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中国农村合作化运动及其解体 (The Collectivizationa and De-collectivization in Rural China)/周大勇

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Student:Dayong Zhou

dayong_77@hotmail.com


The Collectivizationa and De-collectivization in Rural China

周大勇 (Zhou,Dayong)

Abstract: the process of de-collectivization took place 25 years ago, however it was uncompleted, which determined that china has to make great effort to continue his rural reform, in order to liberate the peasant and the status of rural region as the Party promised. In China, the non-privatization reform occurred along with the de-collectivization was a uncompleted reform, which remains the defects of both collectivization and small-scale peasant economy, therefore it restricts the development of the rural society, however, the current system seems unable also reluctantly to change it. This paper intents to introduce the process of the collectivization and the most important rural reform in this century, namely the de-collectivization, the demonstrates the progression of de-collectivization, its characters as well as the problems left to be solve.
Keywords: collectivization De-collectivization collective ownership incomplete

Foreword
I am pleased that I am allowed to write the term paper about China. China was influenced by Marxism and walked in detour of history for half century. Before Marxism bankrupted in former Soviet Union and Eastern Europe countries, China had adopted a different way to reform from those countries. Because of the difference in aspects of historical evolution, political forms and natural environment, it’s hard to compare the rural society of China with these former socialism countries directly, also, the progression of collectivization and its end are different in two continents.
Rural china before collectivization
Collectivization was a mark system of the socialist state. Although in the era of Utopian socialism, Robert Owen for example has already attempted to set up the collective farm, but it wasn’t pursued by force strength of government. Even the founder of communism Marx didn’t agree that communism could be realized in undeveloped countries with extremely poor productivity . It was Russia, the serf country, in which Communist took power without adequate preparation; collectivization was implemented by force, in order to consolidate the rule in grass-root countryside. This experience has influenced China and Eastern Europe, because one of the merits of the collectivization lies in being easy to be managed, the other lies in being easy to deprive peasants.
China was a backward country, which suffered from ignorance and war for centuries. Throughout the centuries some 80 to 90 percent of the Chinese population were farmers and live in one of some 900,000 villages, which have an average population of from 1,000 to 2,000 people. Villages were not self-contained, self-sufficient units. Clusters of villages centered on small market towns, which linked them to the wider economy and society by providing not only opportunities to buy and sell but also opportunities for entertainment, information, social life, and a host of specialized services. The traditional Chinese elite, often referred to in English as the gentry dispersed across the country and often lived in rural areas, where they were the dominant figures on the local scene, normally ruled villages. Although they held land, which they rented to tenant farmers, they neither possessed large estates like European nobles nor held hereditary titles. However, they traditionally interpreted central policies and national values for villagers. As in feudal relationship, the peasants and gentry live depend on each other. Gentry provided land to poor peasants and tenant, and work with rich and middle peasants to secure the order in village, for instance opening school and building basic infrastructures to maintain there social status. In Chinese history, at the beginning of very dynasty, the land relationship between landlord and poor peasants were comparably fair, that meant, peasant have parcel farmland to live on. But land tended to be concentrated on end every dynasty, then there might be a peasant uprising led to a new dynasty and retribution of land. This is the basic clue of social evolution in China before communist period.
After the Chinese Communist Party came into power in mainland, it had to keep its promise, which it made during the period of war to encourage the peasant to join the army, that it would gave peasant their own land. The first major action took place from 1940s to early 1950s. June 1950, a new Land Reform Law of new People’s Republic was promulgated and stipulated nullification of the feudal land ownership system, and institutionalization of the system of land ownership by peasants, in which the Party sent agents to every village to carry out the land reform policy. This in itself was an unprecedented show of political power and the resolution of transform an old society. The reform was successful, because the peasants supported the policy; most of them had been waiting for the reform for long time. In the light of the reform law, land were redistribute from the landlords, land-owning trusts or wealthier families to the poor segments in the same village; village elites, who might be expected to go up against the Party and its programs were brought down; new leadership was established by poor peasants who showed the most loyalty to the party's goals; instead of kinship group or patron-client ties, class status became new relationship among villagers.
the process of Collectivization
However, the Party’s leaders were not satisfied with the privatization of land, at one hand, such ownership, according to the doctrine of socialism, should have been abolished in the state of socialism, at another hand, private ownership of small peasantry had no function of property accumulation for the country. At that time, in order to accelerate the construction of socialism, China had launched The First Five-Year Plan after the Soviet model; heavy industry development was profound stressed since the leaders of Communist Party regard socialist country as a country with developed industry sectors. However, the situation in early 1950s was not ideal for a new country. Pressing of needs for food in a country with burgeoning population, domestic capital for investment, and purchase of Soviet-supplied technology, capital equipment, and military hardware. To satisfy these needs, collectivize agriculture was put forward. Collectivization was regard as a method to turn countryside to stabile backing, which can be managed as semi-military and had rare contact with outside, so that the government could press the price of agricultural products by means of scissors difference between cities and countryside, and seize huge numbers of profit from agriculture economies to support the industrialization in city. At the same time, the government had already nationalized banking, industry, and even trade. Private enterprise was already virtually abolished in national wide.
