农地调整的正当性思考

Reflections on the Validity of the Adjustment System of Contracting Farmland

土地承包经营的初始公平因户内人口的变化而出现了集体内人均承包地占有不公的矛盾,因此直面现行农村承包地调整制度在现实运行中的缺陷并完善现行制度实有必要。主张对集体内人均承包地占有不公的现象进行调整,首要理由即是基于对农民利益的保护。从宪法的视野对调整集体内人均耕地占有不公现象的正当性进行思考,有助于农村承包地调整制度的进一步完善。

Originally, the system of farmland contracted management stipulated that the contracting tarmland snould be evenly distribtlted to a household according to its population. However, owing to the change of household population and some other subsequent reasons, this initial impartiality state has been broken and has been replaced by the phenomenon of unfair per-capita farmland. To ponder the validity of the adjustment system of contracting farmland is an important prerequisite. The adjustment system of contracting farmland from the aspects of Constitution makes responses to some corresponding opposing opinions.