推进农村土地承包权与经营权分离的立法保障研究

RESEARCH ON LEGISLATION TO PROTECT THE SEPARATION OF RURAL LAND CONTRACT RIGHTS FROM MANAGEMENT RIGHTS

通过立法推进承包权主体与经营权主体分离,是生产力、生产关系调整之必需,也是保障农民权益的当务之急,更是法律人急需研究解决的重大课题。贯彻落实中共十八届三中全会精神,推进和实现农村土地承包权与经营权分离,既是中国特色土地制度的再次创新,也是农村生产力进一步发展的必然结果。认为只有做好顶层设计,修改包括宪法修正案、承包法、物权法等在内的相关法律条款,明确农村土地承包主体与经营主体分离后的权利关系,依法保障广大农民的土地权益,才能进一步促进农地的专业化、规模化经营,实现农业现代化。

According to the article,promoting the separation of contract rights of the main body from manage-ment rights by means of legislation is not only of necessity to adjusting the relationship between productivity and production,but also of urgent need to protecting the interests of farmers,which is a major issue to be solved by legal professionals.The paper holds that the implementation of the spirit of the 3rd Plenary Session of 18th CCP and the promotion and implementation of the separation of the rural land contract rights from man-agement rights are once again innovations in the land system with Chinese characteristic are also the inevitable result of further development of rural productivity.Top-level designing should be done and relevant legal provi-sions should be amended including constitutional amendment,contract law,property law and so on.The rela-tionship of rights should be clarified after the separation of the main body of rural land contracting from man-agement and farmers’rights for land should be protected in accordance with the law.Thus,the professional and scale operation of farming land can be further promoted and agricultural modernization can be achieved.