Despite internal disagreement as to the speed of collectivization, preliminary collectivization was launched since 1952. China's peasantry saw Chairman Mao and the Communist Party as heroic much more than Russia's peasantry had seen Stalin and the Bolsheviks as heroes, and through 1956 the peasantry cooperated with the Party. There was none of the resistance and warfare that had accompanied the collectivization of agriculture in the Soviet Union.
The collectivization of agriculture was basically completed with the establishment of the people's communes in 1958. The People’s Commune system was defined as a unity of politics and production, in which all members of the commune jointly owned property. Essentially, the commune system was based on private contract of its members and the principle of voluntaries and mutual benefit, however, it turned out yet as coercive institutional arrangement, which was made by government with political power. In the movement to achieve the People’ s Commune, peasants had no choice whether or not to join.
Communes were designed as large, embracing scores of villages created by combining some 20 or 30 advanced producers' cooperatives of 20,000 to 30,000 members on average, in some cases the membership varied from as few as 6,000 to over 40,000. It was instituted as an organization with functions of the lowest level of local government and the highest level of organization in agricultural production. Communes consisted of three organizational levels: the central commune administration; the production brigade , and the production team, which generally consisted of around thirty families. This kind of institution was an organization of hierarchies, in which the commune acted as political unit and top manager, the brigades played role of co-coordinators between the commune and the basic production teams. The production team was basic units of production and accounting. Since the people’s commune system was a tool established to extract resources from agriculture sector for industrialization, as a result, it neglected peasants’ incentive completely. In order to let the people’s commune system run, the central government designed an relative effective mechanism to encourage managers in each hierarchy to work enthusiastically, yet, in each level, the managers were treated differently and there was a clear difference in aspects of identity and welfare between the managers of the commune and of the brigades or production teams.
The commune was defined as administrative organ and executed the central government’s orders, and paid from central government’s budget, therefore the managers in the level of commune were “state cadres” , that means they were formal governmental officials and got wage monthly. These state cadres could be promoted and became officials of governmental divisions in higher level. Brigades and production teams were collective economic organizations, their running expenses came from production teams’ tribute. Managers in brigades level were called “collective cadres” . They were remunerated in their own production teams according to their labor quotas. Their wage was paid in the form of products instead of money. Managers in production teams were“team cadres”, they were also members of the production team. They worked as peasant like their workmates, and were paid in products according to labor quotas. Team cadres could be promoted to collective cadres. Collective and team cadres had little possibilities to be promoted and became members of state cadres. Nevertheless, as collective and team cadres had some privileges. For example, collective managers had the power of assigning state’s delivery quotas and production tasks among production teams, they determined who could enrolled in state-owned factories, universities and army. The production team managers executed the power of assigning work and distributing products among collective members. Furthermore, in the period of many political movements and class struggles, the identity of cadre could protect their families, relatives and themselves from being denounced and bullied (Tan, 1999).
At beginning, the commune itself was decorated as the representation of socialist society and had all merits of public ownership. Although nearly all the private property had been deprived, peasants had to praise the new system profusely. it was true, most poor peasants found that their lives changed, by eating in the public dining they didn’t need to worry about their own budget anymore, and by working together, they were not necessary to try their best. Following propaganda appeared in newspapers everyday:
The public dining halls are distributed in a way that members need walk only a few minutes from their homes to take their meals. On the freshly whitewashed walls of the one on Shihfuchien Street, a typical establishment, there is a big slogan in red, which reads, "High Spirits for Higher Production!" Its kitchen, to which the visitor is drawn by the aroma of food and the clatter of pots, is managed by Tu Hsiu-chen, the first volunteer cook, who has since learned large-scale catering from the chef at one of the city's restaurants.
The walls of the spacious dining room are decorated with paintings, as a home might be. Its tables and chairs, though simple, are scrubbed to a shining cleanliness. The food is fresh and tasty -- vegetables are grown by the commune itself. The staff make a special point of studying the diet and preferences of old people, children, nursing mothers and members with ailments. There is a separate room for parents with small children, provided with low tables for the little ones.( People’s Daily, 1958)
However, in practice, this ideal, extremely centralized form commune didn’t keep running well in most areas. Very soon it became clear that in most cases the communes were too clumsy to carry out successfully all the managerial and administrative functions that were assigned to them. The cooperative led to low-efficiency, the advantages of large-scale productivity didn’t arrive as peasants anticipated, productivity began to drop and discontent emerged. The reason lies in insufficient utilization of resources and lack of incentive of peasants. At one hand, the output of cooperation comes from all members’ work, in which the tribute of single household is difficult to be measured. So that opportunism like shirking happened naturally very frequently. An effective way to prevent shirking is to have all members supervised, but the seasonal work and spatial diversity of agricultural productive activities make it difficult to totally supervise. At the other hand, although brigade and production team cadres were obliged to complete state’s planning and all kinds of deliveries, the control right and residual claim of the people’s commune system were in the state’s hand, these cadres at grass-level could not design any reasonable incentive mechanism to encourage peasants to work hard and produce according to reasonable natural condition, such as soil, irrigation and farm year. The way left for brigade and team cadres was to punish peasants by struggling against them or maltreatment. But the brigade and team cadres also belonged to members of production teams, they and their families lived in the same community with their subordinates as well, so punishing peasants could also make themselves in trouble. Moreover, under the property rights structure of the commune system, the rest of output was not belong to the commune, brigade or even production team, but to the governments of higher level. This made the supervisors’ effort unrelated to any reward. As a result, even the supervisor himself has not enough incentive to work and shirk himself sometimes. In a word, under such conditions of poor supervision, in which all the work was distributed equally among all members at the lowest level--production team, shirking became every member’s rational choice and further weakening the efficiency of the system (Lin,1990).
