我国农村集体建设用地流转的发展历程及改革方向

The Development Progress and Innovation Ways of Rural Collective Construction Land Transfer in China

农村土地集体所有制建立以后,我国农村集体建设用地流转经历了长期的演变过程。改革开放以前,由于实行计划经济体制,我国禁止农村集体建设用地流转;但随着改革开放政策的实施以及社会经济的发展,集体建设用地的自发、无序流转逐渐盛行;到20世纪90年代中期以后,我国加强了对农村集体建设用地流转的探索、规范管理,促进了流转有序进行。因此,农村集体建设用地流转的演变与经济发展和制度创新紧密相关。今后,我国农村集体建设用地流转仍需从修改流转立法、明确流转主体、合理分配流转收益以及加强管理监督等方面进行改革,推动其向纵深发展,从而保障农民的土地财产权利。

After collective owning system of rural land was built up in China, transferring of rural collective construction land experienced a long-term evolvement process. Before Reform and Opening up, because of planned economy system, rural collective construction land transfer was absolutely forbidden; but along with the Reform and Opening up and economic development, transfer-by-own and out of order was prevail; after the middle of the 1990s, transfer-exploring and management in order was strengthened and transfer in order was advanced. So, the evolvement of rural collective construction land transfer is close to economic development and system innovation. From now on, many aspects about transfer of rural collective construction land such as modification of transfer law-making, clear-making of transfer main bodies, reasonably-allocation of transfer-benefits and improvement of management of supervision should be reformed, and furthermore pushing the development in deep way, and at last reaching the purpose of guaranteeing the land property rights of peasants.