粮食安全与耕地保护是我国农业政策和土地制度的根本出发点,同时也聚讼纷纭。我国当前对于粮食安全与耕地保护的争论主要是对其经济效用的分析,但这可能并未切中肯綮。从法理角度观之,我国现行粮食安全与耕地保护措施的最根本问题在于过分偏重对农地开发、流转及对粮食流通的严苛管制。这固然有利于使城镇居民和经济发达地区可以以政府可控的、低廉的价格获取粮食,但这却是以不公平地压抑农民本应享有且受宪法明确保障的财产权利为代价的。尽管近年来我国政府也实行了一系列广为称道的惠农措施,但事实上其意义与作用仍然有限。因此,粮食安全与耕地保护必须在尊重农民财产权利基础上,以公平的方式进行。 Food security and protection of cultivated land are the fundamental starting points for China’s agricultural policy and land system and are also diverse in conciliation. The current debate in our country about food security and the protection of arable land is mainly about the analysis of its economic efficiency, but this may not be correct. From the legal point of view, the most fundamental problem of China’s current grain security and farmland protection measures is that it puts too much emphasis on the development and circulation of agricultural land and the stringent control over grain circulation. While this will help enable urban residents and economically developed areas to obtain food at a government controlled and cheap price, this is at the expense of unfairly suppressing peasants’ property rights that should be enjoyed by the Constitution and guaranteed by the Constitution. In spite of the fact that our government has also implemented a series of widely acclaimed measures to benefit farmers in recent years, the factual significance and role of the measures are still limited. Therefore, food security and protection of cultivated land must be conducted in an equitable manner on the basis of respecting the rights of farmers.