农村土地承包经营权要素编码的关键问题及解决途径

    Key issues and solutions for element coding of rural land contractual management right

    • 摘要: 为准确使用NY/T 2538-2014、规范农村土地承包经营权确权登记颁证工作,针对目前农村土地承包经营权要素编码中存在的县级段代码和乡级段代码编制、发包方编码、承包方编码、特殊区域编码等关键问题,采用文案调查法和实地调查法进行深入剖析,并给出了问题的解决途径。结果表明:1)县级段代码和乡级段代码应以目前正在开展的农村土地承包经营权确权登记颁证工作作为时间节点来进行编码,并采用民政部公布的行政区划代码;2)发包方应按照农村土地所有关系进行编码,并且发包方编码在承包期内保持稳定;3)承包方应视为权利人来进行编码,其编码取决于是否与发包方签订承包合同;4)农村土地承包经营权要素编码与特殊区域内农村土地承包管理方式无关,应按照农村土地承包经营权要素的内在关系进行编码。通过剖析上述关键问题,研究可进一步深化对农村土地承包经营权要素编码的认识,促进NY/T 2538-2014在农村土地承包经营权确权登记颁证工作中的规范应用。

       

      Abstract: Abstract: The element coding of rural land contractual management right is basic work for the informational management of rural land contract. In order to use Element coding rules of rural land contractual management right (NY/T 2538-2014) accurately and standardize the confirmation, registration and certification of rural land contract management right, it was necessary to analyze for the key points of the element coding of rural land contractual management right. In this study, the coding structure, coding method and coding rule for the element coding of rural land contractual management right in the NY/T 2538-2014 were introduced firstly, some key issues for the code of county and township level, code of party giving out the contract, contractor code and special area code in the confirmation, registration and certification of rural land contract management right were analyzed deeply by using document survey method and field method, and the concerned solutions for the key points were also given. Four important results were obtained from this research, which were listed as follows: (1) As for the code of county and township level, they should be coded according to the time nodes of the confirmation, registration and certification of rural land contract management right. In order to be convenient in the sharing and management of rural land data, for the county and township, the latest administrative division codes which were published by the Ministry of Civil Affairs must be used. (2) The code of party giving out the contract was basic work for other element coding of rural land contractual management right. If the rural land belonged to the village collective economic organizations or villager team, the code of party giving out the contract should be coded according to the rural land ownership relations. From the angle of rural land ownership relationship, if the collective economy organizations had been division or merger, the code of party giving out the contract should be coded according to the collective economy organizations of division or merger. (3) The contractor contained 3 types, which were peasant household, organization and person. If the person or organization had several contracts, they should be considered as different contractors and coded in different parties giving out the contract. In addition, the code of contractor mainly depended on the contract, which included the contractor and the code of party giving out the contract. (4) There were some special areas in China, such as economic development zone, enclave area. The element coding of rural land contractual management right had nothing to do with the rural land contract management in these special areas. The element coding to rural land contractual management right in these special areas should be coded according to the internal relations between the elements of rural land contractual management right. The important conclusions from this research not only can further deepen the scientific cognition for the element coding of rural land contractual management right, but also will be helpful for improving the application of the NY/T 2538-2014 in the confirmation, registration and certification of rural land contract management right.

       

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