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农村土地流转是在农村土地的集体所有制性质将长期存在,农民的身份因素短时间内难以改变,城乡有别的社会保障制度短时间内难以改变的前提下进行的,之所以要对农村土地流转进行类别化考量,是因为农村土地上的权利主体与权利客体客观上存在类别化现象,另外类别化的考量能够平衡维护相关主体(主要指农民)利益与促进农村发展的冲突。在进行类别化考量的具体操作上,要依据土地流转主体、流转客体、流转方式分别把握。土地流转的类别化考量,还应注意与城乡一体化进程与时俱进、注意维护农民的基本权益、注意与培育农村土地流转的市场紧密结合以及建构土地流转的监督机制。
The transfer of rural land under the prerequisite that the nature of collective ownership of rural land will exist for a long time, the identity of peasants is difficult to change within a short period of time, and the urban and rural social security system is difficult to change within a short period of time, the reason for the rural land transfer The reason for the categorization is that there exists an objective categorization of right and right objects in rural land. In addition, the consideration of categorization can balance and maintain the conflicts between the interests of relevant parties (mainly farmers) and rural development. In carrying out the categorization of the specific operation, according to the main body of land transfer, transfer of objects, transfer methods to grasp. It should also pay attention to keeping pace with the times in the integration process of urban and rural areas, pay attention to safeguarding the basic rights and interests of peasants, pay close attention to closely integrating with the market for nurturing rural land transfer, and constructing a supervision mechanism for the transfer of land.