论农地平分机制向市场机制的整体性转轨

建国后的50多年来,我国对农地制度进行多次变革的实质都是平分土地。这种带有行政强制性的农地分配机制产生了“村社集体成员权”平均占有土地的严重倾向,直接刺激了农村人口快速增长;反过来,人口增长又降低了农民的人地比率。目前在我国大多数农村社区,农户承包地细碎化的趋势十分明显,使许多农户失去了依靠土地生存的基本保障功能。《农村土地承包法》虽然从法律上切断了农地继续细分的制度路径依赖,但是,由于农村集体土地产权模糊,在人地矛盾日益紧张的压力下,今后很难阻止农民继续要求平分集体土地的机会主义动机;而农村基层政权组织为了满足多数农民的强烈愿望违法调整农村承包地的行政行为也会经常性发生。因此,从宪法和法律上明晰农地私有产权,用市场机制配置土地资源是我国21世纪农地制度创新的惟一的正确方向。

On the Overall Transition of land's Equal Distribution Mechanism to Market Mechanism

In more than 50 years since the founding of New China,the nature of each significant rural land system innovation was equal distribution of land. The administrative obligatory distribution mechanism of rural land has lead to the serious trend that peasants hold land equally according to the member right of rural collective ,and has stimulated the rapid growth of rural population,in turn ,the growth has brought down the ration of peasant and land. At present,most household contracted lands are being split smaller and smaller,having lost its living ultimate social security function. Although the Law of Land Contract,promulgated lately by the Government,is likely to prevent further distribution of rural land in the eye of the law,peasants' opportunism motivation of continuous land distribution is not easy to put an end,on the ultimate pressure of the contradiction of population growth and land reduction due to the vague property of rural collective land,and some illegal administrative adjustment of rural contracted land by township or village for the purpose of most peasants are inevitable constantly. As a result,a legal establishment of clear private rural land ownership and a substitute of traditional equal land distribution mechanism for market mechanism is the unique right way to create a new rural land system of China in the 21 century.