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改革开放以来,农村集体土地所有权行使主体模糊在“顺利实施农地产权制度”“应对社会突发事件、避免大规模社会冲突”“推进土地规划和城市建设”等过程发挥了“润滑剂”与“缓冲带”的作用;然而,在建立健全集体土地的所有权消极权能实现、权能夯实、管理权限行使与集体成员受益权能保护等农民多元保障机制方面产生了显著的负面影响。当前改革已进入攻坚期与深水区,农村集体土地所有权行使主体模糊引发的“冲突和社会动乱”等负性外部效应也日益凸显,完善被征地农民的多元保障机制——以集体土地所有权行使主体确立为灵魂,以使用权入市、征用征收公平补偿、增值公平分配、经营性合法收入保障、社会保障为现实路径——应加快提上议事日程。
Since the reform and opening up, the main body of rural collective land ownership has become vague in the process of “smoothly implementing the system of property rights in rural land”, “responding to social emergencies and avoiding large-scale social conflicts” and “promoting land planning and urban construction” However, in the process of establishing and perfecting the rights of collective land, such as the realization of the negative power, the consolidation of power, the exercise of management authority and the protection of the rights of collective members, such as the protection of farmers’ diversified guarantee mechanism, Significant negative impact. The current reform has entered the crucial period and the Sham Shui Po District, and the negative externalities such as “conflicts and social unrest” caused by the vagueness of the main body of rural collective land ownership have also become increasingly prominent. The multiple guarantee mechanisms for land-expropriated peasants are improved - taking collective land ownership The exercise of the main body established as the soul, the right to use the market, fair compensation for expropriation expropriation, fair value-added distribution, business protection of legitimate income, social security as a realistic path - should be accelerated on the agenda.