土地集约化经营中的农民地权问题
发布时间：2018-10-26 10:33
【摘要】：在当今社会生产力发展水平下，农地的集约化经营较之土地分散型、粗放型经营，具有先天的规模优势，且效益更高，也更节约劳动力资源，是农业生产不可逆转的趋势。大势所趋下，各地农地集约化的发展程度虽不尽相同，但通过集约化经营发展农业生产的出发点却是不约而同。集约化经营的多种形态显现了现有农地地制度下，向土地集约化经营的演进并不会是一帆风顺。我国现行农地制度是一种建立在集体土地所有制基础上的，经强化的农户承包经营权制度，及农村家庭联产承包责任制。农户在行使农地承包经营权时，对农地的集约化经营是促进抑或阻碍，直接影响着土地集约化经营的推广。以此为着眼点，作者通过分析土地集约化经营的现实性，以及从农地制度的沿革入手，解剖家庭联产承包责任制的特征与缺陷，从而对当下农地集约化经营与农民地权的碰撞透过现象分析本质。并尝试以法学分析的方法对农地制度的改革提出一些完善与改进的建言。本文共四个部分，第一个部分是问题的提出，通过实例引出问题与矛盾；第二个部分是当代农村土地制度与农民地权变迁，主要阐述了现行农地制度的由来，当代农地制度的发展历史以及农地制度变迁的深层次原因，以期在本文后面的内容里对集约化制度下农民地权问题的本质进行剖析；第三个部分是现实中农业集约化生产与农民地权的碰撞，对当下集约化生产的现实性、历史必然性进行分析，并列举各地出现的农地集约化耕种经营的形态，从而引出现行农地制度的局限性、农村家庭联产承包责任制下农民地权与农业集约化生产的矛盾，，尝试分析矛盾产生的根源；第四部分是化解集约化生产与农民地权矛盾的建言，这是本文的最后一部分，针对农地制度更好地适应农业集约化生产这个命题，提出解决矛盾的构想与完善制度的思路，就目前主流的多种其他解决方案进行分析与比较，本文得出的结论是，完善法律与法规政策，用土地入股的方式解决将农民的承包经营权与土地所有权分离、土地使用权主体虚化的制度缺陷，从根本上解决农业集约化生产与农民地权的矛盾，使农业生产关系更加适应农业生产力的发展。
[Abstract]:Under the development level of social productive forces, the intensive management of agricultural land is an irreversible trend of agricultural production because of its inherent advantages of scale, higher efficiency and more saving of labor resources, compared with decentralized and extensive management of land. Under the trend of the times, the degree of agricultural land intensive development is different, but the starting point of developing agricultural production through intensive management is the same. The diversified forms of intensive management show that under the existing farmland system, the evolution to intensive land management will not be smooth. The present agricultural land system in China is based on collective land ownership and is a strengthened system of peasant household contract management right and rural household contract responsibility system. When farmers exercise the right of contracted management of farmland, the intensive management of agricultural land is to promote or hinder, which directly affects the promotion of intensive management of land. From this point of view, the author analyzes the reality of intensive land management and analyzes the characteristics and defects of the household contract responsibility system by analyzing the evolution of the agricultural land system. Therefore, it analyzes the essence of the collision between agricultural land intensive management and farmers' land rights. The author also tries to put forward some suggestions on the reform of farmland system by the method of legal analysis. There are four parts in this paper, the first part is the question of the proposed, through an example to lead to problems and contradictions; The second part is the contemporary rural land system and the change of farmers' land rights, mainly elaborated the origin of the current agricultural land system, the development history of the contemporary agricultural land system and the deep-seated reasons of the rural land system vicissitude. In order to analyze the essence of farmers' land rights under the intensive system in the later part of this paper; The third part is the collision between agricultural intensive production and farmers' land rights in reality. It analyzes the reality and historical inevitability of intensive agricultural production, and enumerates the forms of intensive farming and management in various places. So it leads to the limitation of the current agricultural land system, the contradiction between farmers' land rights and agricultural intensive production under the rural household contract responsibility system, and tries to analyze the root causes of the contradictions. The fourth part is to resolve the contradiction between intensive production and farmers' land rights. This is the last part of this paper. In view of the proposition that agricultural land system can better adapt to agricultural intensive production, the author puts forward the idea of solving the contradiction and perfecting the system. Through the analysis and comparison of many other mainstream solutions at present, this paper draws the conclusion that we should perfect the laws and regulations and solve the problem of separating the farmers' contractual management rights from the land ownership rights by means of land ownership. The deficiency of the system of the subject of land use right fundamentally resolves the contradiction between agricultural intensive production and farmers' land rights and makes the agricultural production relations more suitable for the development of agricultural productive forces.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.32;D923.2
本文编号：2295432
[Abstract]:Under the development level of social productive forces, the intensive management of agricultural land is an irreversible trend of agricultural production because of its inherent advantages of scale, higher efficiency and more saving of labor resources, compared with decentralized and extensive management of land. Under the trend of the times, the degree of agricultural land intensive development is different, but the starting point of developing agricultural production through intensive management is the same. The diversified forms of intensive management show that under the existing farmland system, the evolution to intensive land management will not be smooth. The present agricultural land system in China is based on collective land ownership and is a strengthened system of peasant household contract management right and rural household contract responsibility system. When farmers exercise the right of contracted management of farmland, the intensive management of agricultural land is to promote or hinder, which directly affects the promotion of intensive management of land. From this point of view, the author analyzes the reality of intensive land management and analyzes the characteristics and defects of the household contract responsibility system by analyzing the evolution of the agricultural land system. Therefore, it analyzes the essence of the collision between agricultural land intensive management and farmers' land rights. The author also tries to put forward some suggestions on the reform of farmland system by the method of legal analysis. There are four parts in this paper, the first part is the question of the proposed, through an example to lead to problems and contradictions; The second part is the contemporary rural land system and the change of farmers' land rights, mainly elaborated the origin of the current agricultural land system, the development history of the contemporary agricultural land system and the deep-seated reasons of the rural land system vicissitude. In order to analyze the essence of farmers' land rights under the intensive system in the later part of this paper; The third part is the collision between agricultural intensive production and farmers' land rights in reality. It analyzes the reality and historical inevitability of intensive agricultural production, and enumerates the forms of intensive farming and management in various places. So it leads to the limitation of the current agricultural land system, the contradiction between farmers' land rights and agricultural intensive production under the rural household contract responsibility system, and tries to analyze the root causes of the contradictions. The fourth part is to resolve the contradiction between intensive production and farmers' land rights. This is the last part of this paper. In view of the proposition that agricultural land system can better adapt to agricultural intensive production, the author puts forward the idea of solving the contradiction and perfecting the system. Through the analysis and comparison of many other mainstream solutions at present, this paper draws the conclusion that we should perfect the laws and regulations and solve the problem of separating the farmers' contractual management rights from the land ownership rights by means of land ownership. The deficiency of the system of the subject of land use right fundamentally resolves the contradiction between agricultural intensive production and farmers' land rights and makes the agricultural production relations more suitable for the development of agricultural productive forces.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.32;D923.2
【参考文献】
相关期刊论文 前1条
1 师锋;;论农村土地纠纷的现状、成因及对策[J];法制与社会;2007年01期
本文编号：2295432
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