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“人地挂钩”政策作为新的土地管理模式,更加重视人的因素,其不仅要破解城镇化用地难题,还要在实施中维护农民群众合法权益,确保农业农村农民的持续发展。法律是保障农民权益的基本手段。人地挂钩政策的实施,必须制定合理系统的法律规制。本文首先对国家和河南地方已出台的保障农民土地权益的立法进行梳理,针对试点地区“人地挂钩”前后出现的农民土地权益保障机制和法律法规的缺失问题,提出相应的意见和建议,为实现“人地挂钩”试点中农民权益的合理保障提供制度和立法支撑。
As a new model of land management, people pay more attention to human factors. They should not only solve the problem of urbanization but also safeguard the legitimate rights and interests of farmers and ensure the sustainable development of farmers in agriculture and rural areas. Law is the basic means to protect the rights and interests of peasants. People linked to the implementation of the policy, we must develop a reasonable system of legal regulations. This paper first sorts out the legislation that has been promulgated by the state and Henan Province to protect the rights and interests of peasants’ land. In view of the peasant land rights and interests protection mechanism and the absence of laws and regulations that appear before and after the peasant land pegging in pilot areas, the paper puts forward corresponding opinions and suggestions , To provide institutional and legislative support for the realization of a reasonable guarantee of peasants’ rights and interests in the pilot project “Peasants and Peasants Land”.