改革开放以来农地承包权制度演化历程与规律研究

Sturdy on Evolution of Land Contract Right System in the Past 40 Years of Reform and Opening up:Course,Characteristics and Trend

回顾改革开放以来农地承包权制度演化历程,检讨农地承包权制度演化规律,对推动城乡一体化发展、落实农地＂三权分置＂具有重大理论和实践意义。改革开放以来,农地承包权制度的演化主要经历了萌发、形成、稳定化、明晰化与制度延伸、全面深化五个发展阶段。在农地承包权制度演化过程中,形成了历史与逻辑相统一、规律性与目的性相统一、诱致性与强制性相统一、当代中国的特殊性与市场经济一般性相统一、以农民权益为中心与国家利益实现相统一的五大规律。

It is of great theoretical and practical significance to review the evolution process of the land contract right system in the 40 years of reform and opening up,to sum up its evolutional features and to judge its evolution trend.It is of great theoretical and practical significance to promote the integration and development of urban and rural areas under the new era of the new era and to implement the＂three rights＂division of rural land.In the 40 years of reform and opening up,the evolution of the land contract right system has undergone five historical stages,such as germination,formation,stability,clarity,system extension and comprehensive deepening.It has five characteristics： unification of history and logic,unity of regularity and purpose,unity of inducement and compulsion,unification of contemporary Chinese particularity and general market economy,and unification of farmers’rights as the center and Realization of national interests.In the historical direction of the new era,the system of land contract right should be directed towards the establishment of the family inheritance system,the system for the full realization of the income of the land contracted management and the evolution of the open system of the entry and exit of the land contract right.We should further straighten out the rights,responsibilities and interests of land contractual rights to enhance institutional flexibility.