What is the policy of exchanging land for social security in Jiangsu?

The policy of "exchanging land for social security" should be seriously implemented.

Urbanization is an important symbol of modernization and an inevitable trend of social development. Urbanization means not only the increase of urban population, but also the expansion of urban area. The inevitable consequence is the emergence of a large number of landless peasants: on the one hand, they have lost the land on which to live, on the other hand, they cannot quickly integrate into the urban system. How to solve the problem of landless peasants, especially their security? In recent years, some areas have made a new attempt-"land for social security".

First, "land for social security" is a new attempt to solve the social security problem of landless farmers.

(a) "land for social security" has been implemented or piloted in many provinces and cities.

The practice of exchanging land for social security first appeared in the Yangtze River Delta. As early as 1993, Zhejiang Province purchased insurance for landless farmers, changing one-time land compensation into lifelong protection. At present, this practice has spread to other regions. According to incomplete statistics, Jilin, Liaoning, Shanghai, Jiangsu, Zhejiang, Fujian, Guangdong, Hainan, Sichuan, Chongqing, Shaanxi and other provinces (cities) are currently implementing (or piloting) this policy.

(2) The early policy of "land for social security" mostly only solved the problem of old-age insurance for landless farmers, and most of the funds came from resettlement subsidies and land compensation.

From Zhejiang and other places where "land for social security" was implemented earlier, the main contents are as follows:

1. It is generally stipulated in local policies that after land is expropriated, farmers must participate in "land for social security" and exchange land for social insurance, mainly endowment insurance, but the pension standard is generally lower than that of urban workers' endowment insurance, and the pension insurance premium received after retirement is 100 ~ 400 yuan/month.

2. Most local policies stipulate that the sources of social security funds are mainly resettlement subsidies and land compensation fees that should be paid directly to farmers or collective economic organizations after land acquisition, and the share from the government generally accounts for about 10% ~ 30% of the funds needed to participate in social security. Fund issuance management and value-added management are not clear.

3. Local policies generally divide landless peasants into four age groups: one-time compensation for minors; For adults who are not close to retirement age, they will be given basic living allowance for 2-3 years first, and receive old-age insurance after reaching retirement age; Give basic living allowance to adults close to retirement age and receive old-age insurance after retirement age; Reach retirement age, direct pension insurance.

(c) Wenjiang model: extending social security to medical insurance and subsidizing farmers to participate in social security.

The policy of "land for social security" implemented in Wenjiang District of Chengdu is also known as the "double abandonment" policy, that is, farmers in towns (streets) in Wenjiang District whose main source of income is non-agricultural industries voluntarily give up their contracted land management rights and the right to use their homesteads, and those who are approved to enter towns to buy their own houses or live in centralized residential areas according to government planning requirements can enjoy the same social security benefits as urban workers. Wenjiang model has some innovations in the following aspects:

1. In the link of "land for social security", the voluntary nature of farmers is emphasized and their autonomy is increased. At the same time, farmers' participation in social security is not limited to old-age insurance, but also extended to medical insurance, realizing the same payment standard and adjustment mechanism as urban residents.

2. "Double abandonment" farmers can still get land compensation fees and resettlement compensation fees, and the expenses for farmers to participate in social security shall be arranged separately by the government. The standards of individual payment and treatment can be divided into four categories. Under different circumstances, farmers participate in social insurance in different ways, and the government also adopts different subsidy policies. Details are as follows:

3. Build targeted resettlement houses for "double abandonment" farmers to ensure that farmers can afford to buy houses in urban areas. Wenjiang District stipulates that those who voluntarily apply to give up the contracted management right of land and the right to use homestead can purchase directional resettlement houses in centralized residential areas within the whole district according to the requirements of government planning after examination and approval. Directional resettlement houses are purchased according to three standards: within 35 m 2 per capita, they are purchased at the resettlement price of residential areas; Per capita 35㎡ to 45㎡ is purchased at the cost price; The part above 45㎡ per capita is purchased at market price.

(D) "land for social security" can solve the worries of landless farmers to a certain extent.

