城镇化进程中农地发展权制度的法律思考

On the Rural Land Development Right System in the Rural Urbanization from the Perspective of Law

中国已进入现代化、工业化和城镇化进程的快速发展阶段,农村土地问题成为困扰其发展的根本问题,其中农地发展权即是问题之一。农地发展权的界定与法律性质的明确关乎农民的财产权利。中国城镇化进程中农地发展权制度存在的农地发展权归属不清、宅基地使用权处理不当及土地征收征用缺乏考量农地发展权保障功能等缺陷。农地发展权制度的创设,应明确农地发展权归属,严格宅基地的使用,强化农地发展权的社会保障功能。

Currently,China has already entered into rapid development, whether in modernization, industrialization or urbanization. However, problems on rural land have become fundamental ones that are nagging rural development. Of all the problems, the right of farmland development seems very prominent and urgent. How to define the farmland development right and its legal nature undoubtedly involves farmers' rights to properties. In the rural urbanization of China functional defects exist in its rural land development right system, such as the unclear ownership of the rural land development right, the improper handling of the homestead right, and farmers' right of rural land development failing to be fully ensured in land expropriation. In designing and establishing the rural land development right system, the ownership of the rural land development right should be clearly defined, the use of homestead be regulated strictly and the social security function which the rural land development right is possessed of be strengthened.