改革开放以来中国农村土地流转制度的改革与发展

The Reform and Development of China's Circulation System of Agricultural Land Since the Reform and Opening-Up Policy

改革开放以来,以1988年宪法修正为标志,农村土地流转制度经历了从"禁止流转、允许流转到放开流转"和由模糊不清到明确鼓励的过程。农村土地流转从20世纪80年代中后期兴起到现今已经发展了近20年,但它的发展始终不顺畅,农地流转十分滞后。流转权利不充分、流转动力不足、流转机制未形成、流转条件受约束是农地流转缓慢的四大瓶颈。为了突破这四大瓶颈,我们必须坚持"所有权不干预流转权"、创造农地流转条件、健全农村土地流转机制、降低农地流转交易成本、允许通过抵押等进行土地流转。

Sinee reform and opening-up, take the Constitution amendments in 1988 as a hallmark, the rural land transfer system has experieneed a process in which it is banned, allowed to opened up, and the attitude to it also esperieneed from ambiguity to clearly encouraged. Rural land transfer has developed nearly 20 years from the rise in 1980s, but its development is not always smooth. The circulation of agrieultural land is lagging behind. The right to transfer isn＇t enough, the power to transfer isn＇t adequate, the transfer mechanism is not formed, and the conditions for the eireulation of agricultural land is eonstrainted, these are four major bottlenecks of the slow eireulation. In order to break the four bottlenecks, we must keep that ＂ownership of the rural land don＇t intervent the right to transfer＂, creating conditions for the circulation of agricultural land, improving rural land transfer mechanism, reducing transaction cost on circulation of agricultural land, and allowing transferring lands through mortgage.