According to the original land acquisition method, after the land compensation and resettlement subsidies are paid in one lump sum, the future protection of farmers becomes their own business, and the government departments have not really established a long-term protection mechanism. However, the limited land compensation fees and resettlement fees obtained by farmers are often only enough for farmers' short-term use, which is not enough to guarantee their future. The protection of landless peasants has become a big problem. Without any security and lack of employability, landless peasants can easily become new urban poor. Although the implementation of "land for social security" varies greatly from place to place, and the level of protection is uneven, from the starting point and implementation effect of the policy itself, it still provides a mechanism to protect farmers' basic livelihood, which solves the worries of landless farmers to some extent.

Two, there are still some problems that need to be clarified in the policy of "land for social security".

(A) the fairness of "land for social security" is questioned-farmers' social security must be at the expense of losing land?

Regardless of the feasibility of the policy itself, the fairness of the policy has been questioned. As one of the main contents of social public services, do farmers have to lose their land to get social security? Some people think that providing social security for citizens is the basic duty of modern social government, and farmers, as equal subjects of society, should not solve their social security at the expense of losing their land. Therefore, the social security of farmers and the loss of land should be two completely different issues. On the one hand, farmers should get social security, on the other hand, they should also get compensation for losing their land. The early policy of "land for social security" used land compensation or resettlement subsidies to solve the social security problem of farmers, which obviously shifted the responsibility of the government. Although the Wenjiang model has government subsidies, it is limited to people over 40 years old.

(b) The validity of "land for social security" is questioned-does social security mean everything?

"Land for social security" puts the social security of landless peasants in an important position, which can solve the security problem of landless peasants to a certain extent, but the problem of landless peasants is a multi-level problem. First of all, as far as security is concerned, most of them are single old-age insurance, and the level of security is extremely low, which is equivalent to the level of urban minimum living security. The so-called "social security exchange" is only a partial guarantee or a low-level guarantee, not a complete guarantee; Secondly, security only solves the problem of survival, not development. Land-lost farmers must have certain development ability if they want to fully integrate into urban life. Judging from the situation in various places, although we also pay attention to training farmers to increase their employability, the effect is not ideal. Therefore, it is not enough for landless peasants to obtain social security only.

(C) The rationality of "land for social security" is questioned-why can't farmers enjoy the benefits of land appreciation?

At present, in the "land for social security" policy, farmers only get land compensation and resettlement subsidies during land acquisition, and some social security subsidies (still paid by some land compensation and resettlement subsidies in many areas), which is a one-time buyout. However, the nature of land determines that it is constantly increasing in value. For example, the cost per mu of land obtained by farmers in Wenjiang District is about 25,000 yuan/mu at most. After the transfer to state ownership, the auction price can reach at least 6.5438+0 million yuan/mu, but this value-added has nothing to do with farmers. What is the rationality?

Query the feasibility of "land for social security"-how sustainable is this policy?

First of all, the policy of "land for social security" needs huge financial support. On the one hand, it is necessary to pay land compensation fees and resettlement subsidies to farmers and build targeted resettlement houses; On the other hand, to provide financial subsidies for farmers to participate in social security will test the government's financial resources. If the financial resources are insufficient, it will have an impact on the sustainability of the policy. It is reported that the per capita compensation for farmers who "gave up" in Wenjiang District in the early stage was 6.5438+0.2 million yuan. If the scale of landless peasants is large, it will undoubtedly require huge financial expenditure.

Secondly, "land for social security" involves not only land and social security, but also a systematic project, involving household registration, education, employment and other links. If one link is not solved well, the implementation effect and feasibility of the policy will be greatly affected.

Third, "land for social security" should be cautious. In the long run, it is necessary to establish a mechanism for farmers to share land value-added benefits.

(a) "Land for social security" should be seriously implemented and should not be widely promoted.

As a means to solve the social security problem of landless peasants, the policy of "land for social security" has undoubtedly made some historical progress compared with the traditional way of only compensating but not guaranteeing, but it is not suitable for large-scale promotion because the above questions have not been finally answered. If it is defined as a phased choice to solve the problem of landless peasants, its implementation must also follow some preconditions: (1) The scope of policy implementation must be strictly limited, and it is best to limit the new planned land for urban development; (2) Farmers' withdrawal from contracted land or homestead must be based on complete voluntariness; (3) When the government buys back the land that farmers voluntarily quit, they should be given full bargaining power as the main body of the equal market; (4) In economically developed areas, the government must be able to honor its compensation commitments and social security subsidies to farmers, and have a high ability to bear capital risks.