De-collectivization
To prevent peasants from slow down, shrinking and escaping in work, and assure the system could keep on moving, the party collected all productive equipments and forbid members in people’s commune engaging in private production and business on the one hand, and at same time deprived peasants’ right of migrating from countryside to city or between districts by means of household registration on the other hand. Nevertheless, such policies had no effect on improving incentive of peasants, but they formed at least political press on very member of people’s commune, because it turned out that everyone’s only routine is to stay in the commune and finish one’s task. Without the right to leave or get better than others, peasants commonly chose to work with little effort, e.g. a passive method, to evade production tasks assigned by leader. Little accumulation and shirking made countryside widely fall into poverty , rare rural region had good conditions to develop industry or to improve commerce, infrastructures went worse, productivity sank quickly. The most serious crisis for agricultural collectivization happened between 1959 and 1961. GNP decreased from 213.8 billion Yuan in 1958 to 180.0 billion Yuan in 1962, with an average annual reduction of 15.1% in gross industrial production value and an average annual reduction of 19.3% in gross agricultural production value from 1958 to 1960. Owing to the serious shortage of food, a great famine took place in the whole country and at least 30 million residents died (Tan, 2000). Discontent with such system broke out, in some areas, peasants didn’t want to relied so heavily on orders from above and made so little allowance for local conditions or local initiative. The severe crisis forced the Party to adjust their policies. From 1961 on, commune functions were reduced to administration and co-ordination, production team was confirmed as the basic unit of accounting, certain production decision making was delegated to production teams, which were allowed to retain some income to overcome problems of egalitarianism; households again allowed to have small private plots and sidelines for planting vegetables, and a limited opening markets for transaction between urban and rural areas. However, these adjustments didn’t mean to change the system of people’s commune, but only to prevent peasants from rebel. From 1966 to 1976 China suffered the disaster of Cultural Revolution , there were large institutional swings took place in this period, in which co-operative moved from small to large and from team to brigade to commune again, local free markets, sidelines and private plots was prohibited again, and political factors had a great influence on production decisions.
In late 1970s, after the Leader Chairman Mao passed away, the requirement for improving agricultural productivity came alive. Administrators in provincial-level units with extensive regions of low yields and consequent low standards of living began experimenting with new forms of tenure and production. To avoid frontal conflicts of wide scope with government’s policies and the main ideology, a gradual approach was adopted. The first step of reform was to divide the production team into groups and to fix yield quotas for each group. Each group signed a contract with production team, the contractual items included the conditions of using land, laborers, farm tools and draft animals, the expenditure, labor contribution, rewards for excessive labor contribution and so on. After completing the tasks assigned by the production team, the output could be distributed among work groups according to their labor quotas. And then, the further solution was put forward, namely the typical form of fixing quotas called “all-round contract”, which was initiated by a few brave peasant secretly in Fengyang county of Anhui province. this contract regulated, household was allowed to cultivated a certain parcel farmland in the group, if grain quotas assigned by the state and the collective accumulation were accomplished, the household could own all the residual output. In the light of the contract, peasants were given directly stimulation to produce. The experiment was deemed successful and popular, and it soon spread to all districts.
At another side, political situation was appropriate with the reform form below. In the Eleventh National Party Congress, held August 12- 18, 1977 proclaimed the formal end of the Cultural Revolution, blamed it entirely on the Gang of Four , and reiterated that "the fundamental task of the party in the new historical period is to build China into a modern, powerful socialist country by the end of the twentieth century." The reformer Deng Xiaoping was elected as vice chairman and back to political stage and suggested a series of reform plans, though many contradictions still were apparent, change of policy was regarded as necessary. Rehabilitations of Deng's associates and others sympathetic to these reform plans were stepped up. Not only were some of those purged during the Cultural Revolution returned to power, but also individuals who had fallen from favor as early as the mid-1950s were rehabilitated. It was a time of increased political activism.
In November 1980, the Central Committee of Communist Party of China issued the document Some Issues of Further Reinforcing and Improving the Responsibility System in Agricultural Production. This article manifest the first time that the Party accepted the production responsibility systems developing in practice. In the document fixed output quotas of farmland for each group and responsibility contracts in some specialized obligations were indicated, at the same time, the fixed output quotas for household was also regarded as positive. Under the encouragement of government’s policy and related support measures, plenty of production responsibility systems developed very rapidly in rural areas. In 1981, a wide deeper reform called fixing the contribute quote for each household (bao gan dao hu), which was much more radical, was implemented. In accordance to the system, all collective lands in production teams were to be distributed among households based on their population or laborers. The households could manage the lands, made production decisions by themselves, and bore the results. When tasks assigned by upper government and the collective accumulation, e.g. a certain quantity of grain and livestock, were completed, the remained products could be owned by the households and not distributed among members in the production team. Moreover, if the household made sure that they have enough ration, they had right to sell the left grain to state owned agricultural enterprises or consume them as they want, usually feeding livestock or making wine for example. That meant the model from Fengyang was finally admitted by Party. In October 1983, the Party and the State Counsel issued the document Notice of Separating the Co-operative from Politics and Setting Up the Township Government and required the cooperative to separate from local government. The act ordered that the people's communes were replaced by administrative townships. By the end of 1984, 98% of production teams had taken the reform of Household Responsibility System. It was until then, the collectivization system was dismantled completely.
