论农地权对农民融资的影响
发布时间：2018-11-25 11:27
【摘要】：农地权是农民对农地所享有的各项权利的统称，农地权利内容的不同一直与农村改革、农村经济发展乃至整个中国的发展密切相关。现有的农地权制度已经实行有三十余年，农地权在一定时期内极大促进了农村经济的发展。但是近些年来，严格按照原来的农地权制度控制农地的非农用途和维护农村社会的稳定，，已经逐渐暴露出其缺陷，已经不能适应生产力的进一步增长，农村农民的资金短缺成为农村发展农民致富的主要瓶颈之一。在此背景下，围绕农地权与农民融资问题的实践和理论探讨也逐渐兴盛，作者该篇论文便是着眼于农地权对农民融资的影响而展开，以期对农地权改革以促进农民融资提供较为深入的研究。 作者从我国农地权现状的考察指出现有的农地权制度不能满足农民融资的现实需要；通过我国历史上的农地权制度发展，揭示我国农地权发展的历史走势；通过国外农地权制度的发展规律以及国外利用农地权促进农村农民融资的考察得出农地权发展规律的不分地域的共性的启示，为我国的农地权影响农民融资提供借鉴；通过农地权影响农民融资的公平、自由和秩序价值的分析论证利用农地权促进农民融资是符合法的价值的实现；通过农地权与农民融资供给与需求、成本与效益的分析说明改革农地权促进农民融资符合基本的经济规律。 最后作者指出农地权融资的可行性及实现路径，并指出需要完善的配套措施，对农地权融资可能出现的后果也进行了论证，得出农地权融资不影响政治上的稳定，是农村发展的理性选择之路。 探索农地权融资的实现路径，首先要分清楚农地权是含有集体所有权、农户承包权和经营权等在内的综合性权利，利用农地权融资，进行抵押融资或者作价入股时主要行使的是农地权的经营权，农民在农地权融资的过程中农民对于集体农用地的承包权不会发生改变。其次，为农地权融资设定一定的程序和用途方面的限制，确保农地权的性质不会发生改变和融通来的资金用途符合农地利用目的，同时考虑不同地区的不同情况，弹性适用农地权改革促进农民融资的法律政策。再次，农地权融资必须辅以一系列的配套措施，否则农地权融资将会有形无实，农地权融资配套措施主要有完善农地登记公示制度、建立客观的农地权价值评估机制、公开农地权信息、建立农地权交易市场等。最后，农地权融资要充分考虑其产生的负面效果，有针对性得加以预防；设计良好的农地权融资实现路径，能够将其负面影响降至最低，对于极少数暂时失地农民的救济措施是农地权融资的补充。深化农地权利用，提高农地权利用水平，解决农民资金短缺，是农村地权和金融改革的现实选择，也是经济发展的趋势所在。
[Abstract]:Farmland right is a general term of farmers' rights to farmland. The content of farmland rights is closely related to the rural reform, the development of rural economy and even the development of China as a whole. The existing farmland ownership system has been implemented for more than 30 years, and it has greatly promoted the development of rural economy in a certain period. However, in recent years, strict control of non-agricultural uses of agricultural land and maintenance of social stability in rural areas in accordance with the original system of agricultural land rights have gradually exposed their shortcomings and have been unable to adapt to the further growth of productive forces. The shortage of funds for rural farmers has become one of the main bottlenecks for rural development farmers to become rich. In this context, the practice and theoretical discussion on the issue of farmland ownership and farmers' financing have also flourished. The author of this paper is focusing on the impact of agricultural land rights on farmers' financing. With a view to the reform of rural land rights to promote farmers financing to provide a more in-depth study. The author points out that the present system of farmland right can not meet the practical needs of farmers' financing, and reveals the historical trend of the development of agricultural land right through the development of farmland right system in China's history. Through the investigation of the development law of the foreign farmland right system and the foreign use of the farmland right to promote the rural farmers' financing, the common enlightenment of the development law of the agricultural land right is obtained, which provides the reference for our country's farmland right to influence the farmer's financing. Through the analysis of the value of freedom and order, it is proved that it is the realization of the value in accordance with the law to promote the farmer's financing by using the farmland right. Through the analysis of supply and demand, cost and benefit of rural land right and farmers' financing, it is proved that the reform of farmland right to promote farmers' financing conforms to the basic economic law. Finally, the author points out the feasibility and realization path of farmland right financing, points out that it needs perfect supporting measures, and demonstrates the possible consequences of farmland right financing, and draws the conclusion that farmland right financing does not affect political stability. It is the rational choice of rural development. To explore the way to realize the financing of farmland right, we should distinguish clearly that farmland right is a comprehensive right including collective ownership, peasant household contract right and management right, and make use of farmland right to finance. In the process of financing the agricultural land, the farmer's right to contract the collective agricultural land will not change. Secondly, to set certain procedures and use restrictions for the financing of agricultural land rights, to ensure that the nature of agricultural land rights will not be changed and that the funds used by the funds will conform to the purpose of agricultural land use, taking into account the different conditions in different regions. Flexible application of rural land ownership reform to promote farmers financing legal policy. Thirdly, the financing of agricultural land rights must be supplemented by a series of supporting measures, otherwise, the financing of agricultural land rights will be tangible and unreal. The supporting measures of financing of agricultural land rights mainly include perfecting the public display system of farmland registration and establishing an objective evaluation mechanism for the value of agricultural land rights. Open agricultural land rights information, the establishment of land rights trading market, and so on. Finally, the financing of agricultural land rights should take full account of its negative effect and prevent it. The well-designed path of farmland right financing can reduce its negative impact to the minimum, and the relief measures for a few farmers who have temporarily lost land are complementary to the financing of farmland rights. It is the realistic choice of rural land rights and financial reform to deepen the use of farmland rights, improve the utilization level of agricultural land rights, and solve the shortage of farmers' funds. It is also the trend of economic development.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.2;D922.32
