论进城落户农民承包地权益的法治保障

在统筹新型城镇化和乡村振兴、推动城乡融合及共同富裕的时代背景下,保障进城落户农民承包地权益是涉农改革的关键。集体成员身份的保留,是阐释进城落户农民承包地权益保障正当依据和法律边界的前提。当前,进城落户农民承包地权益保障面临权益冲突及身份认定、承包地财产权实现、承包地权益救济三大法治挑战。为此,应健全进城落户农民成员身份的认定与权益冲突的协调规则,兼顾进城落户农民承包地财产权益与保障功能的充分实现,构建以诉讼救济为兜底的多元救济机制。

Legal Protection of the Contracted Land Rights and Interests of Farmers Settled in Cities

In the context of coordinating new urbanization and rural revitalization, promoting urban-rural integration and common prosperity, safeguarding the contracted land rights and interests of farmers settled in cities is the key to agricultural reform. The preservation of collective membership is a prerequisite for explaining the legitimate basis and legal boundaries for protecting the contracted land rights and interests of farmers settled in cities. Currently, the protection faces three major legal challenges:conflicts of rights and identity recognition, realization of property rights of the contracted land, and remedies for the rights and interests of the contracted land. To rise to these challenges, we should facilitate the recognition of the identity of farmers settled in cities, improve coordination rules for conflicts of interests, ensure the protection of the contracted land rights and interests of farmers settled in cities, and build a diversified relief mechanism with litigation remedies as the bottom line.