"Why do some rural elderly people still work in the fields when they are so old" is a relatively sad topic. The rural people often say that "the party's policy with the party is good," which means that there is a problem in rural management. To properly resettle the elderly in rural areas for their later life, the topic of discussion starts with rural collective land.
In China, the so-called collective land refers to the land that is owned by the rural collective economic organization, and the relevant laws start from the land in order to protect the rights and interests of the elderly in rural areas, such as the Law on the Protection of the Rights and Interests of the Elderly. According to the provisions of paragraph 4 of Article 33 of this Law, rural areas may use part of the land, mountains, forests, water surfaces, tidal flats, etc. that are not contracted by collectives as old-age care bases, and the proceeds are provided for the elderly to provide for the elderly.
The reason why the construction of old-age care bases in many rural areas cannot benefit the elderly in rural areas is roughly as follows: urban people manage rural areas, and managers are affected by the control of capital and misunderstand the nature of collective land. According to Article 60 of the Land Management Law, the establishment of pension bases by social capital should be jointly organized with rural collective economic organizations, but the investors of pension bases usually require to be converted to state-owned land and set up independently.
According to the second paragraph of Article 4 of the Land Management Law, rural collective land is also divided into agricultural land, construction land and unused land according to its use. For example, according to the second paragraph of Article 3 of the Rural Land Contract Law, only social capital can obtain land contracting rights through bidding, auction, public negotiation and other means of rural land such as barren mountains, barren ditches, barren hills, and barren beaches that are not suitable for household contracting.
The Land Management Law also has special provisions on the use of land for collective construction. On the one hand, in order to prevent the new form of "land reform" from limiting land expropriation to the needs of public interests, the state has also made special provisions for the development of parcels, that is, the use of collective land for parcel development requires the consent of more than two-thirds of the villagers, or the villagers' representatives. On the other hand, the state restricts the use of rural construction land to the establishment of enterprises or joint establishments. The so-called establishment refers to the establishment of enterprises by collective economic organizations. The so-called joint organization refers to the fact that the nature of township enterprises is collective ownership.
The Land Management Law, amended in 2019, not only stipulates land for collective management construction, but also re-stipulates unused land owned by collectives, that is, unused land is no longer limited to priority planning or development into agricultural land. Before the revision of this law, rural land managers had made provisions on giving priority to the planning of agricultural land for unused land, and the development of many barren hills, barren ditches, barren hills, etc., caused problems such as soil erosion for agricultural land.
In China, the so-called urban people refer to all members of society who have moved out of the collective economic organization, and the distinction lies in the city and the market town. However, Paragraphs 1 and 3 of Article 4 of the Regulations on Household Registration respectively stipulate that the household registration authority shall establish a household registration book. In rural areas, cooperatives are issued household registration books; Accounts other than cooperatives are not issued with a household register. Based on the above-mentioned provisions, it is not difficult to draw the following conclusions: The membership status of a member of a collective economic organization has not changed when he or she moves out of his or her personal household registration. For example, there are peasant parliamentarians abroad, etc.
Urban people manage the countryside and regard the rotation and fallow stipulated in the Land Management Law as "abandonment", for example, when the peasants are speculated on abandoning the wasteland, the urban people cannot make an explanation. The consequences may not be the only one, as the agricultural land in the northeast is continuously cultivated, and the soil fertility of the black soil may decline. Urban people manage the countryside, and regard the cultivated land subsidies stipulated by the national policy as income in the capacity of farmers, and the farmers should obtain the corresponding agricultural products in their capacity, and this income is called "rations". The consequences may not only be that, arable land subsidies are regarded as rations, and agricultural land cannot be rotated, and organic fertilizer production is no longer produced and operated.
The biggest impact of urban people's management of rural areas on farmers is that social capital independently operates agricultural land, which is called agricultural production enterprises, while farmers' professional use cooperatives are not enterprises. The consequence of the absence of agricultural workers in our country is that farmers cannot enjoy retirement benefits, and the elderly farmers are treated the same as the unemployed in cities, that is, resident pension insurance.
The state and society should properly settle the elderly in rural areas in their old age, and the method of living should start with collective land. For example, the last sentence of Article 44 of the Law on Professional Farmer Cooperatives stipulates that the distributable surplus of (professional cooperatives) shall be returned mainly in proportion to the volume (amount) of transactions between members and the cooperative. The resumption of the ration system will not only solve the plight of the elderly in rural areas working in the fields, but also encourage the rural population to have more children.
The State shall deal with collective construction land and unused land in strict accordance with the relevant provisions of the Land Management Law. For example, collective enterprises can be set up or jointly established on collective construction land or unused land to solve the problems of basic pension and medical insurance for farmers. **Since the development of collective land has been regulated, those that have not been converted to state-owned construction land should be returned to the collective economic organizations to obtain benefits, but the current practice is mostly operated by development zones, sub-district offices and other organizations. Based on this, it can be roughly concluded that the elderly in rural areas may be related to the treatment of the above-mentioned organization personnel in many places.
For example, Article 69 of this Law stipulates that the principles and procedures for confirming the membership of rural collective economic organizations shall be prescribed by laws and regulations. Interpreting the membership of rural collective economic organizations in accordance with the law may be more conducive to the construction and development of rural areas. For example, farmers also have public officials who are involved in the formulation of relevant policies or in the implementation of rural laws and may have a better understanding of the current situation in rural areas.
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