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当前农村土地流转尚处于初级阶段,呈现出碎片化状态,土地资源利用率低,无法承载现代农业的发展。因此,中央一号文件提出“三权分置”制度,扩大土地流转市场,提升农业现代化。但由于当前土地法律法规不完善,“三权分置”的各项权能未得到认可,缺乏对其权利关系的界定,这给农业产业化经营带来了阻力,也对新型农业经营主体的权益造成冲击,致使他们的合法权益得不到保障。在认真剖析“三权分置”制度存在的问题,吸取欧美国家与日本土地流转的经验的前提下,立足于公法善治的视角并提出了相应的良策,促进“三权分置”制度实施,发展农业现代化经营。落实“三权分置”制度,发展农业规模化经营,优化土地资源,增加农民财产性收入,亟需发挥公法善治的重要作用,激发出良法的功能,坚持以人民利益至上为原则。因此,从公法善治方面促进“三权分置”落实是一个良好的、有益的途径。
The current rural land transfer is still in its infancy, showing a fragmented state of land resource utilization is low, can not carry the development of modern agriculture. Therefore, the document No. 1 issued by the Central Government puts forward the system of “separation of powers and sanctions”, expanding the land transfer market and upgrading agricultural modernization. However, due to the imperfect laws and regulations of the land, the various powers of the “separation of powers” have not been recognized and the definition of their rights is lacking. This has brought resistance to the industrialized management of agriculture and also hindered the development of new types of agricultural operators Of the rights and interests of the impact, resulting in their legal rights can not be guaranteed. On the premise of carefully analyzing the existing problems in the system of “separation of powers,” drawing lessons from the experience of land circulation between Europe and the United States and Japan, based on the perspective of good public law and putting forward corresponding good policies to promote the “separation of powers, ”System implementation, development of agricultural modernization. To implement the system of “separation of powers and the separation of powers”, to develop large-scale agricultural operations, to optimize land resources and increase peasant incomes for property, we urgently need to play an important role in public administration of good governance and stimulate the function of good law. We must adhere to the principle that the interests of the people should be paramount. Therefore, it is a good and useful way to promote the implementation of the “separation of the three powers” in the area of public good and good governance.