Some Characters of De-collectivization and Problems left
No restitution
Yet, de-collectivization and the implement of the household responsibility system is neither a reform of the ownership of land nor a process of privatization. As we have mentioned above, after the Communist Party set up its own government in 1949, it started land reform and distributed lands to the poor from landlords and rich peasants. Peasant acquired parcels of land according to the labor forces, then land were registered under name of each household. Before the eve of collectivization, most of lands in rural China were legally privately owned. But when de-collectivization began, peasants did not get back their former lands again. The household responsibility system only distribute the right of manage and benefit of lands among households according to their population or laborers. So, the de-collectivization in China did not like that in most of East European countries such as Bulgaria, Czech, Hungary, Poland, Romania and Slovakia, but like that in Albania. That is to say, there was no restitution of land. However, in former East European Countries, whether restitution was implemented or not, the de-collectivization had symbiosis with privatization. In China, although during the process of de-collectivization there were in reality some opinions that lands should be restituted, such voices were not accepted, nor even discussed.
The reasons why restitution of land in the de-collectivization of rural China did not happen may lie in some historic reasons. First of all, although peasants in China had private ownership over lands before the collectivization, large percent of peasants owned farmlands that did not belong to them before, they obtain them from political transformation. Theoretically, violence can’t consist the legal reason of transfer of ownership over real estate, therefore even after the terrorize during the land reform at beginning of 1950s, the private ownership of lands, which was made out by the communist government, had not yet became stable and commonly accepted. However, the former landlord class had rooted off during the political movement, land contacts and register books of land title had been destroyed, no one dare to challenge the power of Communist Party anymore. Since the collectivization began soon after the land reform, the new established owner relationship was broken again, when de-collectivization came about, without supports from the central government, most of peasants only took the household responsibility system as another chance of equally distributing lands, just like the land reform in 1949. As to descendants of former landlord class, they might have not forgotten the experience of their poor ancestors’: claiming private right before the Party which regarding public ownership as universal truth is a dangerous deal.
Secondly, different from most country in former communist east European countries , in which farmers’ nominal ownership of lands was remained, even though their lands were requisitioned in collective farms without any payment, and so that it was easy for peasants in these countries to take back the land when the collective farms went over. On the contrary, in China, private ownership of land was totally abolished as soon as the people’s commune system was set up, after 20 years, the collective ownership had already fest basis. As a result, the transaction costs of restitution so high as to wipe it out. That means, even a peasant want to take back the former farmland which belonged to them, it’s very hard to him to collect the relevant evidences to support his claim, moreover, there was no legal justice process to support such application. So normal farmer would rather to accept the Household Responsibility System.
Finally, the key reason lies in the socialism system itself. Even though the Communist Party of had poor performance in leading the country and its people to wealth and happiness during socialist revolution, Chinese people have taken socialism as the characteristic of the country for grant, after all the slogan “ Socialism saved China” has been deeply impressed. So that even after the Culture Revolution, most people still propped up the Party. The Party led the rural reform and decided the de-collectivization. However, the reform is a “liberation of the rural productivity”, which suit the requirement of the Party. Because the Chinese Communist Party insisted that his mission is to realize socialism, and socialism is based on public ownership system. Collective ownership was deemed as one form of public ownership in rural regions, so that as China kept on the road of realizing socialism, “land in rural areas belong to collective” was certainly remained after rural reform, and regulated in the Constitution of 1982, which is valid till now.
At the time of de-collectivization, the dissolution of people’s commune and the wide implement of responsibility system were regard as a great innovation. According to the statistic, The Household Responsibility System did bring about a more prosperous agriculture in China. From 1978 to 1984, grain output in China increased at an annual average rate of 5% and the gross value of agriculture by 7.7% (Lin, 1997). In contrast with former European countries, the de-collectivization seems bring more benefit to Chinese peasants at beginning. So that at that time, rare peasant did realize that such a reform without transformation of ownership was incompletely. However, The natural shortcomings of the de-collectivization would surely bring a series of problems.
institutional problem: land distribution
As we showed above, the de-collectivization ran smoothly and the introduction of Household Responsibility System has got a great success, although it could not address everything as only an institutional innovation. After several years of practice, it has been already proved that there are a number of weaknesses and limitations remained from the incompletely de-collectivization. One has to confirm, that the collective ownership and contract system led to the inequity in both economic and political features.
