东方市土地承包经营权确权登记调查报告
发布时间：2018-08-28 19:05
【摘要】：东方市作为全国土地承包经营权确权、登记的试点地区之一,其外业测量与内业登记任务已经接近预期目标。一方面来说,不动产统一登记在全国展开,东方市作为一个典型的先驱实证案例值得被重视和研究;另一方面来说,土地承包经营权确权、登记工作的开展和完善关系着土地的合理流转,对保护农民合法权益有着重要意义,也是稳定土地产权的必然结果。在农村土地承包经营权确权、登记工作的进行中,东方市既有自已成功的经验,也有很多的不足,而不管是经验还是不足,其对于土地承包经营权确权、登记工作的进一步部署均有积极意义。基于以上的认识,本文主要以在东方市的具体调查研究为基础,结合大量的新闻资料,文献数据,总结了东方市土地承包经营权确权、登记工作的进展以及个中不足,并且列举了一些典型的问题,最后着眼于东方土地承包经营权登记的经验对于全国的借鉴作用上来。本文结构如下:第一部分,调研报告论述了东方市土地承包经营权确权登记调研总体情况,介绍了调研的背景和目的,也介绍了调研对象和调研的意义。提出东方市土地承包经营权确权、登记工作为不动产统一登记制度建立后农村土地登记提供了可行性、可复制性的经验措施,对其他地方的土地确权、登记与流转也具有借鉴作用。第二部分将结合调查问卷的问题和座谈内容详细介绍了东方市土地承包经营权的保障措施、登记现状和确权原则,还介绍了东方市较为典型的土地纠纷和纠纷解决的办法,该部分主要是实证分析,以及对调查数据资料进行展开论述。在典型纠纷部分,主要介绍了场社问题和开荒地问题;在纠纷的解决中,主要从行政途径、诉讼途径和仲裁途径进行阐明。最后还简单提到了农户对东方市土地承包经营权确权、登记工作的意见和建议。第三部分分析东方市土地承包经营权确权、登记中的经验和不足。在经验部分强调了基层组织的作用、主观能动性的发挥以及资金和制度保障的重要性;在不足部分则将第二部分的调研结果进行细化总结。对应第三部分,主要提到了场社关系复杂、开荒地确权困难、确权机关混乱、忽视确权公平以及仲裁制度闲置等较为棘手的问题。第四部分将东方市的问题和经验上升到对全国的同类土地确权、登记的借鉴作用与意义的高度,与第三部分对应提出了今后工作的改进的方向,例如在基层强化农户权属意识,在确权的过程中兼顾公平和效率以及在制度上完善调解制度和仲裁机制等等。最后又讲土地承包经营权确权、登记与不动产统一登记相接轨,梳理出一些经验也提出了一些改进的建议。
[Abstract]:Dongfang City, as one of the pilot areas of land contract management right and registration in China, is close to the expected target. On the one hand, the unified registration of real estate is carried out throughout the country. Dongfang City, as a typical pilot case, deserves attention and research. On the other hand, the right to contract management of land is confirmed. The development and perfection of registration work is related to the rational circulation of land, which is of great significance to the protection of farmers' legitimate rights and interests, and is also the inevitable result of stabilizing land property rights. In the process of rural land contract management right confirmation and registration, Dongfang City has both its own successful experience and many shortcomings, and whether it is experienced or not, it has the right to confirm the right to land contract management right. The further deployment of registration is of positive significance. Based on the above understanding, this paper mainly based on the specific investigation and research in Dongfang City, combined with a large number of news materials and literature data, summed up the right to confirm the right to contract management of land in Dongfang City, the progress of the registration work and its shortcomings. And enumerates some typical questions, finally focuses on the oriental land contract management right registration experience for the national reference. The structure of this paper is as follows: in the first part, the research report discusses the general situation of the registration and investigation of the confirmed right of land contract management in Dongfang city, introduces the background and purpose of the investigation, and also introduces the object of investigation and the significance of the investigation. It is put forward that the right to contract management of land in Dongfang City is confirmed, and the registration provides a feasible and replicable empirical measure for the registration of rural land after the establishment of the unified registration system of immovable property, and confirms the right to land in other places. Registration and circulation also have a reference role. The second part will introduce in detail the safeguard measures, the registration status and the principle of confirming the right of land contract management in Dongfang city, and also introduce the typical land disputes and the methods of resolving disputes in Dongfang city according to the questions and discussion contents of the questionnaire. This part is mainly empirical analysis, as well as the data of the survey are discussed. In the part of typical disputes, the paper mainly introduces the problems of field and community and the problem of opening up wasteland; in the settlement of disputes, it mainly expounds from the administrative way, litigation way and arbitration way. In the end, the author briefly mentions the opinions and suggestions of farmers on the right of land contract management and registration in Dongfang City. The third part analyzes the right of land contract management in Dongfang city, the experience and deficiency in registration. In the part of experience, the role of grass-roots organizations, the role of subjective initiative and the importance of financial and institutional support are emphasized. In the insufficient part, the results of the second part are detailed and summarized. Corresponding to the third part, it mainly mentions the complicated relations between the field and the society, the difficulty of establishing the right of the wasteland, the confusion of the authority, the neglect of the fairness of the right of confirmation and the idle of the arbitration system, and so on. In the fourth part, the problems and experiences of Dongfang City are raised to the height of the reference function and significance of the same kind of land right and registration in the whole country, and corresponding to the third part, the improvement direction of the future work is put forward, such as strengthening the peasant household ownership consciousness at the grass-roots level. Fairness and efficiency should be taken into account in the process of confirming the right, and mediation system and arbitration mechanism should be improved. Finally, the right of land contract management is confirmed, the registration is in line with the unified registration of real estate, and some suggestions for improvement are put forward.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F321.1
