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在我国加速城镇化、工业化和农业现代化背景下,囿于现行法律束缚的农村土地承包经营权存在权属不清、流转困难的市场化和法治化困局,亟须在新的时代背景下探求改变现行的细碎化土地利用制度与农业产业化和规模化经营之间的矛盾。在法律制度构建中,完整赋权、作价出资农民专业合作社、加大财政和金融支持力度等均为理性的出路和选择,但在流转过程中会出现以大资本排挤小农户、单一追求农业的规模效益等问题,特别应严密防范和警惕因土地使用权过于集中而产生大量的无地流民,因此对农村土地承包经营权的流转给予一定限制就必不可少。
Under the background of accelerating urbanization, industrialization and agricultural modernization in our country, due to the existence of the unclear ownership and contracting difficulties of market-oriented and legalized rural land contracting and management right bound by the existing laws, it is imperative to explore in the background of a new era Change the contradiction between the current fragmented land use system and agricultural industrialization and large-scale operation. In the construction of the legal system, it is a rational way out and choice for the farmers to make full use of their power and finance their cooperatives at a price, and to increase their financial and financial support. However, in the process of circulation, large-scale capital crowding out of small-scale farmers and a single pursuit of agriculture will occur Scale benefits and other issues. In particular, a large number of landless displaced persons should be closely guarded against and vigilant due to over-concentration of land-use rights. Therefore, it is necessary to impose some restrictions on the transfer of rural land contractual management rights.