Chapter 383: Fierce Debate (Continued)
Land is the basis for the survival of Chinese peasants, and a history of Chinese civilization is actually a history of the distribution and redistribution of land ownership. As early as September 1947, during the War of Liberation, our Party convened a national land conference and formulated the "Outline of China's Land Law," thus awakening millions of peasants to support the People's Liberation War and overthrow the corrupt rule of the Kuomintang. After the founding of the People's Republic of China, the Central People's Government promulgated the Land Reform Law of the People's Republic of China on June 30, 1950, implementing land reform nationwide. Later, with the implementation of socialist transformation and the establishment of one large and two public enterprises, the private land originally allocated to the peasants was again nationalized and collectivized. After the reform and opening up, the central government strengthened the construction of the legal system, and finally promulgated the land law of the new China in 1986, which was amended in 1988. The Land Law, as amended in 1988, is now in force.
Although it seems that some systems are obviously lagging behind in the design of this land law today, and it does not put forward measures such as listing and selling land that are conducive to activating the land market, it reiterates that state-owned land should be used for compensation and that rural collective land should be owned by collectives, and that land planning should be drawn up step by step and cultivated land should be protected, and that the scale of construction land should be controlled, and that land ownership, possession, use, and management rights should be clearly defined, so that China's land management has a law to follow.
At this time, it is the period of acceleration of reform and opening up after the speech of the chief designer of the southern tour, because the ideological field brought by the "****" **** tends to be conservative, and the slowdown in the pace of reform and opening up has been reversed again.
In this context, Wulongyu Tourism Development Co., Ltd. mobilized villagers to contract responsibility fields, forest slopes, and bamboo gardens to develop tourist attractions, which should be said to be a beneficial exploration!
Wang Hong went to Wulongyu when the Baijia Compound opened, saw the Wulongyu tourist attraction on the spot, and was also intoxicated by the beautiful natural scenery of Wulongyu. At that time, Wang Hong did not think that there was anything wrong with the idea of Wulongyu Tourist Attraction allowing villagers to take shares in the contracted cultivated land, forest slopes and bamboo gardens, on the contrary, he felt that it was very novel and felt that it was an innovative method! Besides, as the director of the Land Bureau, Wang Hong was very clear about the limitations of the current land law, and he knew that in the past, if the township needed to carry out any project and which brigade was involved, it would be occupied at a meeting, and there was no need to report to anyone for approval. Even now that there is a land law, it is also very difficult to implement, and all localities are busy with development zones and enterprises, and land planning and land use indicators are in vain!
When he first received a complaint from the Provincial Land Bureau against Chen Guan, the actual controller of Wulongyu Tourism Development Co., Ltd., for encroaching on a large area of cultivated land, Wang Hong did not think of making a fuss with this letter, because he had been to Wulongyu and knew the actual situation of Wulongyu Tourist Attraction in Ludao, and thought that this letter was nonsense. Anonymous letters, most of the problems reflected are false, if it is true, just sign it directly, why hide your head and shrink your tail?
Yesterday, he received a notice from the Municipal Party Committee Office to let him participate in this morning's Wulongyu Tourist Scenic Area to rebuild the Dayun Temple and build the statue of the Big Buddha, Wang Hong did not know what Lu Dao was going to do, and found Shang Anguo, deputy director of the bureau who participated in the discussion organized by Minister Li Lide yesterday morning, and asked what was going on. Now, Zhang Deqing, secretary of the Mingshui County Party Committee, is going to be in the limelight again!
Wang Hong and Zhang Deqing didn't have any festivals, on the contrary, the relationship was relatively good. But now when it comes to the issue of competing for the position of deputy mayor, in Wang Hong's heart, Zhang Deqing has become a stumbling block for him to become a deputy municipal leader, not to mention that the relationship is better, even if it is a brother!