In short, "land for social security" is only a means to solve the problem of landless farmers, and it must not evolve into a means to make farmers lose their land. In other words, the government's starting point must be to solve the social security problem of farmers who have to lose their land because of urban construction, rather than to obtain land and let farmers give up their land with social security as bait. This is the key point to measure whether the policy of "land for social security" is a good policy or a bad policy.

(two) continue to innovate the system, so that farmers can share the land value-added benefits.

If we want to change the security and development of landless peasants after entering the city, we still need to work hard on the land. The key is to establish a mechanism for farmers to share land value-added benefits. You can try the following methods:

1. Change the compensation method for land expropriation from one compensation to multiple compensation. Specifically, in addition to giving farmers certain compensation and subsidies when requisitioning rural collective land, in the first transfer after the land becomes state-owned land, the value-added income is divided by the government and farmers, and the income obtained by farmers is mainly used to establish a land-lost farmers' security fund and training fund to improve the social security level and employability of land-lost farmers.

2. When the land is requisitioned, part of the land is reserved for rural collectives as development land. Rural collectives can establish collective economic organizations and carry out business activities on their own land in order to obtain long-term development and lasting benefits, provide protection for farmers and promote their development.

3. Take land as shares to obtain long-term benefits of land. For the land mainly used by enterprises, there is no need to change the land ownership. Rural collectives use land as shares in enterprises, and farmers get benefits according to their contractual management rights, or farmers directly use contractual management rights as shares during their contractual period. However, this method must pay attention to the land to meet the planned use, that is, the change of land use must be based on planning.

In a word, "land for social security" is a new attempt to solve the problem of landless peasants, but it can't completely solve this problem, so the implementation needs to be cautious. The solution to the problem of landless peasants needs to continue to carry out institutional innovation.

Measures of Jiangsu Province on Compensation for Land Expropriation and Social Security for Land Expropriated Farmers

Chapter one? Total? rule

Rule number one In order to safeguard the legitimate rights and interests of land-expropriated farmers and rural collective economic organizations, ensure the life and long-term livelihood of land-expropriated farmers, and standardize the compensation and resettlement for land expropriation, these measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Social Insurance Law of People's Republic of China (PRC) and other laws and regulations, and combined with the actual situation of this province.

Rule number two The measures referred to in land acquisition compensation and social security for landless peasants refer to the behavior that after the land collectively owned by peasants is expropriated, the state compensates landless peasants and rural collective economic organizations according to law, arranges social security fees for landless peasants, and brings landless peasants into the urban and rural social security system.

Rule three. These Measures shall apply to the land requisition compensation and social security of landless farmers within the administrative area of this province.

Article 4? The social security of land-expropriated farmers should follow the principles of immediate protection, full protection, classified protection and gradual improvement, combine with employment promotion, and bring land-expropriated farmers into the urban and rural social security system to ensure that their original living standards are not reduced and their long-term livelihood is guaranteed.

Article 5? Farmers whose land has been expropriated shall be produced from the members of the rural collective economic organizations that owned the land before the land expropriation and assumed the agricultural obligations, and the original land contractual management rights holders shall have the priority to purchase. The specific measures shall be formulated by the municipal and county (city) people's governments.

The list of farmers whose land has been expropriated is put forward with the consent of the rural collective economic organizations whose land has been expropriated, audited by the township (town) people's government, publicized at the location of the rural collective economic organizations whose land has been expropriated, and determined by the people's governments of cities and counties (cities).

Article 6? The local people's governments at or above the county level shall be responsible for the compensation for land acquisition and the social security of landless farmers within their respective administrative areas.

City, county (city) relevant departments in accordance with their respective responsibilities, * * * to do the relevant work.

The township (town) people's government shall cooperate with the relevant work of land acquisition compensation and social security for landless farmers.

