农民土地承包经营权的新法律保障——农村土地征用制度改革探微

New Legal Protection for Management Power Over Farmers' land Contracted——Discussion on Reforming the Requisition of Land In Village

农民的土地承包经营权,既是农民的一种生产资料用益物权,又是国家赋予农民的一种土地使用权,近年来,随着工业的发展和我国城市的扩张,农民的土地承包经营权受到严重侵害,加快农村土地征用制度改革,落实《宪法》(修正案)的新精神,依法保护农民的土地承包经营权,已成为广大农民的心声和法律界的共识,为此,本文就农村土地征用制度改革的必要性、应确立的几个原则及农民土地承包经营权的保障问题进行了一些法律探讨,认为应以保护公民合法私有财产的立宪精神去推进农村土地征用制度改革,使农民真正享有对土地承包经营权的财产权力,在土地征收、征用中依法获得“公正补偿”,从而使失地农民生活得到基本保障。

Farmers＇ management power over land contract is a kind of land utility right with which farmers are endowed by the nation as well as the usufruct of immovable property of the productive materials.During the recent years, with the industrial development and city expuntion in China, the farmers＇ management power over their lands contracted has keen seriously encroached. So it has become the farmers＇ wish and common agreement in the legal world to speed up the reform of the system of making a requisition of land in village, earnestly implement the constitution （amendment） and to protect farmers＇ management power over their lands contract. This thesis makes some lagal discussion on the necessity and several principles that should be established about reforming the system of making a requisition of land and the respect of protection of farmers＇ management power over their lands contracted. The author thinks China should give impetus to the reform of the system of making a requisition of land with the constitution-making efforts of protecting citizens＇ legal private property so as to make farmers actually enjoy the property right of the management power over the lands contracted, To get fair compensation by law in the process of collecting and making a requisition of land and to make farmers who have lost their lands gain basic protection for their life.