论土地承包经营权流转与农地资源的保护

On the Transfer of the Contractual Right of Land and the Protection of Farmland Resources

农地资源不仅包括耕地资源,而且包括农用非耕地资源。土地承包经营权流转的制度设计在关注前者的同时,也不能忽视对后者的保护。无论农村土地承包经营权的流转如何放开搞活,始终要将农地资源的保护放在首位,做到三方面统一。即土地承包经营权流转与保持农地用途相统一,土地承包经营权流转与预防土地撂荒相统一,以及土地承包经营权流转与提高土地使用效率相统一。

Farmland resources include both cultivated land resources and non-cultivated land resources for agricultural use. With regard to designing the system for the transfer of the contractual right of land, attentions are paid to those cultivated land resources. At the same time, however, the protection of non-cultivated land resources cannot be neglected. No matter how the transfer of the contractual right of land is invigorated and given more freedom, the protection of farmland resources should always be put in the first place. In order to achieve that, three consistencies should be put into place, namely, the consistency between the transfer of the contractual right of land and the maintenance of farmland use, the consistency between the transfer of the contractual right of land and the prevention of land abandonment, and the consistency between the transfer of the contractual right of land and the enhancement of land utilization efficiency.