农地权利制度的和谐发展及其司法保障——基于推进农村改革发展的语境

伴随着农村的改革和发展,农村土地上形成了三个方面的重要权利,一是农民集体对土地享有的集体所有权;二是集体经济组织或村委会对土地所拥有的经营管理权或代表行使权;三是农民个人对土地所享有的承包经营权。农地集体所有权是农地经营管理权和承包经营权的权利根源和基础,它影响、决定着经营管理权和承包经营权存续发展的宗旨、方向和内容。而为了推动农村经济社会的全面和谐发展,集体组织的经营管理权可以超越所有权而得以独立地发挥作用。同时,农民个人的承包经营权也具有高度的自主性和绝对性,不受农地集体所有权等的不当干预。在农村的进一步改革发展中,各方面的农地权利需要在相互联系协调中不断完善发展,形成一个严密而和谐的农地权利体系,并建立相应的司法保护体系,从而有效地推进农村的改革发展。

Harmonious Development of Rural Land Right System and Its Judicatory Protection: Based on the Push of Rural Reform and Development

There are three important rights on the rural land as country has gradually reformed and developed. The first is ownership of land owned by farmer collectivity, the second is management right of land owned by collective economy organization, and the third is usufruct of contractual land owned by individual farmer. Ownership of land is the base and source of management right of land and usufruct of contractual land, which will influence and determine the tenet and content of management right of land and usufruct of contractual land. Management fight of land may transcend ownership of land owned by farmer collectivity to push rural economy and social overall harmonious development. Usufruct of contractual land owned by individual farmer is highly independent and absolute, which is free form inappropriate prevention. Anyway, in the process of rural further reform and development, all rural land rights should be harmony and keep on developing so as to shape clear rural land right system, and all rural land rights should be under judicatory protection. Consequently rural reform and development would be achieved.