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农民集体或集体企业通过解除土地承包合同或土地承包经营权,流转实现集体土地统一经营,已经广泛地存在于农村并发挥了明显的优势,但也存在着一定的适法困境。对此,我国农地立法应当予以合理的法律回应,有条件地允许统一经营方式的实现,并通过健全土地承包合同解除规则、土地承包经营权流转规则以及其他相关制度,完善统一经营实现的法律路径。
The peasants’ collective or collective enterprises have already played a significant role in the rural areas by lifting the land contract or land contractual management right and transferring the unified management of the collective land. However, there are also some difficulties in their application. In this regard, China’s agricultural land legislation should be a reasonable legal response, conditions permitting the realization of a unified mode of operation, and through the improvement of land contract contract to lift the rules, the rules of land contractual rights and other relevant system, improve the unified operation of the law path.