Article 7? Provincial land resources, human resources and social security, supervision, finance, agriculture, civil affairs, auditing and other departments are responsible for the supervision, coordination and guidance of land acquisition compensation and social security for landless farmers.

Article 8? According to the land value and the level of economic and social development, the whole province is divided into four types of areas by county-level administrative regions (see attached table), and the corresponding compensation standards for land acquisition are implemented. The compensation standard for land acquisition is determined according to the level of economic and social development, price changes and social security standards for land-expropriated farmers. , and make timely adjustments.

Chapter two? land expropriation compensation

Article 9? Expropriation of land collectively owned by farmers shall pay land acquisition compensation in full according to law, and arrange social security fees for landless farmers. Land acquisition compensation includes land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees.

The Municipal People's Government may, according to the location conditions of the land, formulate the regional price of land acquisition compensation, and after the approval of the provincial people's government, determine land acquisition compensation according to the regional price.

Article 10? Land collectively owned by farmers is divided into agricultural land, construction land and unused land according to their uses.

The land compensation fee for requisitioning agricultural land shall be calculated according to the area of the requisitioned land; The land compensation fee for requisition of construction land shall be calculated according to the land compensation fee for requisition of agricultural land; The land compensation fee for requisitioning unused land shall be calculated at 0.5 times of the land compensation fee for requisitioning agricultural land.

Article 11? Requisition of agricultural land shall pay resettlement subsidies, and the resettlement subsidies shall be calculated according to the number of landless farmers who need to be resettled. The number of land-expropriated farmers who need to be resettled shall be calculated according to the area of agricultural land expropriated before land expropriation divided by the per capita area of agricultural land expropriated by rural collective economic organizations.

Requisition of construction land and unused land does not pay resettlement subsidies.

Article 12? Land expropriation involving houses and other buildings and structures shall be compensated according to law.

If the expropriation of homestead involves farmers' housing, the living conditions of the expropriated person shall be guaranteed. If the homestead can be rearranged, the house shall be compensated according to the replacement price; If it is impossible to rearrange the homestead, the house shall be arranged according to the principle of equivalent to the area of the house to be expropriated, or compensation shall be given according to the market evaluation price.

Land requisition involving other buildings and structures shall be compensated according to law. Other construction land can be rearranged, and buildings and structures will be compensated according to the replacement price; If no other construction land is arranged, compensation shall be given according to the market evaluation price.

Thirteenth land expropriation involves farmland water conservancy, transportation, electricity, communication infrastructure and other ground attachments other than those specified in the preceding article, and the relocation fee, reconstruction fee or compensation fee shall be paid according to the principle of equivalent substitution.

The compensation for young crops is calculated according to the output value of one season, and those that can be harvested as scheduled will not be compensated. Pay the transplant fee for seedlings, flowers and perennial economic trees that can be transplanted; If it cannot be transplanted, it shall be given reasonable compensation or purchased at a fixed price.

Fourteenth the minimum standard of agricultural land compensation and resettlement subsidies in four types of areas in this province shall be formulated and promulgated by the provincial people's government.

Specific standards for land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees shall be formulated and promulgated by the municipal and county (city) people's governments and submitted to the provincial people's government for the record. City, county (city) people's government to develop land compensation fees and resettlement subsidies standards, shall not be lower than the minimum standards prescribed by the provincial people's government.

The minimum standards of land compensation and resettlement subsidies for agricultural land should be adjusted in a timely manner according to the level of economic and social development and price changes. City, county (city) land acquisition compensation's specific standards should be adjusted accordingly.

After the adjustment of land acquisition compensation standard, if the people's government of the city or county (city) approves the land acquisition compensation and resettlement plan, it shall be implemented in accordance with the adjusted land acquisition compensation standard.

Fifteenth large and medium-sized water conservancy and hydropower projects land acquisition compensation standards in accordance with the provisions of the provincial people's government. If the standards set by the State Council are higher than those set by the provincial people's government, the standards set by the State Council shall be implemented. The compensation standard for land requisition in coal mining subsidence area shall be formulated separately by the provincial people's government.

