地权共识与规则混乱

The Consensus of Land and Rules in Confusion

从传统农业社会向现代工业社会转型的过程中,土地的价值不断攀升,农民越来越关注农地的权属,地权纠纷日益增多。不同主体援引不同的地权规则主张土地权益,地权规则之间展开激烈竞争。不同规则的竞争中,地权共识有利于化解纠纷。法治社会的应有之意是法律在社会系统中居于统治地位,并具有最高权威。这要求在乡村社会的法律实践中,合同规则成为新的地权共识,是判断土地权属的核心依据。探求新地权共识的可能途径,有赖于实然层面的研究,从而在准确把握各种约束条件的基础上确立合同规则的权威性和有效性。

During the process of the transition from the traditional agricultural society to the modem in- dustrial society, peasants are paying more attention to the ownership of land with the value of land increased, resulting in more land disputes. Different peasants have quoted different rules of land rights which compete vigorously with each other to claim the land rights and interests. The consensus of land is conducive to resolve the disputes. Society with rule of law demands that the law is considered to be in the dominant position in the whole social system and has supreme authority as well. To achieve that goal, contract rules should be the new consensus of land and be the key foundation of the land ownership judgment. The study on the actual level should be carried out to pursue probable routes to form the new consensus of land so as to establish the authori- ty and validity of the contract rules based on the accurate understanding of various restricts.