中国农村土地股份合作制度相关法律问题研究
发布时间:2018-08-02 19:03
【摘要】:中国的土地制度改革大致经历了农业合作社-人民公社-家庭联产承包责任制这三个阶段。随着农业产业结构和客观经济环境的变化,家庭联产承包责任制的缺陷被逐渐暴露出来。作为一种制度创新形式,中国农村土地股份合作制度基于一定的历史原因而出现,恰恰可以在一定程度上弥补原有制度的部分缺陷,有利于实现农村土地规模化经营和发展。但是不容忽视的问题是中国农村土地股份合作制度也存在一些亟待解决的制度性瓶颈,而这些问题如果得不到重视和解决,也会在一定程度上阻碍制度创新推行的速度,最终影响制度创新的效用。目前而言,有关于中国农村土地股份合作制度的立法体系还未形成。作为一种诱致性制度变迁,中国农村土地股份合作制度具有特定的生成动因,且在各地区已存在典型的试点模式,包括广东下柏模式、福建洋埭模式、浙江新风模式、江苏李袁模式等。为了更好的推行中国农村土地股份合作制度,本文探讨了与该制度有关的两个关键问题,其一是有关于农村集体经济组织和农民所折价出资入股的土地价值的评价标准,其二是有关于中国农村土地股份合作制度的绩效评价。结合我国现阶段几个典型的试点模式,通过与其他制度对比得出中国农村土地股份合作制度的缺陷,最终从中期、短期的角度提出了未来改革的方向,以作探讨。
[Abstract]:China's land system reform has experienced three stages: agricultural cooperative-people's commune-household contract responsibility system. With the change of agricultural industrial structure and objective economic environment, the defects of household contract responsibility system are gradually exposed. As a form of institutional innovation, China's rural land share cooperation system appears for certain historical reasons, which can make up for some defects of the original system to a certain extent, and is conducive to the realization of large-scale management and development of rural land. However, the problems that can not be ignored are that there are some institutional bottlenecks to be solved urgently in China's rural land stock cooperative system, and if these problems are not paid attention to and solved, they will also hinder the speed of institutional innovation to a certain extent. Finally, it affects the effectiveness of institutional innovation. At present, there is a system of rural land shares cooperation in China's legislative system has not been formed. As a kind of induced institutional change, China's rural land share cooperation system has a specific cause of formation, and there have been typical pilot models in various regions, including Guangdong Xiabai model, Fujian Yangdai model, Zhejiang new wind model. Li Yuan, Jiangsu, et al. In order to better carry out the rural land share cooperative system in China, this paper discusses two key problems related to this system. One is the evaluation standard of the land value of the rural collective economic organizations and peasants' discount contribution. The second is about the performance evaluation of the rural land share cooperation system in China. Combined with several typical pilot models at the present stage of our country, the defects of China's rural land share cooperation system are obtained by comparing with other systems, and finally, the direction of future reform is put forward from the perspective of medium and short term, so as to discuss.
【学位授予单位】:复旦大学
【学位级别】:硕士
【学位授予年份】:2014
【分类号】:D922.32
本文编号:2160424
[Abstract]:China's land system reform has experienced three stages: agricultural cooperative-people's commune-household contract responsibility system. With the change of agricultural industrial structure and objective economic environment, the defects of household contract responsibility system are gradually exposed. As a form of institutional innovation, China's rural land share cooperation system appears for certain historical reasons, which can make up for some defects of the original system to a certain extent, and is conducive to the realization of large-scale management and development of rural land. However, the problems that can not be ignored are that there are some institutional bottlenecks to be solved urgently in China's rural land stock cooperative system, and if these problems are not paid attention to and solved, they will also hinder the speed of institutional innovation to a certain extent. Finally, it affects the effectiveness of institutional innovation. At present, there is a system of rural land shares cooperation in China's legislative system has not been formed. As a kind of induced institutional change, China's rural land share cooperation system has a specific cause of formation, and there have been typical pilot models in various regions, including Guangdong Xiabai model, Fujian Yangdai model, Zhejiang new wind model. Li Yuan, Jiangsu, et al. In order to better carry out the rural land share cooperative system in China, this paper discusses two key problems related to this system. One is the evaluation standard of the land value of the rural collective economic organizations and peasants' discount contribution. The second is about the performance evaluation of the rural land share cooperation system in China. Combined with several typical pilot models at the present stage of our country, the defects of China's rural land share cooperation system are obtained by comparing with other systems, and finally, the direction of future reform is put forward from the perspective of medium and short term, so as to discuss.
【学位授予单位】:复旦大学
【学位级别】:硕士
【学位授予年份】:2014
【分类号】:D922.32
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