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随着我国经济发展的不断加速和房地产市场的升温,市场对建设用地的需求量也不断加大,国有土地的供应量和价格已不能满足建设单位的用地需求。很多用地单位将目光投向了农村集体土地,特别是近郊农村集体的土地。而近郊农村青壮年大多进城务工,自己的土地大多租给别人耕种或闲置,如果用地单位能给出一个合理的价格,农民肯定是乐享其成,认为这样是一种最直接、最实惠的方式,而地方政府为发展本地经济,增加税收,往往也倡导和鼓励村集体出租土地,甚至在村集体和用地企业之间充当媒介,牵线搭桥。据互联网上的不完全统计,近年来因出租土地,村委会主任涉嫌非法转让土地使用权罪而被立案侦查的案件逐年增长,而理论界和司法实践中却对涉案的村委会主任是否构成犯罪有很大争议,本文将结合真实案例,对于普遍性的村集体出租土地引发的法律问题、村干部涉嫌犯罪问题展开讨论,以此引发专家学者对农村土地制度的思考和对村干部命运的关注。
With the continuous acceleration of China’s economic development and the warming of the real estate market, the demand for construction land in the market is also constantly increasing. The supply and prices of state-owned land can no longer meet the needs of land-use by construction units. Many land units have turned their attention to the rural collective land, especially the rural collective land in the suburbs. Most suburban rural youth work in cities, most of their land is leased to others for cultivation or idleness. If the land-use units can give a reasonable price, the peasants must enjoy the benefits and consider it the most direct and beneficial The local governments, for the sake of developing the local economy and increasing tax revenue, often advocate and encourage the collectives to lease out their land and even act as intermediaries between the village collectives and the land-using enterprises. According to incomplete statistics on the Internet, the number of cases filed for investigation in recent years due to the crime of leasing land and the director of the village committee suspected of illegally transferring land use rights has been increasing year by year. However, in theory and in judicial practice, It is very controversial to constitute a crime. In this article, we will discuss the legal issues caused by the lease of land by village collectives in general and the suspicion of crimes by village cadres in order to arouse the thinking of experts and scholars on the rural land system and the fate of village cadres s concern.