论中国农村土地集体所有权制度改革

Inquire into the Improvement of Collective Ownership System of Rural Land in China

中国农村土地法律制度改革问题是目前经济法学界争论的一个热点、难点问题,学者们提出了多种改革思路,有集体化、私有化、国有化改造等。中国农村土地集体所有制的存在符合公平原则但不符合效率原则,私有化改造弊端较多,并非中国农村土地法律制度的最佳选择。土地国有、农民永久承包经营的土地制度在保留土地公有制的前提下,避免了集体化改造和私有化改造的各种弊端,是各种改革方案中的最佳选择。

Reform on the legal system of rural land has been the focus of discussion and a big challenge to experts in the field of economic law. Schdars have brought up many proposals, including transformations through collectivization, privatization and nationalization. Among all these ideas, rural land collective ownership system accord with the principle of jusflee, but not efficiency; privafization which will bring about various problems has also been proved not to be the optimal legal system of rural land for our country. Compared with above mentioned, the land system that confirms state ownership while transfers the contract and management right to farmers permanently on the premise of maintaining the land public ownership, will avoid problems caused by collectivization or privatization, and thus presents as the best scheme.