农村集体土地权属之争:问题、成因与司法终局之路径选择

Disputes on Collective Land Ownership in Rural Areas: Problems,Causes and the Path Choice of Judicial Finality

改革开放以来,农村实施的家庭联产承包责任制显示出极大的活力。但相对于耕地的产权承包到户,其它登记在集体名下的土地,因管理不当或使用者的不确定性,日益暴露出权利人缺失或因集体权利淡化而引发的冲突等问题。随着原有维护村庄秩序的传统方式势微,部分村民基于利益驱动不断侵占集体地权。在依法治国的当下,从法律层面上化解集体地权之争难题,要采取多管齐下的手段和方法。其中包括:在对村内土地合理规划的基础上界定集体土地权属,准确定位集体角色并强化村委权利意识,加大对地权纷争案件司法终局裁决力度,破解法规与乡情交织之下的案件执行困局。从农村更为长远的发展来看,维护好集体土地的合法权益,还需要探索创新农村集体权益保护方法,不断落实并完善集体土地权利实现方式。

Since the reform and opening up, the household contract responsibility system implemented in rural areas has shown great vitality. However, compared to the property rights of cultivated land contracted to households , the other land registered in the collective name, due to improper management or uncertainty of users, is increasingly exposed with the problem of lack of rights holders or the conflicts caused by the less awareness of collective rights. With a decline of the traditional way of maintaining order in villages, some villagers driven by interests constantly encroach on collective land ownership. In the present situation of rule of law, we should adopt multiple measures and methods to settle the disputes on collective land rights from the legal level, which include: defining collective land ownership on the basis of reasonable planning of land in villages, accurately positioning the collective role and strengthening the village committee′s awareness of rights, increasing the judicial final ruling on land rights disputes, and resolving the problems in the implementation of cases under the circumstance of the interweaving of laws and regulations and rural conditions. From the perspective of long-term development in rural areas, in order to safeguard the legitimate rights and interests of collective land, we should also explore innovative ways to protect rural collective rights and interests, and constantly implement and improve ways to realize collective land rights.