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我国农民朴素公平观包含生存第一、权责统一和多数人决等基本内涵。全国7县84村田野调查发现,农村土地承包法律与农民朴素公平观存有背离现象:“生不增,死不减”导致部分集体成员的生存无法保障;权责不统一,发包方与承包方的权利义务存在失衡现象;多数人决困局,即涉及土地承包事宜存在有事不能议、议而不能决、决而不能行的问题。在《农村土地承包法》修改中:应尊重农民“生存第一”的要求,坚持土地均分原则并稳定农户承包权;坚持权责统一原则,实现发包方与承包方之间的权利义务对等;赋予集体成员多数人决的正当性和可执行性。
The plain view of equality of peasants in our country contains the basic connotation of being the first to survive, the unification of rights and responsibilities and the majority of the people. A survey of 84 villages in 7 counties across the country found that there is a departure from the rural land contract law and peasants’ plain view of fairness: “life is not increased, death does not diminish ” can not guarantee the survival of some group members; power and responsibility are not uniform, And the rights and obligations of the contractor there is an imbalance; the majority of people in the predicament, that is involved in land contracting there are things that can not be discussed, but can not decide, absolutely can not do. In the revision of “Rural Land Contract Law”, we should respect the peasants’ requirements of “survival first”, adhere to the principle of equal distribution of land and stabilize the contractual rights of peasants, and adhere to the principle of unification of rights and responsibilities and realize the rights between the contracting parties and the contractors Obligations for reciprocity; giving legitimacy and enforceability to the majority of group members.