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农地“三权分置”改革,是提升农地经济价值,保障农民根本利益的制度创新。但该制度的运行有可能引发产业风险、市场风险、社会风险及生态风险等。要做好“三权分置”制度风险的法治防范,就是要在贯彻权利与义务理念、权力与责任理念、公平效益安全理念的基础上,实现“三权分置”基本法律规则的确定化,理顺司法秩序、协调政策与法律的配套合作,完成对制度运行风险的分析与预判,落实合理的法治防范策略。
The reform of farmland and the separation of the three powers is an institutional innovation that enhances the economic value of farmland and protects the fundamental interests of farmers. However, the operation of this system may lead to industrial risks, market risks, social risks and ecological risks. To do a good job of “rule of law prevention” of the institutional risk of “separation of powers” is to realize the basic law of “separation of powers and rights” based on the concept of rights and obligations, the concept of power and responsibility and the concept of fair and effective security Determine the rules, straighten out the judicial order, coordinate the cooperation of policies and laws, complete the analysis and prediction of the operational risk of the system, and implement a reasonable strategy of preventing the law.