当前农村土地使用权流转基本法律问题的理论思考

Theoretical Ponderation over Basic Legal Problem on the Turnover of Farmland-Use Right at Present

支持和保护依法自愿、有偿地进行农村土地承包经营流转是我国目前农村土地制度改革的基本途径,其实质在于完善新一轮土地承包经营责任制。结合泉州农村土地使用权流转改革实践,提出了承包经营责任制是农村土地流转制度基础的观点,并讨论了农村土地使用权流转改革的基本理论问题,澄清了一系列模糊认识。

As the basic way of reforming the land system in rural area of our country at present, our government should support and protect the voluntary and paid turnover of contracted management right of farmland in accordance with law, the essence of which lies in perfecting the novel land management system of contracted responsibilities. Combining with the reform practice of the turnover of land-use right in rural area of Quanzhou, the author expresses her view that the system of contracted management responsibilities is the basis of the system of the turnover of farmland; and discusses basic theoretical problem on the turnover of farmland-use right; and clarifies a series of hazy understandings.