公平与效率的权衡——论农村土地承包经营制度的完善

BALANCE BETWEEN FAIRNESS AND EFFICIENCY——ON THE PERFECTION OF RURAL SYSTEM OF LAND CONTRACT AND OPERATION

笔者通过对我国农村土地承包经营制度存在的问题的揭示,论证了制度安排的实质就是权利的分配、产权的分配。所以,实现农村土地制度安排的公平与效率也必须从产权分配改革入手,从土地集体所有权的实现形式上解决土地所有权虚置的突出矛盾,从承包经营权的物权性立法上保护农民的利益,从土地规模经营和土地流转上实现农业生产的效率。

Through revealing the problems existing in the rural system of land contract and operation, the author demonstrates that the nature of system arrangement is the allocation of right and property. Therefore, to realize the fairness and efficiency of rural land system management, it is necessary to begin with the reform of property allocation so as to solve the notable contradiction of nominal land ownership through the realization of collective land ownership, to protect farmers＇ interests through the legislation of contractual management fight and to realize the efficiency of agricultural production in land management scale and land circulation.