Article 16 The land compensation fee shall be owned by the rural collective economic organizations whose land has been expropriated, but not less than 70% of the land compensation fee for agricultural land shall be paid to 16-year-old landless farmers.

Resettlement subsidies are used for the living allowance of land-expropriated farmers under the age of 16 and the social security of land-expropriated farmers over the age of 16.

The ground attachments and young crops compensation fees belong to their owners.

Article 17? If land acquisition compensation is not paid in full, the expropriated rural collective economic organizations and their members have the right to refuse to pay land compensation fees; Land acquisition compensation paid in full, the rural collective economic organizations and their members whose land was expropriated shall pay the land on schedule.

Article 18? Land-expropriated rural collective economic organizations and land-expropriated farmers have disputes over the compensation and resettlement scheme for land expropriation, which shall be settled by the people's governments of cities and counties (cities) through coordination; If the coordination fails, it shall be decided by the people's government that approved the requisition of land. The specific procedures for coordinating and adjudicating disputes shall be implemented in accordance with relevant regulations.

Chapter three? Social security of landless peasants

Nineteenth in the land acquisition compensation and resettlement plan approved as the boundary, landless farmers are divided into the following three age groups:

(1)1under 6 years old (minor);

(2) 16 to 60 years old (length of service);

(three) over 60 years of age (pension age).

City, county (city) people's government to determine the proportion of land-expropriated farmers of all ages, should be the same as the proportion of land-expropriated units of all ages before land acquisition.

Article 20? Minor landless peasants receive a one-time living allowance according to the local resettlement subsidy standard, and no longer participate in urban and rural social endowment insurance as landless peasants.

Article 21? Farmers whose land is expropriated at the working age of enterprise employment shall participate in the basic old-age insurance for enterprise employees; Persons engaged in part-time work or freelance (flexible employment) can participate in the basic old-age insurance for enterprise employees in accordance with the provisions of flexible employment.

Working-age landless farmers who have not participated in the basic old-age insurance for enterprise employees can choose to participate in the old-age insurance for urban residents or the new rural social old-age insurance.

Article 22? From the second month after the approval of the land acquisition compensation and resettlement plan, the elderly group of landless farmers will receive the old-age allowance on a monthly basis according to the standard of not less than the local rural minimum living standard 1. 1 times, and the specific standard will be determined by the county (city) people's government. Those who have participated in the new rural social endowment insurance or urban residents' endowment insurance before land acquisition enjoy the minimum standard basic pension stipulated by the provincial people's government.

Article 23? The social security funds for landless farmers mainly include resettlement subsidies and their value-added income, and the social security expenses arranged by the people's governments of cities and counties (cities) from the paid land use income such as land transfer fees. If the social security funds of landless farmers are insufficient, the people's government of the city or county (city) shall be responsible for solving it.

The minimum standard of social security funds for land-expropriated farmers is calculated by 1. 1 multiplied by the local rural minimum living standard multiplied by 139. Specific standards are determined by the people's governments of cities and counties (cities) and reported to the provincial people's governments for the record.

City, county (city) people's government in accordance with the principle of supporting fixed income, balance of payments, leaving no gap to raise social security funds for land-expropriated farmers, and give priority to the social security expenditure of land-expropriated farmers from the proceeds of paid land use.

Article 24? The financial departments of cities and counties (cities) shall set up special financial accounts of social security funds for landless peasants (hereinafter referred to as special accounts of security funds) to manage and account for social security funds for landless peasants.

Incorporate the social security funds of land-expropriated farmers aged 16 into the special security fund account at one time, and establish a personal sub-account.

Article 25? If the working-age landless peasants reach the pension age, the principal and interest balance of the individual sub-account of the special security fund account will be returned to them in one lump sum. If a landless farmer dies, the balance of principal and interest of the individual sub-account of the special security fund account can be inherited according to law.

Article 26? If the per capita income of landless farmers' families is lower than the local minimum living standard, they can apply for the minimum living guarantee in accordance with the regulations.

Article 27? Land-expropriated farmers enjoy relevant treatment after paying insurance premiums in accordance with the provisions of medical care, work injury and maternity insurance.

