摘要： 深化农村土地制度联动改革是社会主义新时代的必然诉求,是为系统观念引领下实行中国农地制度高质量发展,契合“中国式现代化”的应有之义。历时近五年期的农地制度联动改革,试点经验的立法转化得以兑现,然仍有不少合理制度经验尚未被现行法吸纳,而有的法条在运行中触发利益冲突,殊值深承眷注。农地制度联动改革的深化,应进一步关乎权利本位纠正“权力中心化”,增进法律价值功能之内涵与位阶对农地制度改革的推力,章明产权归属与权能边界、畅通要素流动与城乡融合、协调有效市场与有为政府、选择合理权利模式与体系化规则。以法治思维引领深化农地制度联动改革,架构农地联动机制的法律治理新体系:循“同地同权”规则,有效推进国有土地和集体土地同地同权;沿公益与入市共栖进路,协调征地与集体建设用地制度规则的隔阂冲突;经土地用途正当性转换,充实宅基地与集体建设用地良性互换机制;采调整互动规则的取向,达成征收与宅基地制度的有机融动。

关键词: 农地制度, 联动改革, 时代意涵, 立法成效, 法治目标

Abstract: The deepening of the linked reform of the rural land system is an inevitable demand of the new era of socialism, and it is the right thing to do in order to implement the high-quality development of China's agricultural land system under a systematic concept, in line with the “Chinese modernization”.The nearly five-year joint reform of the agricultural land system has resulted in the legislative transformation of pilot experiences, but there are still many reasonable institutional experiences that have not yet been absorbed by the existing law, and some laws have triggered conflicts of interest in their operation, which are worthy of deep concern.The deepening of the joint reform of the agricultural land system should be further concerned with the rights-based correction of “power-centredness” and the enhancement of the connotation and ranking of legal values and functions to promote the reform of the agricultural land system, to clarify the attribution of property rights and boundaries of authority, to smoothem the flow of factors and urban-rural integration, to coordinate effective markets and active governments, and to choose reasonable rights models and systematic rules.The new system of legal governance of the joint agricultural land system is led by the rule of law: the rule of “equal land and equal rights” effectively promotes the equal rights of state-owned land and collective land; along the path of coexistence of public welfare and market access, the conflict between the rules of the land expropriation and collective construction land systems is reconciled; through the conversion of land use legitimacy, the land use of residential land and collective construction land is enriched.The mechanism of benign exchange between residential land and collective construction land is enriched by the conversion of land use; the adjustment of interactive rules is adopted to achieve the organic integration of expropriation and residential land system.

Key words: Agricultural Land System, Linked Reform, Contemporary Meaning, Legislative Effectiveness, Rule of Law Objectives