Wang Hong's brain is absolutely effective, he immediately thought of the anonymous letter from the provincial bureau, called the director of the office to send the letter, read it three times, and paced around the house with his hands behind his back a few steps, and formed an idea in his mind, that is, the Wulongyu tourist attraction was pushed out by Zhang Deqing, if the Wulongyu Tourism Development Co., Ltd. can be found out of the illegal occupation of a large area of cultivated land, wouldn't it be directly put on Zhang Deqing's head? He also promoted a bird, go cry and write an inspection!
As soon as this idea was formed, Wang Hong personally called the director of the Mingshui County Land Bureau, asking him to immediately find out the cultivated land area of Wulongyu Village, whether all of them were included in the planning scope of Wulongyu Scenic Area, and whether the procedures for converting agricultural land into construction land had been completed.
The director of the Mingshui County Land Bureau didn't know why Wang Hong wanted to ask these things, but if the director of the city bureau wanted to know, he would definitely do his best.
Now, Wang Hong is at the scene of this report meeting, in front of the secretary and the mayor, he brought out the matter of Wulongyu Tourism Development Co., Ltd.'s illegal occupation of cultivated land on a large scale, and took out the anonymous letter approved by the provincial bureau, and said it extremely harshly, like that, it seems that Wulongyu Tourism Development Co., Ltd. will be strictly investigated and Wulongyu tourist attraction will be closed!
Chen Guan was annoyed, and fought back, and what he said was also very harsh, directly pointing to Wang Hong's ability and level!
Wang Hong was also annoyed, and ridiculed each other: "Is it necessary to organize an investigation?" Wulongyu Tourism Development Co., Ltd. exists, right? Wulongyu tourist attraction exists, right? Is it possible for villagers to contract farmland, forest slopes, and bamboo orchards as shares? Turning farmland into tourist land exists, right? There are no procedures for converting agricultural land to construction land, right? Do you understand the law? Do you understand what a violation of land law is? If you don't understand, come with me to the Land Bureau after the meeting, and I will give you a special lesson on what land law is! ”
These two people, one is the director of the Shuiquan City Land Bureau, the other is a first-class heroic model of the Ministry of Public Security, the deputy director of the Mingshui County Public Security Bureau, and the representative of Wulongyu Tourism Development Co., Ltd., they actually argued fiercely in front of the secretary and the mayor, and their tones were extremely unfriendly, and they were a little arrogant!
Shen Quan, secretary of the municipal party committee, and Yu Yan, the mayor of the city, have already beckoned their secretaries and asked them to find a land law book for themselves to study on the spot.
Chen Guan was annoyed, but he knew very well in his heart that if he did not explain the matter clearly and refute Wang Hong from a legal point of view, today's report meeting would not be held, and he would have to study how to deal with the illegal occupation of a large area of cultivated land by the Wulongyu Tourism Development Co., Ltd.
After thinking about it and straightening out his thoughts, Chen Guan stopped speaking loudly, tried his best to keep his tone calm, and said: "Director Wang, since you said that I don't understand the land law and want to teach me a lesson, then we will follow the provisions of the land law." What is Land Law? That is the regulation of land management, and the main task is to determine the ownership, possession, use, and management rights of land. According to the provisions of the Land Law, China's land is divided into two types: state-owned land and collectively-owned land. The land where the Wulongyu tourist attraction is located is collectively owned by Wulongyu Village, and the management right belongs to the villagers of Wulongyu Contracting Responsibility Field. Director Wang, we don't have any objections to this, right? ”
Wang Hong opened his mouth and said: "All of you here are leaders, so you don't need to talk about these common sense things." You just talk about the illegal occupation of a large area of cultivated land by means of villagers as shares! ”
Chen Guan glanced at Wang Hong deeply and said affirmatively: "Wulongyu Tourism Development Co., Ltd. has not illegally occupied a large area of cultivated land, which is beyond doubt!" ”
Wang Hong sneered and said: "The facts are there, does it mean that you have not broken the law if you don't admit it?" What's the use of quibbling? ”
Zhang Deqing, secretary of the county party committee, immediately said: "Director Wang, the establishment of Wulongyu tourist attraction was decided by the Mingshui County Party Committee and the county government in order to revitalize the economy. If there are any flaws in our work, please criticize Director Wang. However, Director Wang has to respect people and let Chen Guan finish his words! You didn't organize an investigation, how could you insist that Chen Guan violated the law? Even if there are violations of laws and regulations in the construction process of Wulongyu Scenic Area, this responsibility should also be borne by the leaders of our Mingshui County Party Committee and the county government. ”
Although Zhang Deqing didn't know why Wang Hong wanted to talk about this issue at this report meeting, he already understood that Wang Hong had prejudices against him and Mingshui's work, and wiped his face in front of the city leaders!
