三权分置下农地经营权流转中的农户法律认知实证研究——以河北省张北县为例

An Empirical Study on Farmers’ Legal Cognition in the Transfer of Management Rights Under Tripartite Entitlement System of Farmland: Take Zhangbei County, Hebei Province as an Example

为解决三权分置下农地经营权流转纠纷问题,运用问卷调查与实证研究法,以河北张北县为例,对364户农户在土地经营权流转前、中、后期3个阶段的法律认知进行实证研究。调查结果显示,在土地流转的行为发生前,农户对土地权利的归属以及农地流转政策存在认知盲区;流转中农户维权意识淡薄,合同内容不规范,政府监管不力;流转后农户权利救济的行为方式的选择上以非诉的方式为主。为更好地保护"三权分置"下农地经营权流转中弱势农户的正当权益不受侵犯,农地流转前应加强宣传,培育流转中介组织;流转过程中要规范合同模式,完善流转程序;流转后需健全纠纷解决机制,提升农民维权能力等对策建议。

The paper aims to solve the transfer dispute of management rights under tripartite entitlement system of farmland. Taking Zhangbei County, Hebei Province as an example, this paper used questionnaire survey and empirical research to study the legal cognition of 364 households at the three stages of transfer of farmland management rights. The results showed that before the farmland transfer occurred, there was blind zone in farmers’ cognition on the aspects of farmland ownership and transfer policy. In the process of farmland transfer, the farmers’ consciousness of rights protection was weak, the content of the contract was not standardized, and the government supervision was not enough. After farmland transfer, the behavior mode of farmers’ rights relief was mainly non-litigation. To better protect the legitimate rights and interests of vulnerable farmers in the transfer for management rights under tripartite entitlement system of farmland, this paper puts forward some countermeasures: the propaganda should be strengthened and the intermediary organizations should be cultivated before farmland transfer;the contract contents should be standardized to improve the transfer procedure in the process of transfer;the dispute resolution mechanism should be improved to enhance farmers’ ability to safeguard their rights.