摘要： “保障进城落户农民合法土地权益”可以解读为,在尊重农民意愿的基础上,既确保农民不因进城落户而丧失其基本生存利益,又使得进城落户的农民能够借助市场机制合理安排其土地权益。然而,现行法除公法领域的原则性规定外,对于保障进城落户农民土地权益的主体规范、权利规范、行为规范等均有所缺。对此,应当确定集体自治的基本原则,并通过规定成员资格登记、保障唯一性以及“三权”等强制性规则实现主体规范的统一;应当健全以“三权分置”为中心的农村土地产权结构,并对进城落户农民的土地权益予以类型化处理,构造多层次的不同类型的权利规范;应当区分内外部的规范体系,分别构造有偿退出和有偿流转的行为规范。

关键词: 进城落户农民, 土地权益, 法治机制

Abstract: The Report of the 20th Party Congress on “safeguarding the legitimate land rights and interests of peasants settling in cities” is ensuring that farmers do not lose their basic survival interests by moving to urban areas, and enabling farmers who move to urban areas to reasonably arrange their land rights and interests through market mechanisms.However, except for the principle provisions in the field of public law, the existing laws have loopholes in regulating the subjects, rights and behaviors to protect the land rights and interests of farmers who settle in cities.Specifically, firstly, the basic principle of collective autonomy should be established, and the unification of subject norms should be realized through mandatory rules such as registration of membership, guaranteeing uniqueness and “three rights”; secondly, the structure of rural land property rights centering on “three rights” should be improved, and the structure of rural land property rights should be improved based on this.Meanuhile, it is heeded to improve the structure of rural land property rights centering on the “three separate rights”, and based on this, to typify the land rights and interests of peasants who have settled in cities, and then to construct multi-level norms of different types of rights.In addition, it is necessary to distinguish the internal and external normative system, and thus to construct the behavioral norms of paid withdrawal and paid transfer respectively.

Key words: Farmers who Have Settled in Cities, Land Rights and Interests, Rule of Law Mechanism