规模经营形式下的农民权益保护——以农民与村委会的关系为切入点

Protecting Farmers' Interests and Rights within the Form of Scale Management——Taking the Relation between the Farmers and the Committee of the Village as the Breakthrough Point

在土地由分散经营转为规模经营的过程中,农民的权益最有可能遭到侵害。不管隐形或幕后的侵权源头是何方主体,最有可能对农民权益的直接侵害人是农村土地发包方的机关——村委会。文章认为,在土地规模经营的进程中,村委会在利益的驱使下出现异化,成为三重代理人,扮演"圈地运动"先锋的角色。通过对土地规模经营的认真反思,文章认为,明确农民在土地规模经营过程中的选择权和主导权,分析村委会与村民之间的权利义务关系,并在村委会侵权的现实情形下,明确村民的权利救济途径对于农民权益的保护具有重要的理论和现实意义。

In the transformation progress from disperse management to scale management of farmland, farmers＇ interests and rights are most likely to be violated. Whoever the invisible or behind-the-scenes subject of the original infringement is, the most possible direct infringer to the interests and rights of the farmers is the mean institution of the party awarding the contract of the land which is the Committee of the Village. The author considers that under the circumstances of scale management of land, the Committee of the Village driven by the interests may be dissimilated and become the triplex agent, playing the role as the pioneer of ＂The Enclusure Movement＂. By earnest rethinking of the scale management of land, this article believes that there is a fundamental theory effect on protecting the interests and rights of the farmers by specifying the rights of electing and leading of the scale management of farmland as well as analyzing the relation of the rights and obligations between the villagers and the Committee of the Village. At the same time, under the current circumstances of infringement of the Committee of the Village, there is a practical significance to protecting farmers＇ basic rights by clearing the redress approaches of the rights of the villagers.