In economic view, during the de-collectivization, farmland was distributed to individual households in form of fragmented farming units. The principle of land distribution was derived directly from collective ownership. Farmland in a village was owned by all of its members collectively. As a result, every member had equal right to claim on distribution of the land according to certain norm, which was based primarily on the size of the peasant family. In reality of China with abundant population and limited land, the amount can be distributed to each household was very small. Moreover, land differed from each other in terms of soil fertility, irrigation conditions, location and so on. In many cases, a household had to obtain pieces of land from each of the grades. as a result, the sum was not only insufficient but also disjointed and scattered around villages. Large areas of cultivated land were wasted in the form of paths and boundaries separating households' contract field. A survey conducted by the Chinese Ministry of Agriculture indicated that in 1986, among 7983 sample villages from 29 provinces, average cultivated area per household was 0.466 ha (7 mu) fragmented into 5.85 plots, each plot on average 0.08 ha (1.2 mu) (Ministry of Agriculture of China, 1993) . This fragmented structure of family farming has remained largely untouched after implement of contract system and has detained the possibilities of using relatively advanced mechanical agricultural equipment and infrastructures.
Under such system, farmers turned to be short-term in action. According to the distribute rule of land in household responsibility system, land is to distribute depended only on villager status, babies and villagers' new-comer such as newly married bride from other villages were all eligible claimants, which having equal rights to share equal amounts of land in this village; on the contrary, when a villager left or died, the right of land claim would automatically withdraw. As population increased, villages had to readjust the distribution structure, which further subdivided the farmland . The endless redistribution of farmland resulted in many problems, including: 1) the situation of a small and fragmented farming structure further deteriorated; 2) worrying about the risk of losing their land as well as investment, farmers had little incentives to improve land conservation and agricultural infrastructure - irrigated land, one of the most significant components of agricultural infrastructure in China, remained almost unchanged during the 1980s; 3) farmers over-exploited the soil to pursue short-term profits; 4) the course of land redistribution was also costly, it required labor and time in organization and execution. (Chen, 1999)
Another problem is that farmland was generally badly endowed with the appropriate human capital. Since egalitarianism was the general leading principle rule, which gave little consideration to interfamily differences such as labor capability, education and individual preference . As a result, some large households with a incomplete labor force could have comparably much more land to cultivate, meanwhile other smaller households, above all those specialized in agriculture, could have only inadequate land for full employment. Such kind of problem was much worse in rural areas experiencing rapid township or village industry and urbanization. In those region there was often deterioration in the agricultural labor force since most of capable labors tended not to work at home as a farmer. There were many who did not give priority to cultivation and at times even let the land lie unused. Consequently, the farmland was underutilized .
Upon preceding analyzing, we can see that, in order to pursue egalitarianism on surface in distribution of land, in the process of the de-collectivization sacrificed economic efficiency. Thus, if the land was private, then those difference arouse from distribution will decease after enough time, because the free market will lead to equal efficiency through the choose of market. However, such political background lacked from beginning on, so that the shortcoming of a non-privatization de-collectivization can’t be corrected or even be enlarged because of problem of political system.
One of the main reason is political structure over the collective ownership. First at grass-root level, it was usually the village head, who takes the power to decide distribution since decentralization. So that the cadre family or their relations will surely benefit from the distribution. Having a cadre in the family seems to be a certain prerogative in using their political status to accumulate wealth. At one hand, Village cadres may allocate more fertile parts of the village land to themselves and determined more favorable grain sales quotas for themselves. And also, cadres have more opportunity to build personal relationship with higher level and other important departments, rural credit banks or transportation companies for example, so that they have more chance to obtain material benefit than normal peasants. As we see, most of collective enterprises and private economies in rural areas have tight relationship with local governments, at the basic level, with villager cadres, most rural enterprisers are villager leader themselves. Furthermore, cadres and their relations generally tend to break the policy of birth control, because they are capable to support more family members, and their kin will strengthen their economic and political power in return.
At another hand, though according to the election regulation of rural cadre in china, these village cadre should be elected directly by villagers, who have common interest in the community, this rule has been almost never put into practice. Under one Party system and public ownership system, all important resources are gathered in the Party’s hand, as a result, instead of election, the opinion from higher level plays a significant role, in order to carry ort the policy of Party efficiently. In fact, two factors determine the candidates in appointment of village head, one is the relationship with official of higher level, and the other is kinship. Consequently, cadre family takes all advantages to maintain their power and status through such appointment. So, cadres in rural China don’t represent the benefit of their village members, but the power of the Party as well as the family, there is no possibility for peasants to claim equality or save their from suffering as a peasant.
In a word, after a short flourish in rural China, which came along with the de-collectivization and the implement of Household Responsibility System, most peasants have to face the irrational occupation and distribution system of farmland and the political system, which is impossible to change. Besides there was strict limitation prevent peasants from abandoning their responsible land and rushing into cities, so that the peasants found it is hard to change their situation or turn it more better and free. This may explain why in rural china exists always the tendency of over population but the income of household began to decrease only after less than 10 years from the de-collectivization. As a result, land reform in China has emerged as a difficult issue in rural areas of exchange between social equality and economic efficiency. It seems obvious that since the mid-1980s the wide rural society has been caught in this predicament: where social equality or equity worsened, and at same time economic efficiency held back.. According to statistics, average net income in countryside has been slowed down for years. In 2000, the household average income only reached 272 dollars, but the Gini coefficient in China base in urban and rural areas rose from 0.21 in 1978 to more than 0. 46.
           当前农村信访举报现状、情况分析及预防对策研究

