产权制度对农地流转的影响分析

Analysis of the Influence of Property Right System on Farmland Circulation

农地承包经营权是一种特殊产权,它是借助于签订承包合同、发放承包经营权证等手段在集体的所有权上分设出来的产权束。由于"集体"的含义模糊、层级模糊、性质模糊、成员模糊,导致农地所有权模糊,进而使承包经营权模糊;签订承包合同和发放承包经营权证等工作中的不精细导致证实不符,使土地承包经营权的保障性较差;各种土地产权间边界不清,影响了各项地权的效用和价值。这些因素都对农地流转产生了负面影响。

The contract and management fights of farmland is a special property, in fact is a bunch of property rights separating from the collective ownership with the means of signing a contract about contract and management fights of farmland and granting a credential about contract and management fights of farmland. Just because the definition, hierarchy, character, member of the ＂collective＂ are vague, so the ownership of farmland is vague, and then contract and management fights of farmland are vague. Just because the works of signing a contract about contract and management rights of farmland and granting a credential about contract and management fights of farmland were not done well, so it appeared the phenomenon that certificates does not match the actual situation in reality, and then weakens the protection of contract and management fights of farmland. Just because the boundary of property fights for different land with different use is not clear, so the utility and value of different land fights are both affected. These factors have had negative impact on farmland circulation.