本文编号：2210324
[Abstract]:Dongfang City, as one of the pilot areas of land contract management right and registration in China, is close to the expected target. On the one hand, the unified registration of real estate is carried out throughout the country. Dongfang City, as a typical pilot case, deserves attention and research. On the other hand, the right to contract management of land is confirmed. The development and perfection of registration work is related to the rational circulation of land, which is of great significance to the protection of farmers' legitimate rights and interests, and is also the inevitable result of stabilizing land property rights. In the process of rural land contract management right confirmation and registration, Dongfang City has both its own successful experience and many shortcomings, and whether it is experienced or not, it has the right to confirm the right to land contract management right. The further deployment of registration is of positive significance. Based on the above understanding, this paper mainly based on the specific investigation and research in Dongfang City, combined with a large number of news materials and literature data, summed up the right to confirm the right to contract management of land in Dongfang City, the progress of the registration work and its shortcomings. And enumerates some typical questions, finally focuses on the oriental land contract management right registration experience for the national reference. The structure of this paper is as follows: in the first part, the research report discusses the general situation of the registration and investigation of the confirmed right of land contract management in Dongfang city, introduces the background and purpose of the investigation, and also introduces the object of investigation and the significance of the investigation. It is put forward that the right to contract management of land in Dongfang City is confirmed, and the registration provides a feasible and replicable empirical measure for the registration of rural land after the establishment of the unified registration system of immovable property, and confirms the right to land in other places. Registration and circulation also have a reference role. The second part will introduce in detail the safeguard measures, the registration status and the principle of confirming the right of land contract management in Dongfang city, and also introduce the typical land disputes and the methods of resolving disputes in Dongfang city according to the questions and discussion contents of the questionnaire. This part is mainly empirical analysis, as well as the data of the survey are discussed. In the part of typical disputes, the paper mainly introduces the problems of field and community and the problem of opening up wasteland; in the settlement of disputes, it mainly expounds from the administrative way, litigation way and arbitration way. In the end, the author briefly mentions the opinions and suggestions of farmers on the right of land contract management and registration in Dongfang City. The third part analyzes the right of land contract management in Dongfang city, the experience and deficiency in registration. In the part of experience, the role of grass-roots organizations, the role of subjective initiative and the importance of financial and institutional support are emphasized. In the insufficient part, the results of the second part are detailed and summarized. Corresponding to the third part, it mainly mentions the complicated relations between the field and the society, the difficulty of establishing the right of the wasteland, the confusion of the authority, the neglect of the fairness of the right of confirmation and the idle of the arbitration system, and so on. In the fourth part, the problems and experiences of Dongfang City are raised to the height of the reference function and significance of the same kind of land right and registration in the whole country, and corresponding to the third part, the improvement direction of the future work is put forward, such as strengthening the peasant household ownership consciousness at the grass-roots level. Fairness and efficiency should be taken into account in the process of confirming the right, and mediation system and arbitration mechanism should be improved. Finally, the right of land contract management is confirmed, the registration is in line with the unified registration of real estate, and some suggestions for improvement are put forward.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F321.1
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