农地确权的现实困惑与农地改革的取向

Realistic Puzzlement of Certifying Agricultural Land Right and the Orientation of Agricultural Land Reform

农村集体土地确权登记发证是完善集体土地产权制度的基础。当前正在全国推进的农地确权工作并没有明确农村集体成员资格认定条件;没有明确土地所有权主体的组织形式;没有明确所有权主体和行使主体的关系和运行原则;没有明晰集体与成员的土地产权关系;没有明确集体成员所有权的内容,不能从根本上革除农地集体所有权"主体虚拟、产权不清、权能残缺、行使机构与行使程序不明确"的弊端。农地确权的基本思路应是:按照"归属清晰、权责明确、保护严格、流转顺畅"的现代产权制度要求,建立适应社会主义市场经济和城乡一体化进程的农地集体所有权制度。

It is the basis to perfect the system of property rights of collective land to register and certify rural collective land right. It is not clear,during the promotion of rural collective land right,of the conditions of rural collective membership,of the organizational form of Land Ownership,of the relationship between ownership subject and executive subject and operational principles, of connection between collective and individual land property rights. As a result,the vagueness of collective ownership of agricultural land,power,exercise agency and exercise procedures cannot be fundamentally eliminated. The basic idea of rural collective land right is supposed to be: according to modern property rights system requirements of'clear ownership, clear rights and responsibilities,strict protection,smooth transition',farmland collective ownership system adjusted to socialist market economy and urban and rural integration process. It consists of at least 3 aspects: First,clearing the collective members before confirming the right and that the land property ownership belongs to collective member; second,defining property rights,the relation between the member collective and collective members,and practice by shares; third,clearing the Organizational Form of the Ownership of Farmland Ownership and establishing new collective economic organizations like land shares cooperatives.