Article 28? City, county (city) people's governments and their relevant departments shall incorporate working-age landless farmers into the urban employment system, strengthen employment training and guidance, create employment conditions, and promote the employment of landless farmers.

Chapter four? administration of funds

Article 29? Implement the pre-existing system of land acquisition compensation funds. Before the approval of land requisition, the people's government of the city or county (city) shall deposit the land acquisition compensation and social security fees arranged in the paid land use income into the account designated by the financial department of the city or county (city) (hereinafter referred to as the pre-existing account). When land acquisition is submitted for approval, the financial department of the city and county (city) shall issue relevant certificates for the implementation of social security fees for land acquisition compensation and landless farmers.

Before the people's government of the city or county (city) approves the compensation and resettlement scheme for land acquisition, the human resources and social security departments of the city or county (city) shall put forward audit opinions on the implementation of social security fees for landless farmers. Land acquisition approved by the State Council, where the land is located, the human resources and social security department of the city or county (city) will report the implementation of social security fees for landless farmers to the provincial human resources and social security department for review. Without the consent of the audit, the people's government of the city or county (city) shall not approve and implement the land acquisition compensation and resettlement plan.

Article 30? City, county (city) land and resources departments shall, within 15 working days from the date of approval of the land acquisition compensation and resettlement plan, pay the land compensation fee in full to the rural collective economic organizations from the pre-deposit account; Pay compensation for young crops to its owners. The compensation and resettlement of the ground attachments shall be implemented in accordance with the provisions of the people's government of the city or county (city).

Rural collective economic organizations shall, within 10 working days from the date when the people's government of the city or county (city) determines the list of land-expropriated farmers, pay no less than 70% of the land compensation fee for agricultural land to the land-expropriated farmers aged 16.

Article 31? City, county (city) people's government confirmed the list of landless peasants 10 working days, the city, county (city) land and resources department 16 years old landless peasants' living allowance from the pre-existing account in full to me, and the social security funds of landless peasants over 16 years old will be transferred to the special security fund account in one lump sum.

Within 10 working days after the social security funds of landless farmers arrive, the human resources and social security departments of cities and counties (cities) shall handle them in the following ways:

(a) the social security funds of the landless peasants in the old-age group are included in the individual sub-account in the special account for the payment of pension subsidies on a monthly basis;

(II) The social security funds of working-age land-expropriated farmers are credited to the individual sub-account in the special account of their security funds, which is used to remit their individual contributions to social endowment insurance by stages.

Article 32? The social security funds of land-expropriated farmers shall be managed according to the relevant provisions of the social security fund and accounted for separately to maintain and increase the value.

Article 33? The part of land compensation fees that legally belongs to rural collective economic organizations shall be included in the management of rural collective assets and used for the development of production and public welfare undertakings by rural collective economic organizations, and shall not be used for other purposes.

Chapter five? Legal liability

Article 34? In the compensation for land acquisition and social security for landless farmers, if the relevant people's government, the competent department and its staff have any of the following acts, the people's government at a higher level, the relevant competent department or the supervisory organ shall order them to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) failing to perform their duties according to law, resulting in the failure to pay the compensation fee for land acquisition and the social security fee for landless farmers in full and on time;

(two) issued a false certificate of land acquisition compensation and social security fees for landless farmers;

(three) providing false audit opinions on the implementation of social security fees for landless farmers;

(four) occupation, interception, misappropriation of social security fees in land acquisition compensation and landless farmers.

Article 35? Rural collective economic organizations whose land is expropriated resort to deceit, impersonate, intercept or misappropriate land acquisition compensation, the relevant authorities shall order them to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter six? Attached? rule

Article 36? The term "above" as mentioned in these Measures includes this number.

Article 37? These Measures shall come into force as of 20 13 12 1. As of the date of implementation of these Measures, the newly requisitioned land will no longer be subject to the Measures of Jiangsu Province for Land Requisition Compensation and Basic Living Security for Land-expropriated Farmers. Those who have participated in the basic livelihood security system for landless peasants will continue to implement the Measures for Land Acquisition Compensation and Basic Livelihood Security for Landless Peasants in Jiangsu Province, and areas with conditions will be connected in accordance with the provisions of these Measures.