城乡建设用地增减挂钩中土地权属调整研究

摘要

The purpose of the paper is to put forward some suggestions for improving the LUTRG policy to guarantee the legitimate rights of farmers and collectives by analyzing the difficulties of the land property rights readjustments in LUTRG as well as discussing the way of property right readjustments. The Method used in this paper is policy analysis. The result showed that the readjustments of collective land ownership was difficult, which was induced by lacking legal basis, strong constraint of the space and the ambiguous nature of the land in farmers’ concentrated residential areas, etc. Many difficulties also existed in the readjustments of right to use collective land, such as the disconnection between practice and law, the barriers of defining land property rights for farmers’ concentrated residential areas, etc. The paper concluded with propositions from two aspects aiming to ameliorate the LUTRG policy: firstly, in terms of law, the circulation of collective land ownership should be allowed, the collective-owned land and the state-owned land should be “equal in rights and prices as well as opportunities to markets” and a new system of collective management should be established; next, in practice, the collective land ownership can be given to the village collective and can circulate according to law, farmland use rights can be operated by the collective in the form of “giving rights and shares but without defining land owners”, and we also should enlarge the scale of collective construction land market, etc.%研究目的：分析增减挂钩政策中土地权属调整面临的困境，探讨权属调整途径，立足于保障集体和农民合法权益，提出创新和完善增减挂钩政策的建议。研究方法：政策分析法。研究结果：集体土地所有权权属调整面临缺乏法律依据、空间约束性强、集中居住区土地性质模糊等困境；集体土地使用权权属调整面临实践与法律脱节、集中居住区土地及房屋产权界定困难等困境。研究结论：在法律层面为集体土地所有权流转正名并保障集体土地和国有土地“同权同价，同等入市”以及建立新型集体经营制度；实践中土地所有权向村集体集中并依法流转、农地使用权以“确权确股不确地”方式交由集体经营、扩大集体经营性建设用地入市交易规模。