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农地权属调整是农地流转过程中基于土地权重新配置而产生的权利交换和变更行为。从农地流转的规范性文件来看,农地的“三权分置”是以政策执行的形式来实现的。具体而言,农地“三权分置”政策执行的法治效应,破解了土地对农民身份限制的掣肘,提升了土地社会保障功能的福利效应。农地“三权分置”政策执行的法理表达破解了“三权分置”中三类主体的权利归属难题,消解了“三权分置”政策立法表达的执行惯性,厘定了集体成员权政策性规范的建构规则。因此,农村土地“三权分置”的法理定位,要围绕破解土地所有权主体虚位的产权治理困局这一主线,不断拓展农地权能配置和交易主体范围,界定土地发展权的产权归属和收益分配方向。
The adjustment of the ownership of agricultural land is the exchange and alteration of rights arising from the redistribution of land during the transfer of agricultural land. From the normative documents of the transfer of farmland, the “separation of the three powers” of agricultural land is implemented in the form of policy implementation. Specifically, the rule of law effect of agricultural land “three rights division ” policy implementation has solved the restriction of land to farmers’ identity and promoted the welfare effect of land social security function. The legal expression of farmland “three rights division ” policy has solved the difficult problem of the ownership of the three kinds of subjects in “the separation of the three rights” and eliminated the implementation inertia of the legislative expression of “the separation of the three rights” , Set the rules for the construction of the policy of collective membership. Therefore, the legal orientation of the rural land “separation of the three rights ” should focus on the main line of solving the dilemma of property rights governance in the emptiness of the main body of land ownership and continuously expand the scope of the main body of rights allocation and transaction of agricultural land and define the property rights of land development rights Ownership and distribution of revenue direction.