承包地调整的制度逻辑与解释适用

The System Logic and Explanation and Application of Contractual Land Adjustment

承包地调整包括单方调整和自主调整,适用不同的制度和规范设计。承包地能否调整一直存在着理论争议,实践中亦存在困境。承包地调整是改革开放后实行双层经营体制下的制度安排,严格限制承包地调整是立法和实践的基本逻辑。承包地调整应当坚守保持土地承包关系稳定并长久不变的价值底线,并深刻把握其与土地承包关系稳定、长久不变、“三权分置”之间的内在逻辑。应当在坚守价值底线的基础上,结合中央政策文件的精神,灵活运用解释方法得出妥当性结论。

The adjustment of contracted land includes unilateral adjustment and independent adjustment,which applies to different systems and specifications.Whether the contracted land can be adjusted has always been a theoretical controversy,and there are also difficulties in practice.The adjustment of contracted land is an institutional arrangement under the two-tier management system after the reform and opening up.Strictly restricting the adjustment of contracted land is the basic logic of legislation and practice.The adjustment of contracted land should adhere to the bottom line of keeping the stable and long-term land contract relationship,and deeply grasp the internal logic between it and the stable and long-term land contract relationship and"separation of three rights".On the basis of sticking to the bottom line of value and combining with the spirit of the central policy documents,we should flexibly use interpretation methods to draw appropriate conclusions.