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当前的人地关系中存在两个流动,一个是人口的流动,一个是土地使用权的流动。人和地一起流动起来,给地权的合理分配带来了挑战。《国务院关于进一步推进户籍制度改革的意见》第四章第十二节明确提出推进户籍制度需要完善农村产权制度,强调一定要保护农民的权益,也强调了政府管理者建立交易市场的责任,可是没有提到如何保护农民集体的权益。笔者认为在集体土地使用权流转过程中,要吸取当年集体企业改制的经验和教训,加强集体资产管理。
There are two kinds of current flow in the relationship between people and land, one is the population flow and the other is the flow of land use right. The flow of people together with the land poses a challenge to the rational distribution of land rights. “The State Council on Further Promoting the Reform of the Household Registration System,” Chapter IV, Section 12 made it clear that to promote the household registration system needs to improve the system of rural property rights, emphasizing that we must protect the rights and interests of farmers, but also stressed the responsibility of government managers to establish the trading market, but Did not mention how to protect the rights and interests of peasants. The author believes that in the process of the transfer of collective land use rights, we should learn from the experience and lessons learned from the restructuring of collective enterprises in that year and strengthen collective asset management.