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权属调整是指农地整理过程中由于土地归并和重新分配而产生的权利交换和变更的行为,其实质是农地不动产权益的重新配置。我国农地整理权属调整的规则体现为国土资源部的行政规章及规范性文件,凸显了政策导向和与现行土地法律制度的冲突。鉴于农地整理制度尚处于制度探索的创新阶段,权属调整规则应以基本法形式确立立法权;为实现权属调整的法制化,应建立农地所有权主体之间的权利可流转规则、承包经营权个别调整规则和对少数受影响的土地权利人利益补偿规则。
The adjustment of ownership refers to the exchange and alteration of rights arising from the consolidation and redistribution of land in the process of agricultural land consolidation. The essence is the realignment of the real property rights and interests of agricultural land. The rules governing the adjustment of the ownership of agricultural land in China are embodied in the administrative rules and normative documents of the Ministry of Land and Resources, highlighting the policy orientation and the conflict with the current land legal system. In view of the fact that the agricultural land consolidation system is still in an innovation stage of system exploration, the regulation of ownership adjustment should establish the legislative power in the form of the Basic Law. In order to realize the legalization of the ownership adjustment, rules for the transfer of rights between rural land ownership entities should be established, Individual adjustment rules and the right to compensation for a few affected land owners.