农地使用制度的永佃权模式选择

Choosing the Right of Lease In Perpetuity Model Among the Farmland-Use Systems

农地上同时负载着国家、集体、农民三重利益,不同主体对于农地利益具有不同的诉求和不同的关注重点。就属性而言,农地立法既具有私法品格也具有公法的性质。因此,在农地制度的设计中,要同时考虑到这三种主体的利益平衡与协调。此外,还必须适应加入WTO之后国外高科技农业对中国农业的挑战。在笔者看来,农地使用制度的稳定需要赋予农地权利人物权性质的权利,永佃权无疑是一种较优的思路。

The triple interests of the state, communities and farmers are loaded on the farmland. Eifferent groups have different requirements and focuses to follow with. As far as the attribute is concerned, the farmland has both the character of private law and has the nature of public law. Therefore, in designing the system of farmland-use, the balance and harmony of the three groups should be regarded. In addition, it should also adapt to the challenges to agriculture in China caused by high technologies after entering into the WTO. In the opinion of the author, the steadiness of the farmland needs endowing with a right characterized as real right; hence, the right of lease in perpetuity is undoubtedly a better train of thought.