农村土地经营权流转中农民权益流失风险及防范研究

发布时间：2019-02-23 11:16

【摘要】：农民作为农地的使用者,土地经营权是法律赋予农民的一项合法财产权,土地经营权的流转有利于农村土地资源的合理配置,实现适度的规模化经营,还有利于吸纳农村外部资金,促使农村剩余劳动力向第二、三产业的转移。但目前我国土地经营权主体地位含糊不清、市场机制不健全、地方政府或村集体自身定位不当等各种制度性与非制度性风险因素的出现,使土地经营权流转过程中农民的利益分配失衡,多种权利无法被合理保障,导致农民的权益在土地流转中存在着多种流失的风险,本应成为当代文明享用者的农民渐渐沦为其牺牲者。正因为这些风险因素的存在,不仅严重挫伤了农民流转土地的积极性,影响了农村土地的正常流转,还会直接阻碍农村经济的快速发展。因此,探寻农地流转中农民权益流失风险,并对症下药地制定风险防范措施,对保护农民合法权益、加速农村土地流转和经济增长、推动我国社会和谐发展都具有重要的现实意义。本文在文献回顾的基础上,对农地流转、农地流转中农民权益流失风险等相关概念进行了界定;同时对产权理论、风险理论、博弈理论等进行了诠释。然后,分别从自主权益流失、收益权流失、保障权益流失和司法诉讼权益流失等多个方面来阐释农地流转中农民权益存在的流失风险,并通过对农地流转中法律制度、市场机制等非参与主体和政府、村集体、农业大户、农民等参与主体的分析,追溯造成农民权益流失风险的原因。同时构建博弈模型,较为清晰地呈现农地流转中政府、村集体、农业大户和农民等多方主体之间利益博弈和农民权益流失的过程。由于影响农民权益流失风险的致险因素众多,为更好地制定出行之有效的防范措施,建立层次分析模型并对致险因素的影响度进行分析并综合排序。最后根据以上分析,分别从完善相关法律制度、重塑政府职能、健全土地流转市场、提高农民法律意识等方面提出了防止农民权益流失的风险防范措施。
[Abstract]:As the users of agricultural land, the land management right is a legal property right given by law to farmers. The circulation of land management right is conducive to the rational allocation of rural land resources and the realization of moderate scale operation. It is also conducive to absorbing rural external funds and promoting the transfer of rural surplus labor to the second and third industries. However, at present, there are various institutional and non-institutional risk factors, such as ambiguous status of land management right, imperfect market mechanism, improper positioning of local governments or village collectives, etc. In the process of circulation of land management right, the interests of farmers are out of balance, and many kinds of rights can not be guaranteed reasonably, which leads to the risk of various losses of farmers' rights and interests in the circulation of land. The peasants, who should have been the enjoyment of contemporary civilization, were gradually becoming victims. The existence of these risk factors not only seriously dampened the enthusiasm of farmers to transfer land, affected the normal circulation of rural land, but also directly hindered the rapid development of rural economy. Therefore, to explore the risk of the loss of farmers' rights and interests in the agricultural land circulation, and to formulate preventive measures to protect the legitimate rights and interests of farmers, accelerate the circulation of rural land and economic growth, It is of great practical significance to promote the harmonious development of our society. On the basis of literature review, this paper defines the concepts of agricultural land transfer and the risk of farmers' rights and interests loss, and interprets the property right theory, risk theory, game theory and so on. Then, it explains the loss risk of farmers' rights and interests in farmland transfer from the aspects of independent rights loss, income right loss, protection of rights and interests loss and judicial litigation rights loss and so on, and through the legal system of agricultural land transfer, The analysis of non-participants such as market mechanism and government, village collectives, agricultural large households, farmers and so on, traces the causes of the risk of loss of farmers' rights and interests. At the same time, the game model is constructed to show clearly the process of the benefit game and the loss of the farmers' rights and interests between the government, the village collective, the agricultural large households and the farmers in the agricultural land circulation. Because there are many risk factors affecting the risk of loss of farmers' rights and interests, in order to better formulate effective preventive measures, the analytic hierarchy process (AHP) model is established, and the influence degree of risk factors is analyzed and ranked synthetically. Finally, according to the above analysis, from the aspects of perfecting the relevant legal system, reshaping the government function, perfecting the land circulation market and raising the farmers' legal consciousness, the paper puts forward the risk prevention measures to prevent the loss of farmers' rights and interests.
【学位授予单位】：湖南科技大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F321.1

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