论构建和谐社会中的农地权问题

On the Problem of Farm Land Rights in Construction of Harmonious Society

过去在以GDP增长为核心的经济发展模式下,农地转用过程由政府主导、公司开发,农民虽然可以得到补偿,但从长远看,农民难以从土地增值中长期获益,因而会出现GDP增长与农民利益脱节的问题,最终导致少数资本同盟利益与广大农民利益的“拔河”。根据宪法和土地管理法的规定,农村土地所有权属农村集体所有,政府征用农村土地应主要从事公益事业开发。政府转让给开发公司的是土地一定时期的使用权,而不是土地所有权。土地使用权转让前后差价很大,农民不能分享其中任何利益,这是导致利益“拔河”的关键。解决办法之一,是用法律确立和保障农民对土地租金的收益权。

Within a GDP index oriented economic development model presently in China, the expropriating and converting process to other than agricultural use of the farmland, which would be developed by some company, is dominated by local governments. Though the farmers are compensated for rendering their lands, they can＇t benefit much from the increased value thereof constantly perceived in long terms. As a result, the wealth of the farmers is irrelevant to GDP index, thus a tug of war between the minority of capital allies and the majority of farmers would finally arise. According to the Constitution and land regulation law, the title of farmlands belongs to the farmers collectively,and the governmental expropriation objectives must be of public interest. What the local government transfers to a company is merely an exploiting right over a span of time rather than the title of farmlands. A huge gap is resulted between the prices of the land before and after its exploiting right is transferred so as to be conw：rted to an other than agricultural one, where farmers could not get any benefit thereof, and consequently the tug of war registered. One solution thereto is to establish and ensure the farmers＇ collection rights to the rents on the farmland through legal means.