                  景县人民检察院

2009年至2012年10月份,景县检察院共受理案件线索307件,其中涉及农村村干部的举报线索101件,占受理案件线索的32.9%,实名举报率为80%。
一、农村信访举报反映的主要问题
这些信访案件中,经分类统计,主要涉及四个方面的问题:
1、反映村干部涉嫌贪污退耕还林款、粮食直补款的问题较为突出。在这101起案件中,反映村干部在发放粮食直补、林业补贴的过程中涉嫌贪占的有52件,占举报线索的51.4%。
2、反映村财务不公开或公开不及时、不真实的问题较多。在这101件信访案件中,基本上都提到了这个问题。
3、反映村干部贪占土地承包费和宅基费的问题。这类案件线索有21件,占举报线索的20.8%。
4、反映非法占用耕地的案件2件。
二、当前农村信访举报的现状
1、农村信访举报增多,涉及村干部违法犯罪举报比重大。2004年至2006年三年景县检察院控申部门受理46起涉农信访举报,2007年至2009年三年共受理54起涉农举报。举报农村党员干部比重大,其性质涉及贪污、贿赂、挪用公款、违反财经纪律、失职、侵犯党员公民权利、违反社会主义道德和违反社会管理秩序等。
2、举报涉及范围越来越广泛,处理难度越来越大。信访举报反映的问题中,经济、作风、政策、民主、合同以及法律等问题交织在一起,历史与现实的问题交织在一起,头绪繁多,涉及面广。既涉及贪污、贿赂、挪用公款、违反财经纪律等问题,又有村务、财务公开、土地承租、工程发包、城镇拆迁、土地征用补偿等问题。
3、群众对处理信访举报要求过高,合理诉求中掺杂着许多不合理要求。在信访举报中,有一部分合理的诉求,但同时也存在不合理的要求。如有的在上访过程中点名要见某某领导,有的要求工作人员当场承诺几天给结果,有的要求将被举报人如何处理等。检察机关作为法律监督机关,要以事实为依据、以法律为准绳去处理问题,但有时群众不理解,以致越级上访,重复信访。信访举报触及面宽,要求过高,处理难度越来越大。
4、信访动机呈多样化,情况复杂化。有四种类型:一是举报型,二是争权型,三是争利型,四是泄愤型。同时,信访人反映的问题,有亲身经历,不愿受欺压提出控告的;有道听途说的;有路见不平,写信相助的;也有存在不平衡心理报复人的;甚至是别有用心,捏造事实,制造混乱,陷害他人或故意造成不良影响的。各种来信来访,有的是真名实姓,有的是怕打击报复匿名或化名,有冒名顶替的。动机越来越多样化,情况越来越复杂,给涉检信访工作带来了难度。
三、当前农村信访举报突出的原因
1、群众民主法律意识日渐提高。随着法律知识的普及和新闻媒体对法律宣传力度的加大,农村集体学法、用法的意识显著提高。与以前相比,村民管理村务的主人翁意识得到增强,监督村务的积极性得到提高。“有难题靠法律”的观念逐步树立起来,促使村民在遇到基层不易解决的难题时,自觉运用法律手段到司法机关“讨个说法”。
2、个别群众民主法律意识存在片面性。主要表现为对法律法规的理解不全面,在诉求中,寻求法律政策支持时,往往依自身利益需求挑挑拣拣,对自己有利就学就用,对自己没利的就不学或故意回避,只讲权利,不讲义务。如在农村选举、承包等工作中,一些人不遵守少数服从多数的民主原则,片面强调“没经过我同意”,而造成一些好事因少数人干扰而办不成。
3、个别农村基层干部违法乱纪,侵害了群众的合法权益。农村干部队伍中主流是好的,但有一些农村基层干部受特权思想和社会不良风气的影响,利用手中权力,假公济私,对土地承包、征地补偿款使用等村民敏感的问题,不经村民或村民代表同意,擅作主张,在位时不是考虑如何带领群众脱贫致富,而是盘算如何利用职权谋取私利,甚至个别村干部作风霸道、横行乡里,使村民的合法利益受到侵害。这些行为引起了群众的强烈不满,严重伤害了党和政府与人民群众之间的关系,激起了群众义愤而导致上访。
4、村财务管理混乱,办事透明度不高,群众有疑问。有的村由于执行财务制度不严,使得村干部将上级下拨的粮食直补款、退耕还林款、征地补偿费等随意截留,不入帐、不上报,长时间不向村民公开村务。即使公开也只是象征性地公开收支总额,不公开明细帐,透明度低。当群众提出质疑时,一些村干部不予说明和解释,甚至压制、打击群众,造成干群情绪对立。
5、村民反映的问题在基层得不到有效解决。农村群众也想把问题解决在基层,更渴望得到基层村干部的理解与支持。但有些村干部对群众反映的问题相互推诿“踢皮球”,使问题长时间不能从根本上得到圆满解决,村民对乡村干部失去信心,无奈只好到司法机关告状举报。
四、平息农村信访案件、维护农村稳定的对策与建议
1、加强引导和宣传,不断提高群众的法律意识和理性维权意识。建议由政法委牵头,由公检法司等相关部门组成工作小组,深入各乡镇农村,通过接访、送法进村活动及人民群众喜闻乐见的普法方式,开展经常性的信访法规宣传。通过宣传,切实提高群众来信来访的三个意识。即客观公正意识,反映问题要依照客观事实,不胡乱猜测、不夸大其词、不无中生有;逐级反映问题的意识,不越级上访;有序反映问题的意识,反映涉及多数人利益的问题,推选5名以下代表,不组织、不策划、不参与集体上访。
2、要加大对农村基层干部的法律政策宣传教育力度。由纪检部门、检察机关在各乡镇开展党风廉政教育、职务犯罪预防警示教育、法制宣传图片巡回展活动,增强农村基层干部的党性观念和宗旨意识,提高他们严格按照法律和规章制度办事的自觉性。促使他们进一步增加村务、财务公开的透明度,杜绝暗箱操作,还广大农民群众一个明白,从而打消群众的疑虑。
3、严格执法,狠抓农村信访举报案件的查处。当前涉农案件存在查处难、取证难、稳控难等问题。要加强对涉农案件举报线索的统一管理,借专项活动集中查办一批农村职务犯罪案件,对于属于违法违纪行为的案件,要及时移交有关部门查处,积极消除农村社会不稳定因素。
4、畅通信访渠道,及时化解各类矛盾。创新信访接待的工作方式,采用视频、电话举报、网上举报等多种方式,为群众提出建议、意见或者投诉请求提供便利条件。同时,变上访为下访,深入农村开展巡回接访,及时发现并解决在农村信访稳定工作中的突出问题,积极化解干群矛盾,消除村民积怨,对没有实质性问题的上访案件,要把重点工作放在“活血化淤”上,向村民讲法律、讲政策,让村干部出来做解释工作,沟通思想,消除隔阂,给村民吃上“顺心丸”,通过做耐心细致的疏导工作,使上访群众息诉罢访,实现农村社会和谐稳定。

河南省人民政府办公厅关于转发省公安厅河南省交通警察道路执勤执法工作规范的通知

河南省人民政府办公厅


河南省人民政府办公厅关于转发省公安厅河南省交通警察道路执勤执法工作规范的通知

豫政办 〔2007〕101号


各市、县人民政府,省人民政府各部门:

  省公安厅制定的《河南省交通警察道路执勤执法工作规范》已经省政府同意,现转发给你们,请认真贯彻执行。

  我省是全国重要的交通枢纽,维护道路交通安全任务十分繁重。各级、各有关部门要高度重视道路交通安全工作。各级政府要切实加强对道路交通安全工作的领导,认真解决工作中遇到的困难和问题,搞好组织协调,为交通警察创造良好的执法环境。任何单位和部门不得擅自出台与《中华人民共和国道路交通安全法》、《河南省道路交通安全条例》相违背的规定。公安机关要严格道路交通安全管理,规范执法行为,提高管理水平,保障道路安全、有序、畅通。交通、城建部门要加强道路交通安全设施建设,为道路安全畅通创造条件。宣传部门和新闻媒体要加强对道路交通安全法律、法规的宣传,营造良好的舆论氛围。其他各相关部门要密切配合,按照职责分工做好相关工作,积极支持交通警察开展正常的执法活动。通过各级、各有关部门的努力,把我省道路交通安全工作提高到新的水平。

河南省人民政府

二○○七年九月二十四日

河南省交通警察道路执勤执法工作规范

(省公安厅二○○七年九月二十二日)

