土地经营权流转的制度分析 —以江苏省两县区为例 推动土地流转、发展农业规模经营已成为全国性的热潮。借由土地经营权的流转,政府、企业、村委会、村民各有获益。但在看似皆大欢喜的局面下,却存在制度上的隐忧。本文通过对江苏省两县区的实地调研表明,在经济较不发达的地区,乡镇政府通过严格的合同鉴证程序,事实上拥有了土地经营权流转合同的审批权;又由于缺乏完善的土地确权和登记体系,县级以上政府难以对乡镇政府进行有效的监督。因此乡镇政府权力的急剧膨胀,可能进一步带来流转价格不市场化、土地流转后续程序难以解决等问题。土地流转制度的改革,应从改变鉴证制度、建立市场化的土地价格体系、加强土地确权登记等方面着手。 关键词:土地流转 三权分立 制度风险 乡镇政府 鉴证 孙婧文
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