本文编号：2355941
[Abstract]:Farmland right is a general term of farmers' rights to farmland. The content of farmland rights is closely related to the rural reform, the development of rural economy and even the development of China as a whole. The existing farmland ownership system has been implemented for more than 30 years, and it has greatly promoted the development of rural economy in a certain period. However, in recent years, strict control of non-agricultural uses of agricultural land and maintenance of social stability in rural areas in accordance with the original system of agricultural land rights have gradually exposed their shortcomings and have been unable to adapt to the further growth of productive forces. The shortage of funds for rural farmers has become one of the main bottlenecks for rural development farmers to become rich. In this context, the practice and theoretical discussion on the issue of farmland ownership and farmers' financing have also flourished. The author of this paper is focusing on the impact of agricultural land rights on farmers' financing. With a view to the reform of rural land rights to promote farmers financing to provide a more in-depth study. The author points out that the present system of farmland right can not meet the practical needs of farmers' financing, and reveals the historical trend of the development of agricultural land right through the development of farmland right system in China's history. Through the investigation of the development law of the foreign farmland right system and the foreign use of the farmland right to promote the rural farmers' financing, the common enlightenment of the development law of the agricultural land right is obtained, which provides the reference for our country's farmland right to influence the farmer's financing. Through the analysis of the value of freedom and order, it is proved that it is the realization of the value in accordance with the law to promote the farmer's financing by using the farmland right. Through the analysis of supply and demand, cost and benefit of rural land right and farmers' financing, it is proved that the reform of farmland right to promote farmers' financing conforms to the basic economic law. Finally, the author points out the feasibility and realization path of farmland right financing, points out that it needs perfect supporting measures, and demonstrates the possible consequences of farmland right financing, and draws the conclusion that farmland right financing does not affect political stability. It is the rational choice of rural development. To explore the way to realize the financing of farmland right, we should distinguish clearly that farmland right is a comprehensive right including collective ownership, peasant household contract right and management right, and make use of farmland right to finance. In the process of financing the agricultural land, the farmer's right to contract the collective agricultural land will not change. Secondly, to set certain procedures and use restrictions for the financing of agricultural land rights, to ensure that the nature of agricultural land rights will not be changed and that the funds used by the funds will conform to the purpose of agricultural land use, taking into account the different conditions in different regions. Flexible application of rural land ownership reform to promote farmers financing legal policy. Thirdly, the financing of agricultural land rights must be supplemented by a series of supporting measures, otherwise, the financing of agricultural land rights will be tangible and unreal. The supporting measures of financing of agricultural land rights mainly include perfecting the public display system of farmland registration and establishing an objective evaluation mechanism for the value of agricultural land rights. Open agricultural land rights information, the establishment of land rights trading market, and so on. Finally, the financing of agricultural land rights should take full account of its negative effect and prevent it. The well-designed path of farmland right financing can reduce its negative impact to the minimum, and the relief measures for a few farmers who have temporarily lost land are complementary to the financing of farmland rights. It is the realistic choice of rural land rights and financial reform to deepen the use of farmland rights, improve the utilization level of agricultural land rights, and solve the shortage of farmers' funds. It is also the trend of economic development.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.2;D922.32
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本文编号：2355941
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