土地承包权退出的风险防范制度研究

发布时间：2018-11-24 12:18

【摘要】：近年来,随着城镇化进程的加快,农村劳动力大量流失的现象愈发普遍,由此造成了农村传统耕作劳动的衰落和土地资源的浪费。为了提高对农村土地资源的利用效率,政府鼓励农民通过多种形式进行土地流转,但是实施效果并不明显,农村土地撂荒的现象并没有得到有效解决。单纯依靠土地流转不足以解决农村土地抛荒问题。因此,政府积极探索建立土地承包权退出机制,鼓励有条件的农民自愿退出。土地是农民生存的重要保障,让农民退出土地进城发展,会使农民面临诸多不稳定因素。为避免农民因为放弃土地承包权而遭遇风险,让农民安心进城退地,有必要构建土地承包权退出风险防范制度。本文以“三权分置”的土地改革为背景,从土地承包权的含义入手,分析了农民退出土地承包权后可能面临的风险以及风险形成的原因。通过研究现阶段土地承包权退出风险防范措施的缺陷,探讨土地承包权退出风险防范制度的构建问题。第一部分是土地承包权退出的概念界定。本部分首先将土地承包权界定为农民作为农村集体经济组织成员而享有的承包集体土地的权利,其属于农村集体经济组织成员权利中的一部分,具有身份性。在此基础上指出,土地承包权退出是农民自愿、有偿放弃承包本集体土地的权利,并将承包地退还给集体经济组织,并且其后代子女也不再享有承包本集体土地的权利。第二部分是土地承包权退出的风险及成因。本部分以农民利益保护为视角,分析了农民退出土地承包权后可能遇到政策变动、失业和生存的风险。并指出,这些风险产生的原因主要是由于土地退出方面的立法滞后,农村社会保障制度不健全以及土地退出补偿机制不合理。第三部分是土地承包权退出风险防范的现状与缺陷。本部分以全国统筹城乡综合配套改革试验区的实践探索为依据,分析了目前土地承包权退出风险的主要防范制度——退出有偿化。这种防范退出风险的思路是有益的,但却存在退出补偿标准偏低、退出配套制度缺乏等问题,不利于彻底消除农民退出土地承包权的顾虑。第四部分是土地承包权退出风险防范制度的构建。本部分通过对土地承包权有偿退出制度的现状进行分析。研究发现,若想彻底防范农民退出土地承包权的风险,除提高对退出农民的补偿标准外,还应提供灵活的多元补偿方式。并为退地农民提供养老、医疗、就业等方面的社会保障。同时还应建立保证退地政策贯彻落实的监督制度。
[Abstract]:In recent years, with the acceleration of urbanization, the phenomenon of mass loss of rural labor force is becoming more and more common, resulting in the decline of rural traditional farming labor and the waste of land resources. In order to improve the utilization efficiency of rural land resources, the government encourages farmers to carry on the land circulation through various forms, but the implementation effect is not obvious, the phenomenon of rural land abandonment has not been effectively solved. Relying solely on land circulation is not enough to solve the problem of land abandonment in rural areas. Therefore, the government actively explores the establishment of land contract right withdrawal mechanism to encourage conditional farmers to withdraw voluntarily. Land is an important guarantee for farmers to survive. In order to avoid the risk for farmers to give up the right of land contract, and to make farmers feel at ease to go back to the city, it is necessary to construct the system of preventing the risk of withdrawing from the right of land contract. Based on the land reform of "three rights divided" and the meaning of land contract right, this paper analyzes the risks that farmers may face after withdrawing from land contract right and the reasons for the formation of risk. By studying the defects of the risk prevention measures of land contract right withdrawal at present, this paper probes into the construction of land contract right exit risk prevention system. The first part is the definition of land contract right withdrawal. Firstly, this part defines the land contract right as the right of peasants as a member of rural collective economic organizations to contract collective land, which is a part of the rights of members of rural collective economic organizations, and has identity. On this basis, it is pointed out that the withdrawal of land contract right is the right of peasants to voluntarily give up the contracted collective land and return the contracted land to the collective economic organizations, and the children of their descendants will no longer enjoy the right to contract the collective land. The second part is the risk and cause of land contract right withdrawal. From the perspective of the protection of farmers' interests, this part analyzes the risks of policy changes, unemployment and survival after farmers withdraw from the land contract right. It is pointed out that the causes of these risks are mainly due to the lag of legislation on land withdrawal, the unsound social security system in rural areas and the unreasonable compensation mechanism for land withdrawal. The third part is the current situation and defects of land contract right withdrawal risk prevention. Based on the practice and exploration of the comprehensive reform of urban and rural areas in China, this part analyzes the main system of preventing the risk of the withdrawal of the right of land contract, that is, the compensation of withdrawal. This idea of preventing the risk of withdrawal is beneficial, but there are some problems such as low standard of compensation for withdrawal and lack of supporting system, which is not conducive to thoroughly eliminating the concern of farmers withdrawing from land contract right. The fourth part is the construction of land contract right withdrawal risk prevention system. This part carries on the analysis to the current situation of the land contract right paid withdrawal system. It is found that if we want to guard against the risk of farmers withdrawing from land contract right, we should provide flexible and multivariate compensation methods besides raising the compensation standard for withdrawing farmers. And for the return of farmers to provide old-age, medical care, employment and other aspects of social security. At the same time, we should also establish a supervisory system to ensure the implementation of the policy.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.32

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