第一章 总 则

  第一条 为加强道路交通安全管理,预防和减少交通事故,维护道路交通安全畅通,规范交通警察道路执勤执法行为,保障交通警察依法履行职责,根据《中华人民共和国人民警察法》、《中华人民共和国道路交通安全法》、《河南省道路交通安全条例》等有关规定,结合本省实际,制定本规范。

  第二条 交通警察在道路上维护交通秩序,检查、纠正和处罚交通违法行为,适用《中华人民共和国道路交通安全法》、《河南省道路交通安全条例》和本规范的规定。

  第三条 交通警察在道路上执勤执法应当按照规定着装,佩戴省级公安机关交通管理部门制发的执勤证件。做到警容严整,举止端庄,语言文明,动作规范,忠于职守,严格执法。

  查纠交通违法行为时应当先敬礼,使用规范用语。

  第四条 交通警察在道路上执勤执法时应当严格执行安全防护规定,注意自身安全。

  第五条 交通警察在道路上执勤执法,依法履行下列职责:

  (一) 指挥、疏导交通,维护交通秩序;

  (二) 检查违法车辆、车辆行驶证件;查验违法行为人驾驶证件;

  (三) 清理违法占道车辆,纠正、处罚交通违法行为;

  (四) 保护交通事故现场,依法处理简易交通事故;

  (五) 制止公路“三乱”行为;

  (六) 维护公路治安秩序,打击违法犯罪;

  (七) 宣传交通安全法律、法规;

  (八) 履行其他应当由交通警察履行的职责。

第二章 道路执勤

  第六条 交通警察在查处交通违法行为时应当使用下列规范用语:

  (一) 你好!请出示驾驶证、行驶证。

  (二) 你的行为违反了《中华人民共和国道路交通安全法》第××条、《河南省道路交通安全条例》第××条的规定,请严格遵守交通法律、法规。谢谢合作。

  (三) 你的行为违反了《中华人民共和国道路交通安全法》第××条和《河南省道路交通安全条例》第××条的规定,依法对你处以××元的罚款,记××分或者扣留你的驾驶证或者机动车。

  (四) 你有权陈述和申辩。

  (五) 请你签名,并于15日内到处罚决定书(或行政强制措施凭证)上载明的罚款代收机构缴纳罚款(或者××交通管理部门接受处理)。如有异议,请于60日内到××单位申请行政复议或者在3个月内到××法院提起行政诉讼。

  (六) 请注意遵守交通法规。谢谢合作。

  (七) 对不起。依据法律规定,我们不能当场收缴罚款。

  对于交通违法驾驶人拒绝签收处罚决定书或者行政强制措施凭证时,应当告知违法行为人,拒绝签字法律文书同样生效并视为送达,并在处罚决定书或者行政强制措施凭证上注明当事人拒绝签字。

  第七条 公安机关交通管理部门根据交通安全管理工作需要,可以实行巡逻执勤和设点执勤等勤务模式。

  第八条 交通警察在道路上执勤,必须严格依法履行职责,及时查处各类道路交通安全违法行为,维护道路安全、有序、畅通。

  第九条 交通警察在道路上执勤,应当重点加强对危险路段、事故多发点段及公路客运车辆、校车、农用车、危险化学物品运输车辆等重点车辆的管控。

  对超速、超员、疲劳驾驶、违法超车、违法会车、无牌无证、货车和农用车违法载人等严重交通违法行为,应当依法从严处理。

  第十条 公安机关交通管理部门应当结合本地实际,制定巡逻执勤计划,科学调配警力,强化路面管控,保障道路交通安全畅通。

  第十一条 警车巡逻时应当开启警灯,严格遵守交通安全法律、法规有关道路通行的规定,保持规定车速和车距,严禁超速和抢道行驶。

  第十二条 巡逻中检查纠正违法行为,应当选择道路相对宽阔、视野良好的安全路段,指挥违法车辆靠边停车,并责令车辆驾驶人开启危险报警闪光灯,夜间还要开启示廓灯,避免发生交通事故。交通警察查处交通安全违法行为,应当在保障道路安全、畅通的前提下进行。

  第十三条 交通警察巡逻执勤应当填写《巡逻日志》。《巡逻日志》应当包括巡逻警车牌号、巡逻人员姓名、巡逻开始和结束时间、巡逻区间、巡逻期间主要执勤执法活动等内容。

  第十四条 公安机关交通管理部门可以根据车辆通行状况在交通事故和交通违法行为多发路段设点执勤。设点执勤应当选择安全和不妨碍通行的地点。

第三章 道路监控设施设置和使用

  第十五 条道路监控设施和交通信号、交通标志的设置应当以预防交通事故、保障安全畅通为目的,坚持实事求是、科学合理、便利通行、突出重点、符合法律的原则。

  第十六条 应当在国道、省道等公路的复杂路口、危险路段、穿越城区路段及公路沿线村庄、学校、人口密集区设置限速标志,其他路段不得设置低于法律、法规规定和公路设计时速的限速标志。设置限速标志应当配套设置限速提示标志和限速解除标志。

  第十七条 道路交通监控设施应当符合规定的技术标准,并在检验有效期内方可使用。

  第十八条 交通技术监控资料图像不清晰、不完整、拍摄画面内同时有2辆以上机动车的,不得作为处罚证据使用。

  交通违法行为已被当场处罚、机动车号牌被套用、机动车被盗抢期间交通违法、因服从现场交通警察指挥造成违反交通信号等情形的监控资料,不录入道路交通违法信息系统。

  对机动车超速在10%以下(高速公路除外)的,以教育和警告为主,不给予罚款处罚。

  第十九条 道路监控设施记录的违法行为,在录入道路交通安全违法信息系统前,应当先与机动车信息查询系统进行比对,核实机动车证据所显示的车牌号码、车型、颜色等车辆外观特征等基本信息,确认唯一性后方可录入。

