农村土地信托化流转研究
发布时间：2018-11-10 09:08
【摘要】：中国的农业文化贯穿了五千年文明史,“三农”问题始终是中国特色社会主义建设和城乡一体化建设的重要课题,而农村土地历来又是“三农”问题关注的重点。随着我国经济的发展和城镇化的加快,大量农民远离土地投身到工业化建设中,农用土地抛荒、农转非等问题日益严重,家庭联产承包使土地被细碎化,无法集中利用实现规模经营。为了保证农业用地的用途、规模、方式不被改变,实现农村土地承包经营权规范且合理的流转,优化农村土地资源利用的问题迫在眉睫。本文分析我国现行的农村土地流转方式,认为由于我国的土地流转制度并不完善,存在农地流转主体法律界定不明确、农地流转法律规范不到位、农地流转市场机制不完善、农地流转价格确定不规范、农村金融体系不健全等问题,在很大程度上制约了土地的流转。结合西方国家的财产管理理念和国内外的土地流转方式,发现国外会将土地与银行信托业务结合起来,将土地视为可携带资产,创新性地提出了土地信托化的土地流转新理念,这一土地流转方式在国外的发展已经较为成熟,组织形式和运作模式都已成系统,而我国在该领域仍处于起步阶段。为了解决我国现行农地流转模式中出现的问题,优化土地承包经营权流转方式,实现土地资源合理配置,就需要引入土地信托流转的新理念。最后运用法经济学相关理论,分析了实现我国农地信托化流转的必要性和可行性,以及我国为实行农地信托化进行的实践探索。虽然我国在该领域有了一定的实践经验,但相关法律制度不健全、土地信托平台不优、农村社会保障体系不完善等问题影响了土地信托化的深入发展,为了将农地流转方式模式化、社会化,完善我国的农村土地流转方式,我国应积极做好完善法律法规建设、细化农地产权体系内容、建立农地价值评估机构、构建土地信托银行、建立多层次农村社会保障体系等工作,实现我国农村土地承包经营权流转的土地信托化,确保农地合理、规范流转,为农业生产规模化、产业化提供坚实的制度支撑。
[Abstract]:The agricultural culture of China has run through five thousand years of civilization history. The issue of "agriculture, countryside and farmers" has always been an important subject in the construction of socialism with Chinese characteristics and the integration of urban and rural areas, and rural land has always been the focus of attention of the "three rural areas". With the development of our country's economy and the acceleration of urbanization, a large number of farmers throw themselves away from the land and join in the industrialization construction. The problems of abandoned agricultural land and agricultural conversion are becoming more and more serious. Can not concentrate on the realization of scale management. In order to ensure that the use, scale and mode of agricultural land will not be changed, it is urgent to optimize the use of rural land resources in order to realize the standardized and reasonable circulation of rural land contractual management right. Based on the analysis of the current rural land circulation in China, the author thinks that because the land circulation system is not perfect, the legal definition of the main body of agricultural land circulation is not clear, the legal norms of agricultural land circulation are not in place, and the market mechanism of agricultural land circulation is not perfect. The problems of non-standard price determination and imperfect rural financial system restrict the circulation of land to a great extent. Combining the property management idea of the western countries and the land circulation mode at home and abroad, it is found that the foreign countries will combine the land with the banking trust business, regard the land as the portable assets, and creatively put forward the new land transfer concept of the land trust. The development of this land transfer mode in foreign countries has been more mature, the organizational form and operation mode have become systematic, but our country is still in the initial stage in this field. In order to solve the problems in the current agricultural land transfer mode, optimize the transfer mode of land contractual management right, and realize the rational allocation of land resources, it is necessary to introduce the new concept of land trust circulation. Finally, by using the relevant theories of law and economics, this paper analyzes the necessity and feasibility of realizing the transfer of farmland trust in our country, as well as the practical exploration for the implementation of farmland trust in our country. Although our country has some practical experience in this field, the related legal system is not perfect, the land trust platform is not excellent, the rural social security system is not perfect and so on. In order to model, socialize and perfect the mode of rural land circulation in our country, we should improve the construction of laws and regulations, refine the content of farmland property right system, and establish the evaluation organization of farmland value. The construction of land trust bank, the establishment of a multi-level rural social security system, the realization of land trust in the transfer of rural land contractual management right, ensuring the rationality of agricultural land, standardizing the circulation, and so on, for large-scale agricultural production, Industrialization provides solid institutional support.
【学位授予单位】：延安大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1
本文编号：2322005
[Abstract]:The agricultural culture of China has run through five thousand years of civilization history. The issue of "agriculture, countryside and farmers" has always been an important subject in the construction of socialism with Chinese characteristics and the integration of urban and rural areas, and rural land has always been the focus of attention of the "three rural areas". With the development of our country's economy and the acceleration of urbanization, a large number of farmers throw themselves away from the land and join in the industrialization construction. The problems of abandoned agricultural land and agricultural conversion are becoming more and more serious. Can not concentrate on the realization of scale management. In order to ensure that the use, scale and mode of agricultural land will not be changed, it is urgent to optimize the use of rural land resources in order to realize the standardized and reasonable circulation of rural land contractual management right. Based on the analysis of the current rural land circulation in China, the author thinks that because the land circulation system is not perfect, the legal definition of the main body of agricultural land circulation is not clear, the legal norms of agricultural land circulation are not in place, and the market mechanism of agricultural land circulation is not perfect. The problems of non-standard price determination and imperfect rural financial system restrict the circulation of land to a great extent. Combining the property management idea of the western countries and the land circulation mode at home and abroad, it is found that the foreign countries will combine the land with the banking trust business, regard the land as the portable assets, and creatively put forward the new land transfer concept of the land trust. The development of this land transfer mode in foreign countries has been more mature, the organizational form and operation mode have become systematic, but our country is still in the initial stage in this field. In order to solve the problems in the current agricultural land transfer mode, optimize the transfer mode of land contractual management right, and realize the rational allocation of land resources, it is necessary to introduce the new concept of land trust circulation. Finally, by using the relevant theories of law and economics, this paper analyzes the necessity and feasibility of realizing the transfer of farmland trust in our country, as well as the practical exploration for the implementation of farmland trust in our country. Although our country has some practical experience in this field, the related legal system is not perfect, the land trust platform is not excellent, the rural social security system is not perfect and so on. In order to model, socialize and perfect the mode of rural land circulation in our country, we should improve the construction of laws and regulations, refine the content of farmland property right system, and establish the evaluation organization of farmland value. The construction of land trust bank, the establishment of a multi-level rural social security system, the realization of land trust in the transfer of rural land contractual management right, ensuring the rationality of agricultural land, standardizing the circulation, and so on, for large-scale agricultural production, Industrialization provides solid institutional support.
【学位授予单位】：延安大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F321.1
【参考文献】
相关期刊论文 前2条
1 董文可;;基于“刘易斯拐点”的农村土地流转制度创新[J];安徽农业科学;2010年31期
2 杨守玉;王厚俊;;“三农”视角下的土地流转制度创新[J];农业经济问题;2009年02期
相关博士学位论文 前1条
1 庞亮;我国农村土地信托流转机制研究[D];东北农业大学;2013年
，本文编号：2322005
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