As soon as Zhang Deqing spoke up, Li Zhiqiang followed and said: "Director Wang, according to what you said, is it right that Wulongyu is so closed and poor?" Is it illegal to engage in tourism development? Isn't that who is doing the work and who is wrong? Could it be that we worked hard to build the Wulongyu tourist attraction and committed a crime? ”
If it continues, it will evolve into a collective debate between the Mingshui leadership team and Wang Hong!
Wang Wenhua, deputy secretary of the municipal party committee, who presided over the meeting, immediately stopped: "Others don't speak, what is the reason for later!" Let Chen Guan finish his words! ”
Zhang De took out his cigarette directly, lit it and smoked it, regardless of the presence of the secretary and the mayor, smoking is uncivilized!
Chen Guan did not quarrel with Wang Hong, and then said: "The Land Law stipulates that all requisitions of basic farmland shall be approved by the State Council; Any requisition of farmland other than basic farmland must also be approved by the State Council for more than 35 hectares. This regulation is written in black and white, which is clear and clear, and can be understood as long as you are literate. The reason why there is such a provision is to protect cultivated land and ensure that more than a billion Chinese have food! However, Director Wang, you have to make it clear that the premise of this regulation is expropriation, which must be observed when converting farmland from collective land to state-owned land and then to construction land. Whoever does not comply will break the law and will inevitably be punished by law! However, Wulongyu Tourism Development Co., Ltd. did not expropriate land, did not require the ownership of the village collective, the management right belongs to the villagers to change the farmland into state-owned land, and then converted into the right to use the construction land belonging to Wulongyu Tourism Development Co., Ltd., the nature of the land has not changed, why should it be submitted to the State Council for approval! ”
Wang Hong was angry, pointed at Chen Guan, and said angrily: "You have changed the nature of the land, and you are still talking nonsense here, and you are not afraid that others will laugh at you for being legally blind!" ”
Chen Guan ignored him and continued: "Since the ownership of farmland in Wulongyu Village belongs to the village collective, and the right to occupy, use, and operate belongs to the villagers, I think the law protects the villagers from choosing planting projects and operating freely according to the difference in land income. Now that the unified purchase and sale of grain has been abolished, the public grain has become an agricultural tax, and the villagers can plant wheat if they want to plant wheat in their own fields of responsibility, vegetables if they want to grow vegetables, and fruit trees if they want to plant fruit trees. The law does not stipulate that the villagers of Wulongyu can only grow grain and cannot grow cash crops, but on the contrary, in order to let the people in the deep mountainous areas get rid of poverty and become rich, they are encouraged to diversify their operations. What's wrong with us organizing villagers to use part of the land to plant flowers and fruit trees for sightseeing? What does it have to do with illegal land occupation? ”
Wang Hong immediately said: "Okay, don't quibble, obviously you have let the villagers take the land as a shareholder, and the land ownership and use rights of Wulongyu Village already belong to the Wulongyu Tourism Development Co., Ltd. that you have built, and you are still arguing here that the nature of the land has not changed." Are you blushing or not? Shame or not? ”
Chen Guan became more and more calm, his emotions were completely stable, Wang Hong was annoyed, but he was not annoyed now, he just wanted to explain things straightforwardly.
