|
In recent years, with the acceleration of urbanization of rural areas, the
amount of disestablished villages and teams are ever increasing
which have
caused the appearance of many new situations and new problems on the
administration of rural collectively-owned assets.
For the purpose of protecting
the legitimate rights and interests of collective economic organizations in
villages and peasants,
we hereby put forward the following suggestions on
further strengthening the administration work on rural collectively-owned assets
in this Municipality:
I. Clarifying the targets
The rural
collectively-owned assets refer to the assets collectively owned by all members
of the town, village or team (group),
including collectively owned land and
collectively owned natural resources provided by laws, and various kinds of
collectively-owned
floating assets, long-term investment, fixed assets,
incorporeal chattels and other assets. The rural collectively-owned assets
are
the accumulated products of broad peasants' industrious work, are the important
material base for the development of rural
economy and the realization of
prosperity for all peasants. The right of ownership of rural collectively-owned
assets is protected
by national laws and all units or individual persons shall
not infringe. The governments of all levels shall, strictly in accordance
with
the requirements provided in the "Notice of the State Council on Strengthening
the Administration Work on Rural Collectively-owned
Assets" (SC G [1995] No.35)
and the "Notice of the Shanghai Municipal People' s Government about Approving and
Transmitting the
'Suggestions on Strengthening the Administration Work on Rural
Collectively-owned Assets in This Municipality' made by the Municipal
Agriculture
Commission" (SMPG G [1997] No. 27), fully enforce the administration on rural
collectively-owned assets, safeguarding
the interests of broad peasants.
II.
Perfecting the mechanism
The reform on rural collectively-owned assets shall
be further deepened in accordance with the principles of "In conformity with
legal provisions, in accordance with standards, and justice" , and the reform of
joint-stock system of rural collectively-owned
assets shall be explored. Through
the definition of stock rights, the peasants can enjoy the distribution of
dividend, and a new
type administration system of legal entities of rural
collectively-owned assets shall be set up, and the democratic administration
system and effective supervision mechanism on rural collectively-owned assets
shall be perfected. Through the reform, the strength
of rural collective economy
shall be continuously consolidated and expanded so as to promote the continuous
increase of the peasants'
income. All districts and counties administrative
department of rural collectively-owned assets shall strengthen the guidance on
the deepening of the reform of rural collectively-owned assets.
III.
Disposing the assets in strict procedures
The rural collectively-owned assets
of the disestablished villages and teams shall be appropriately handled strictly
in accordance
with relevant policies. The disestablishment of villages and teams
that meet the required conditions shall, in accordance with relevant
provisions,
only be carried out upon the approval in accordance with law. The disposing of
collectively-owned assets of legally
disestablished villages and teams shall be
approved by all levels of government strictly in accordance with the provisions
of the
"Interim Procedures of Shanghai Municipality on Handling of
Collectively-owned Assets of the Disestablished Villages or Teams" (SMPG
G [1996]
No.34) announced by the Municipal People' s Government and the "Supplementary
Suggestions on the 'Interim Procedures of
Shanghai Municipality on Handling of
Collectively-owned Assets of the Disestablished Villages or Teams' " (SMPG G
[1998] No.55)
made by the Municipal Agriculture Commission and approved and
transmitted by the Municipal People' s Government, and shall not act
at will. In
the disestablishment of the villages or teams, the ownership of the land
collectively-owned by peasants in accordance
with law and that has not been
requisitioned by the State shall not be randomly changed by any unit or
individual person. On disposing
the said collectively-owned assets during the
term of disestablishment, a long-term mechanism shall be set up for the increase
of revenue of peasants, and prevent the acts of dividing all the
collectively-owned assets in the form of currency at the time of
disestablishing
the villages and teams. The acts of "Once disestablished there comes the
division, Once divided it becomes none."
on the collectively-owned assets of the
disestablished villages and teams shall be resolutely restrained. The
administrative department
of rural collectively-owned assets at all levels shall
strengthen the supervision and examination, and take measures on the acts
of
violating relevant policies and provisions on the handling of collectively-owned
assets of the villages and teams at the time
of disestablishment, and prosecute
relevant liabilities.
IV. Normalizing the usage of the fund
The land
compensation turned over to the town/township collective economic organizations
by the disestablished villages and teams
in accordance with the provisions of
policies shall, in accordance with the requirements of the "Implementation
Suggestions on
the Carrying out of 'Suggestions on Policies on Promoting the
Increase of Peasants' Income made by the Central Committee of the
Communist Party
of China and the State Council' " (SMPC [2004] No.10) made by the municipal Party
committee and the municipal people'
s government, be mainly used for cooperative
medical treatment, overall planning of heavy diseases and serious diseases and
the
life security of the requisitioned peasants, and the act of using for other
purposes or distributing to individual persons in the
form of cash by
town/township government shall be strictly forbidden. Relevant district/county
people' s government may, in accordance
with the spirits of the document marked
SMPC [2004] No.10, formulate the implementation regulations.
Shanghai Municipal Agriculture Commission
January 10, 2006
|
