传统的永佃权与其现代意义之否定

Traditional iusemphyteuticum and the repudiation of its modern meaning

永佃权是传统民法上的一种用益物权形式 ,其在东西方的演进轨迹表明 ,它已趋向湮灭 ;表面上看 ,它与我国现行的农村土地承包经营权相似 ,但实际上二者差异甚大 ;我国《物权法》

Being a form of the usufructuary right of traditional civil law, Iusemphyteuticum has been gradually annihilated, suggested by its evolutionary process both in the East and in the West. On the surface, it resembles the current rural contracted management rights of land in our country; but, in fact, there are many differences between them. So the rural contracted mangement rights of land can not be changed into law relating to rights over things in our country.