I heard Chen Guan say: "Director Wang, I think it was because we didn't report to you properly, which caused you to not know enough about the situation in Wulongyu Scenic Area." That's the case, we didn't think about the development of Wulongyu Scenic Area at the beginning, my idea was originally just to use the Baijia compound to build a red education base, the purpose is to turn waste into treasure and create some economic income for our Wulongyu Village. At that time, I didn't think about takeaway tickets, but I just thought about contacting some enterprises and institutions to go to Wulongyu to hold training courses, which not only carried out cadre education, but also allowed everyone to appreciate the scenery of Wulongyu, and also made some income for the Wulongyu group. When this matter was first raised, because the Wulongyu Group did not have a penny, we thought about making a report to the county to see if we could get the county to set up a project and allocate funds to build a red education base. Later, after the report was handed over, we were worried that the county's finances would be tight and the leaders would not necessarily approve it. At that time, we thought that if the financial allocation was made, this red education base would belong to the public institution with financial allocation, and the property rights would belong to the county. The benefit that Wulongyu people can get is that they can get some income by serving the red education base. The reason why this is the kind of thinking is because Wulongyu is too closed and too poor. I'll tell you the truth, on the afternoon of the first day I came home after graduating from university, Bai Aiguo, the team leader at the time, and Bai Baoguo, an electrician, were picking up the arrears of my parents for the township co-ordination village retention and electricity bills. We can all be so poor! Director Wang, can you think of it? ”
Of course, Wang Hong couldn't have imagined that he was from the city, from a snack of commercial grain, and after graduation, he worked in the municipal party committee, followed the secretary as a secretary, and there were people everywhere he went, and now he is the director of the Land Bureau, where would he think of the difficulties of farmers in Wulong Mountain?
Wang Hong also couldn't imagine that Chen Guan would say this in front of the city leaders, purely as an emotional person!
Chen Guan is still telling: "At the beginning, we gathered dozens of families in the whole group for a meeting, talked about the construction of the red education base, and mobilized everyone to contribute. Unexpectedly, my mouth was dry, and after talking all night, the villagers thought that this matter was a fantasy, and no one was willing to contribute. There is no way, things still have to be done, we can only figure it out ourselves. At that time, I, Li Fulai, Bai Aixiao, and Bai Aiyue, four young people who grew up together, decided to pool money first and set up a preparatory group for the establishment of Wulongyu Education Base. Li Fulai's family has a mill, and the conditions are a little better, and he paid 5,000 yuan. Sisters Bai Aixiao and Bai Aiyue each contributed 1,000 yuan, and I contributed 10,000 yuan in the name of my parents, raising a total of 17,000 yuan. Director Wang, let me explain to you, my family is poor, where can I have 10,000 yuan? This 10,000 yuan is what I did after I went home, and the county public security bureau awarded me 10,000 yuan for police style and discipline supervision in order to commend me, and this is how the money came from. We were young and didn't know the depth of the road, so we took the 17,000 yuan to start repairing the Bai family compound. The reason why we are not afraid of difficulties and the goal is very clear is to seek benefits for the people of Wulongyu and lead the villagers to get rid of poverty and become rich! After we started construction, it attracted the attention of the county leaders, Secretary Zhang and the county magistrate Wang personally instructed to put the red education base on the agenda, and according to the natural conditions of Wulongyu, we agreed to the plan for the establishment of Wulongyu tourist attractions, and included it in the county key projects. Comrade Li Zhiqiang, member of the Standing Committee of the county party committee and secretary of the political and legal committee, personally went to Wulongyu to inspect the spot. Secretary Li's trip reassured the villagers of Wulongyu, knowing that it was not our fourth brother and young people tossing blindly, it was indeed included in the county's key projects, and some people began to take the initiative to ask for shares. This led to the successful opening of the Bai family compound later! During the restoration of the Bai family compound, because the villagers did not understand and were unwilling to contribute, the person in charge of the village branch once wanted to sell the Bai family compound to the Wulongyu group. In our preparatory group, some people also proposed to pay a few thousand yuan to buy the Bai family's compound and turn it into the four of us, engage in the development of private companies, and make no complaints about losing money. However, I refused, insisting that the Wulongyu Group take the Bai family compound and Daoke Village as assets to buy shares, even if none of the villagers have a share, the income of the Bai family compound must be distributed to the villagers. This idea later evolved, and when the Baijia Compound was about to