我国改革开放的起点是农村实行的集体所有、联产承包的生产经营责任制,随着农村经济的进一步发展,土地的瓶颈也逐步显现出来。本文探讨了我国发达地区和不发达地区出现的法律框架内外的土地流转形式与其出现的不同原因,认为要通过立法的形式明确土地流转,以适应现代农业发展需要,从而稳定土地承包制度。 The starting point of China’s reform and opening up is the collective-owned and contract-linked production and operation responsibility system practiced in rural areas. As the rural economy develops further, the bottleneck of the land is also gradually emerging. This article explores the different reasons for the land transfer within and outside the legal framework in the developed and underdeveloped areas of our country. It considers that the land transfer should be made clear by legislation so as to meet the needs of the development of modern agriculture so as to stabilize the land contract system.