农村土地财产权制度的完善
发布时间：2018-11-17 14:13
【摘要】：当前在工业化、城镇化快速发展背景下,大量人口和劳动力离开农村到城镇落户,农户不经营承包地的情况越来越多。本文研究重点在于：深入分析农民市民化进程中土地财产权问题的表现及成因,认为农村土地财产权问题产生的根源是我国土地制度与管理体制改革不到位,核心是对农民土地财产权保护方面存在着产权主体不清、经营权能不完善、征地补偿过低等制度缺陷。并进一步研究如何改进和完善农村土地财产制度,争取为农村土地改革和农业现代化提供一个参考的思路。本文除绪论和总结与展望之外,共分为五大部分。第一部分,从历史与国际两个角度审视我国的农村土地财产权制度,首先回顾改革开放以来我国土地财产权制度的历史沿革,而后分析国际上发达国家土地财产权制度变革,成功和失败的案例对我国的启示,以便把握进一步改革完善我国农村土地制度的方向。第二部分,明确各项土地财产权具体内涵。对农村土地所有权、农地承包权、农地经营权、宅基地使用权、农村集体建设用地使用权、农地经营权抵押权、土地征收补偿权、集体收益分配权,分别作出析义。第三部分,通过对中国农村土地产权问题的表现、成因分析,从而指出制约中国特色农地产权制度、农地流转制度和农地征地制度的不足,以及农业现代化所面临的制度障碍；分析武汉市江夏区农村土地财产权缺失的现状。第四部分,对如何改进农村土地财产权制度提出对策,为深化土地改革提供思路。第五部分,提出完善农村土地财产权制度的建议,明晰农村土地财产权主体,“三权分离”放活土地经营权,赋予新型农业主体经营权,保护农民经营权流转,土地股份合作让农民“持股进城”,完善土地财产权立法保护,探索土地财产权的有效实现形式,为完善土地改革提出相关政策建议。
[Abstract]:At present, under the background of rapid development of industrialization and urbanization, a large number of people and labor force leave the countryside to settle down in cities and towns, and more farmers do not manage contracted land. This paper focuses on: deeply analyzing the expression and causes of the problem of land property rights in the process of peasants' urbanization, and considering that the root of the problem is that the reform of land system and management system in our country is not in place. The core is that there are some defects in the protection of farmers' land property rights, such as unclear subject of property rights, imperfect management rights and low compensation for land requisition. And further study how to improve and perfect the system of rural land property, and strive to provide a reference for the rural land reform and agricultural modernization. In addition to the introduction and summary and outlook, this paper is divided into five parts. The first part, from the historical and international perspectives, examines the system of rural land property rights in China. First, it reviews the historical evolution of the system of land property rights in China since the reform and opening up, and then analyzes the changes in the system of land property rights in developed countries. In order to grasp the direction of further reform and perfection of our country's rural land system, the successful and failed cases can enlighten our country. The second part, clarify the specific connotation of land property rights. To the rural land ownership, the farmland contract right, the farmland management right, the house land use right, the countryside collective construction land use right, the farmland management right mortgage, the land expropriation compensation right, the collective income distribution right, makes the justice separately. The third part, through the performance of the Chinese rural land property rights, causes analysis, thus pointing out the constraints of the system of farmland property rights with Chinese characteristics, farmland transfer system and farmland expropriation system, as well as the system of agricultural modernization faced by the obstacles; This paper analyzes the present situation of the lack of rural land property right in Jiangxia District of Wuhan City. The fourth part, how to improve the system of rural land property rights, to provide ideas for deepening land reform. In the fifth part, some suggestions are put forward to perfect the system of rural land property right, to clarify the main body of rural land property right, to activate the land management right by "separation of three rights", to endow the new type of agricultural subject with management right, and to protect the circulation of farmers' management right. The cooperation of land shares enables farmers to "hold shares in cities", perfect the legislative protection of land property rights, explore the effective realization forms of land property rights, and put forward relevant policy suggestions for the perfection of land reform.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.32
，
本文编号：2338082
[Abstract]:At present, under the background of rapid development of industrialization and urbanization, a large number of people and labor force leave the countryside to settle down in cities and towns, and more farmers do not manage contracted land. This paper focuses on: deeply analyzing the expression and causes of the problem of land property rights in the process of peasants' urbanization, and considering that the root of the problem is that the reform of land system and management system in our country is not in place. The core is that there are some defects in the protection of farmers' land property rights, such as unclear subject of property rights, imperfect management rights and low compensation for land requisition. And further study how to improve and perfect the system of rural land property, and strive to provide a reference for the rural land reform and agricultural modernization. In addition to the introduction and summary and outlook, this paper is divided into five parts. The first part, from the historical and international perspectives, examines the system of rural land property rights in China. First, it reviews the historical evolution of the system of land property rights in China since the reform and opening up, and then analyzes the changes in the system of land property rights in developed countries. In order to grasp the direction of further reform and perfection of our country's rural land system, the successful and failed cases can enlighten our country. The second part, clarify the specific connotation of land property rights. To the rural land ownership, the farmland contract right, the farmland management right, the house land use right, the countryside collective construction land use right, the farmland management right mortgage, the land expropriation compensation right, the collective income distribution right, makes the justice separately. The third part, through the performance of the Chinese rural land property rights, causes analysis, thus pointing out the constraints of the system of farmland property rights with Chinese characteristics, farmland transfer system and farmland expropriation system, as well as the system of agricultural modernization faced by the obstacles; This paper analyzes the present situation of the lack of rural land property right in Jiangxia District of Wuhan City. The fourth part, how to improve the system of rural land property rights, to provide ideas for deepening land reform. In the fifth part, some suggestions are put forward to perfect the system of rural land property right, to clarify the main body of rural land property right, to activate the land management right by "separation of three rights", to endow the new type of agricultural subject with management right, and to protect the circulation of farmers' management right. The cooperation of land shares enables farmers to "hold shares in cities", perfect the legislative protection of land property rights, explore the effective realization forms of land property rights, and put forward relevant policy suggestions for the perfection of land reform.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.32
，
本文编号：2338082
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