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农村承包地流转的新政策为农民所熟悉尚须时日,但其对农地法律制度改革的影响是深远的。承包地流转现象在地区间差异明显,法律须尊重现实中农民的行为自治;规范的承包地流转程序在各地认可度不一,承包地有流转频繁之趋势,建立规范的流转登记制度和纠纷解决的多元化手段在立法上须未雨绸缪。村集体在承包地、宅基地流转及其发展上作用重大,应进一步通过法律制度强化其各项服务和管理职能;宅基地流转的隐形市场所衍生的城乡矛盾逐渐显现,法制的通盘考量和系统研究须尽快转化为新的立法和决策意见。农民在自留地(山)的归属或性质的认识上与法律有较大差异;农民强烈期待农地改革要完善立法,给农民土地权益以法律确认。
The new policy of rural contractual transfer of land is still time-consuming for peasants to familiarize with, but its impact on the reform of the farmland legal system is far-reaching. The phenomenon of contracted land circulation has obvious differences among regions. The law should respect the peasants’ behavior autonomy in reality. The standardized procedures for the circulation of contracted land vary from place to place, with the trend of frequent turnover of contracted land and the establishment of standardized circulation registration system and dispute resolution The diversification of means must take precautions in the legislation. The village collective plays an important role in the circulation of the contracted land and the homestead and its development. It should further strengthen its various service and management functions through the legal system. The contradiction between urban and rural areas derived from the invisible market for the circulation of the homestead gradually appears. The overall consideration and system of the legal system The research must be translated into new legislation and decision-making opinions as soon as possible. Peasants are different from the law in the ownership or nature of their own plots (mountains); peasants strongly expect that the legislation should be perfected in the reform of farmland and that the rights and interests of peasants should be confirmed by law.