open, due to the great attention paid to it at the city and county levels, I had already seen the prospects of the Baijia Compound after its opening, and I thought that the villagers of the entire Wulongyu Village would become shareholders and make the Baijia Compound a leading project to drive Wulongshan District out of poverty and become rich. However, the villagers are poor, and the vast majority of them can't get money or buy shares. The villagers have no money, and we still want to make the Wulongyu tourist attraction a common wealth project for all the villagers in Wulongyu, what should we do? At this time, I proposed to let the villagers buy shares at a discount on the contracted land, forest slope and bamboo garden, and each household will have a share, and each family will be able to get dividends from the income of Wulongyu Tourist Attraction in the future. This is not to encroach on a large area of farmland by way of shareholding, but to let the villagers become shareholders of the company and get dividends from the company's dividends! ”
This is explained as the reason why the villagers should be allowed to take shares in the contracted fields, forest slopes, and bamboo gardens!
I heard Chen Guan continue: "My idea has been supported by the vast majority of villagers in Wulongyu Village, and has also been affirmed by leaders at all levels. In this way, the share capital structure of Wulongyu Tourism Development Company is divided into three types, the first is the collective share capital of the Baijia Compound, Daoke Village, and Mountain Collective owned by the village collective, and all Wulongyu villagers have a share; The second is personal cash shares; The third type is that the villagers buy shares at a discount with the contracted responsibility fields, forest slopes, and bamboo orchards. Among them, the most reluctant villagers took the shares of the contracted responsibility fields, forest slopes, and bamboo gardens, which were only done after the opening of the Bai family compound, and the conversion was only the right to use the contract of each household, not the ownership. The ownership of land belongs to the village collective, and no one has the right to share in the ownership of the land. ”
The matter was basically explained at this point, Chen Guan didn't think about it, and then began to sensationalize: "If you want to come to ordinary people, the Bai family's compound has opened and made money, why should you share it with other villagers?" Why does Wulongyu Tourism Development Co., Ltd. accept these villagers who have no cash to invest as shareholders? That will amortize the earnings and lose the original shareholders' interests. Moreover, according to the actual needs of Wulongyu Tourist Scenic Spot, six of the nine villager groups are completely outside the planning scope of Wulongyu Scenic Spot, and they do not need to invest in the shares at all. However, we still let all the villagers of Wulongyu Village join the shares, the reason is very simple, Wulongyu Tourism Development Co., Ltd. does not belong to one or a few, dozens of individuals, belongs to all the villagers of Wulongyu Village. Since then, the company's share capital has expanded significantly, and my parents were the major shareholders, although their shares are still relatively high, but the proportion of the share capital of the entire Wulongyu Tourism Development Co., Ltd. is not high. ”
When he said this, Chen Guan paused, thought for a moment, and then said: "Director Wang, maybe the complaint letter in your hand also says that this company belongs to me Chen Guan, and I am illegally encroaching on a large area of farmland behind my back with a signboard for villagers to become shareholders. I made a statement in front of so many leaders: I did everything possible to raise funds to establish Wulongyu Tourism Development Co., Ltd., not to make profits from it, but to lead the villagers to get rich. Now, the company has improved, even if it no longer engages in the second and third phases of the project, no longer rebuilds the Dayun Temple, and does not build the statue of the Buddha, it is enough to change the appearance of Wulongyu with the existing Baijia Compound, Daoke Village, and Wulong River rafting. I don't have any shares in the company, and my parents are the majority shareholders. However, I can be the master of my parents, and now I can get them to withdraw from Wulongyu Tourism Development Co., Ltd. and no longer participate in the management of the company. As for the more than 2 million funds I invested in the name of my parents in the early stage, I donated it to Wulongyu Tourism Development Co., Ltd. free of charge, as a reward for raising me in Wulongyu Village! However, my ancestors have been Wulongyu people for generations, my parents also have contracted responsibility fields, and my family also has forest slopes and bamboo gardens. If you retire, my family will not be from Wulongyu! ”
Chen Guan said so much, everyone has heard it very clearly, including Wang Hong, the origin, purpose, and share capital structure of Wulongyu Tourism Development Co., Ltd. are also clearly heard, and the anonymous letter of Zhilu Dao said that Chen Guan's illegal occupation of a large area of cultivated land is pure nonsense, but Wang Hong never dreamed that all the leaders present did not expect that Chen Guan would say that he would let his parents give up the company's shares, and also donate all the more than 2 million yuan invested to the company free of charge. It's shocking!
