土地确权纠纷成因及解决机制探析

On the causes and settlement mechanism of disputes in confirmation of land rights

随着农村土地确权的推进,由土地确权引发的土地纠纷成为最为棘手的问题之一。从表层看土地确权纠纷是农村土地承包流转过程中不按法律规范操作、土地档案保管制度不完善,以及由于土地确权后巨大经济利益所带来的诱惑而产生的;但深层次的原因是,以"户"为主体的土地承包经营制度已经与人口增减、经济发展、农业科技推广应用等脱节。解决土地确权引发的纠纷只有不断创新土地利用方式,将以"户"为主体的土地利用模式逐步过渡到以"村集体"为主体的土地利用模式;在解决农村土地纠纷、提高村民参与集体管理热情的同时,也要解决村民组织与管理脱节的顽疾。

Although the state has put forward many new regulations to make the rural land contract system keep up with the rapidly changing economy,the present“household-centered”land contract system has failed to adapt to the constantly changing population and the continuously innovated methods of land use.With the nonstandard process of land circulation have occurred many long-standing contradictions.Accompanied by the increased wealth attached to land in the revaluation process of confirmation of land rights have come many land-related local conflicts.Through the analysis of the influence of land disputes on morality and law,the paper has point out that land disputes can not be solved until the present confirmation of land rights is accomplished and the contradictions caused by the rigid demand of homestead are disposed of.In the process of confirmation of land rights many efforts should be devoted to the construction of socialist core values,the popularization of legal knowledge and the establishment of the rule of law.