement Bureau of the Ministry of Natural Resources, said that the Land Management Law stipulates that the state implements a permanent basic farmland protection system. After permanent basic farmland is delimited according to law, no unit or individual may occupy or change its use without authorization. "The notice puts it at the top of the eight categories of illegal occupation of cultivated land to build houses, and the purpose is to highlight the general requirements for not allowing arbitrary occupation of cultivated land, especially permanent basic farmland and building houses."
Isn't the behavior not listed in the "eight prohibitions" allowed? Cui Ying said, "This is not the case. Other illegal occupation of farmland in rural areas not covered by the'Eight Prohibitions' will also be severely cracked down in accordance with laws and regulations." New violations of laws and regulations after the issuance of the "Eight Prohibitions" notice The behaviors that should be demolished must be demolished, those that should be confiscated must be confiscated, and the farming conditions must be restored within a time limit for the re-cultivation, and those who are held accountable must be held accountable in accordance with laws and regulations.
●Single list of planned indicators for villagers’ residential construction land
“Some of the phenomena of illegal occupation of farmland to build villagers’ houses in rural areas are illegal but reasonable.” said Changjiang Hua’an, Director of the Department of Land and Space Use Control of the Ministry of Natural Resources. The “Notice on Guaranteeing Reasonable Land Use for Rural Villagers’ Housing Construction” is based on “sparse” , Which not only provides a reasonable way out for farmers to build houses, but also strictly strengthens the protection of cultivated land.
From the perspective of ensuring farmers' reasonable land demand for housing construction, the notice proposes a separate list of planned indicators and decentralization of approval. That is to say, the plan indicators of rural villagers’ residential construction land are separately arranged in the annual national land use plan, and in principle shall not be less than 5% of the new construction land plan indicators. Special protection of rural villagers’ residential construction land will be paid at the end of the year. For rural villagers’ housing construction that occupies agricultural land, each provincial government may, within the scope of the assigned targets, entrust the approval of the county-level government to the approval of the conversion of agricultural land within the scope of the "Land Management Law".
From the perspective of strengthening the protection of cultivated land, the notice proposes planning control and unified cultivated land occupation and compensation balance. County and township-level territorial spatial planning and practical village planning should reserve space for rural villagers’ residential construction land, and guide villagers’ residential construction to give priority to the use of free land in the village and occupy as little cultivated land as possible.
Zhang Tianzuo, director of the Rural Cooperative Economic Guidance Department of the Ministry of Agriculture and Rural Affairs, stated that in accordance with the provisions of the Land Management Law, a rural villager can only own one homestead, and the area of the homestead shall not exceed the standards stipulated by the provinces (autonomous regions and municipalities). On the basis of paying special attention to the rationality of household division, we must fully respect the wishes of farmers.
Our reporter Zhu Jun