Deputy Secretary Wang Wenhua, who presided over the meeting, immediately said: "Comrade Chen Guan, just lay out the facts, be reasonable, and explain things clearly, and don't say things emotionally!" Wulongyu Tourist Attraction is engaged in the second phase of the project, the task is arduous, not the time to pick a child! ”
Wang Wenhua's words have actually made his point of view clear, that is, what Chen Guan said is the truth and reasonable!
Chen Guan said "Xie Lu Xie Wang criticized and corrected", and then said to Wang Hong: "Director Wang, you said that the company is collectively owned by our Wulongyu villagers, the land ownership of Wulongyu Scenic Area is our village collective, and the right to occupy, use and operate the land belongs to our villagers. We are just engaged in a variety of operations in our own fields of responsibility, so why do we need to report to the State Council? ”
This is still reason, love, not law, but Wang Hong is no longer willing to refute or ridicule, because he has realized that Chen Guan has made the ins and outs of the matter clear in the way of storytelling. Even if it violates the land law, the leaders will think that it is necessary for the sake of development, and at most they will instruct Wulongyu Tourism Development Co., Ltd. to quickly make up the procedures, and they want to use this to curb Zhang Deqing's idea of promotion, but it will not be realized.
Chen Guan changed his words, his voice was not high, but he was loud: "Director Wang, what I said earlier is the origin of our Wulongyu tourist attraction and the reason that we do not need to declare the conversion of agricultural land into construction land. Let me now say a few words about the legal basis. Article 11 of the Land Law stipulates that if the land owned by peasant collectives is used for non-agricultural construction in accordance with the law, the people's government at the county level shall register and issue a certificate to confirm the right to use the land for construction. That is to say, in the case that the ownership of Wulongyu tourist attraction belongs to all Wulongyu villagers, we are to convert agricultural land into construction land for tourism, and we only need to declare to the Mingshui County Government, and the Mingshui County Government will issue a certificate and confirm the right to use the construction land, and there is no need to declare to the State Council. Because the ownership of the land still belongs to the Wulongyu Village collective, not to be expropriated by other enterprises and institutions! ”
After finishing speaking, Chen Guan specially asked: "Director Wang, do I understand correctly?" ”
Wang Hong couldn't get off the stage, his face turned pale, and he muttered: "It's not what you said, it's not what I said, I'll talk about it after the conclusion of the investigation!" ”
Things have come to this point, and the leaders present are already clear at a glance.
Yu Yan, who was flipping through the land law reader, got impatient, threw the book on the conference table with a "snap", and directly scolded Wang Hong: "What to investigate? After the meeting, you go back to organize the staff of the Land Bureau to collectively study the land law, and everyone must write down their experience and learn it clearly! Don't talk about this anymore! After the Mingshui County Party Committee and the county government go back, let your county land bureau report the situation clearly to the provincial land bureau, and at the same time help Wulongyu Tourism Development Co., Ltd. to go through the relevant procedures as soon as possible! Whether you need to do it or not, let's do it first! ”
Yu Yan's statement can be regarded as putting an end to the debate between Chen Guan and Wang Hong!