农村土地承包经营权流转的利益平衡机制研究——以农地承包经营权的转让、转包或农地的租赁为视角

Study on the Interest Balancing Mechanism during the Transference of the Contract Management Right of Rural Land——From the Perspective of the Transference and Subcontract of the Contract Management Right of Rural Land and the Leasing of Agricultural Land

在农村土地承包经营权的流转中,为了平衡农民的生存利益和农地规模经营的经济效益,必须根据社会经济的发展以及农民非农就业的预期稳定性,准确把握农村土地承包经营权流转、农地适度集中的规模和范围以及推行农村土地承包经营权流转、农地适度集中的时机。为此,可以通过发展经济,解决农民的非农就业问题,弱化农地的社会保障功能,为农村土地承包经营权的流转和农地的适度规模经营创造条件;为了平衡国家的粮食安全利益和流入方的经济利益,必须严格管制农村土地承包经营权流转中的耕地用途。在农村土地承包经营权的流转中,还应该平衡兼顾农村土地所有者和农村土地承包经营权流入方的利益。

The Scale and the scope of the transference of the contract management right of rural land and the moderate concentration of farmland should be accurately measured,and the opportunity of promoting the assignment of the contract management right of rural land should be timely grasped according to both the development of social economy and the expected stability and predictability of non-agricultural employment of peasants in order to keep balance between peasants＇ survival interest and the scale operation of farmland in the transference of the contract management right of rural land.The government should solve problems in peasants＇ non-agricultural employment to weaken farmland＇s function of social security by developing economy so as to create conditions for the transference of the contract management right of rural land and the moderate concentration of farmland.Meanwhile,the government should also place a strict control on the usages of agricultural land in the assignment of the contract management right of rural land in order to keep the balance between the food security of the country and the economic interest of the peasants to whom the contract management right has been transferred.Both the interest of owners of the rural land and the interest of the contract management right holders should be balanced as well in the transference of the contract management right of rural land.