  第二十条 违法信息比对、审核、录入应当在提取交通技术监控资料后15个工作日内完成。

  第二十一条 违法信息录入道路交通违法信息系统后,公安机关交通管理部门应当在5个工作日内向被监控车辆所有人或者管理人通过挂号邮寄等方式发出全省统一制式的《道路交通监控违法行为处理告知书》。未按规定时限发出《道路交通监控违法行为处理告知书》的,不得进行处罚。

  第二十二条 通过邮寄方式送达《道路交通监控违法行为处理告知书》、《道路交通违法行为处罚决定书》及罚款收据的,不得要求违法行为人承担邮寄费。

第四章 违法行为纠正和处理

  第二十三条 处罚交通违法行为应当在《中华人民共和国道路交通安全法》、《河南省道路交通安全条例》规定的罚款幅度范围内确定罚款数额,严禁擅自提高或者降低处罚数额、扩大处罚范围。

  第二十四条 处罚交通违法行为应当使用规范的法律文书。法律文书填写和法律条文引用应当完整、准确、规范。

  第二十五条 按照简易程序处罚交通违法行为,或者现场采取扣留车辆等行政强制措施,应当依照法定程序,分别开具省级公安机关交通管理部门统一监制的《简易程序处罚决定书》、《公安交通管理强制措施凭证》。严禁罚款不开具处罚决定书,扣车、扣证不开具凭证。

  第二十六条 交通警察应当严格执行罚缴分离制度,严禁违反规定当场收缴罚款或者罚款不开具票据。

  第二十七条 对在公路上随意设置站点罚款、收费影响安全畅通的,应当立即制止;对非法拦截机动车,不听劝阻,造成交通阻塞或者较大财产损失的,依据《中华人民共和国道路交通安全法》第九十九条的规定从重进行处罚;构成治安违法的,依据《中华人民共和国治安管理处罚法》的有关规定进行处理。

  第二十八条 对机动车驾驶人酒后驾驶又无其他机动车驾驶人即时替代驾驶的,可以将机动车移动至不妨碍交通的地点或者指定的地点停放。对违法行为人依据《中华人民共和国道路交通安全法》第九十一条的规定进行处罚。

  第二十九条 对公路客运车辆超过核定载客人数的,应当按照《道路交通安全违法行为处理程序规定》第四十一条的规定消除违法行为,对违法行为人依据《中华人民共和国道路交通安全法》第九十二条、《河南省道路交通安全条例》第六十四条的规定进行处罚。

  第三十条 对货车载货超过核定载质量的,应当按照《道路交通安全违法行为处理程序规定》第四十一条的规定消除违法行为,对违法行为人依据《中华人民共和国道路交通安全法》第九十二条、《河南省道路交通安全条例》第六十五条的规定进行处罚。

  第三十一条 对低速载货汽车、三轮汽车违反规定载人的,应当迅速进行纠正,对违法行为人依据《中华人民共和国道路交通安全法》第九十条、《河南省道路交通安全条例》第五十四条第(一)项、第五十七条第(十)项、第五十七条第(十一)项的规定进行处罚。

  第三十二条 对无证驾驶机动车又无其他机动车驾驶人即时替代驾驶的,可以将机动车移动至不妨碍交通的地点或者指定的地点停放。对违法行为人依据《中华人民共和国道路交通安全法》第九十九条、《河南省道路交通安全条例》第六十六条的规定进行处罚。

  第三十三条 对在高速公路上违法停车上下人的,应当立即进行纠正,并依据《河南省高速公路条例》第六十三条第二款的规定进行处罚。

  第三十四条 对其他交通安全违法行为应当及时进行纠正,并依据《中华人民共和国道路交通安全法》、《中华人民共和国道路交通安全实施条例》、《河南省道路交通安全条例》的规定进行处理。

第五章 执法监督

  第三十五条 交通警察必须熟记和正确运用交通法律、法规。公安机关交通管理部门应当建立道路执勤执法考核制度,加强对交通警察道路执勤执法的监督检查。建立民警个人执法档案,严格执法质量考评和错案追究。

  第三十六条 有下列情形之一的,应当按照有关规定作出相应处理:

  (一) 随意拦截检查没有明显违法行为的正常行驶车辆;

  (二) 随意提高或者降低罚款标准、扩大罚款范围;

  (三) 违规随意设置不符合标准的限速标志、监控设施;

  (四) 未经批准随意增加收费项目或者提高收费标准;

  (五) 逢车必查、查车必罚,没有中心隔离设施的道路上双向拦车检查,排队待查;

  (六) 具有其他不履行法定职责或者违反本规范有关执勤执法规定情形。

  第三十七条 凡罚款不开票、收受钱物的,视情节轻重分别予以辞退、开除,直至追究法律责任。下达罚款指标或变相下达罚款指标的,对直接责任人员视情节轻重予以免职、撤职、开除等处理。

  第三十八条 公安机关交通管理部门应当公布举报电话,对群众举报的案件进行调查,并将调查情况反馈举报人。

  第三十九条 公安机关应当加强对交通警察夜间道路执勤执法的监督检查。

第六章 警务保障

  第四十条 公安机关应当加强对道路交通安全执法活动的警务保障和维权工作,营造良好的执法环境。公安机关交通管理部门及其交通警察依法履行职责不受任何单位和个人的影响、干扰。

  第四十一条 对拒绝、阻碍交通警察执勤执法,有下列行为之一的,依据《中华人民共和国人民警察法》、《中华人民共和国治安管理处罚法》等有关法律规定依法处理。

  (一) 公然侮辱正在执行公务的交通警察的;

  (二) 阻碍交通警察调查取证的;

  (三) 阻碍执行紧急任务的警车通行的;

  (四) 有拒绝或者阻碍交通警察执行公务的其他行为的。

  以暴力、威胁方法实施以上行为构成犯罪的,依法追究刑事责任。

第七章附则

  第四十二条 本规范自印发之日起施行。