土地承包经营权出资与合作社破产的法律冲突与协调

Legal Conflict and Coordination between Right to Contracted Management of Land and Bankruptcy of the Cooperative Society

我国农村土地承包经营权因兼具财产和社会保障双重属性而不能自由转让的特性,决定了农村土地承包经营权出资后在合作社破产时不能成为破产财产。为了协调农村土地承包经营权出资与合作社破产的冲突,我国可以借鉴法国规制劳务出资的法律措施,创新农村土地承包经营权出资与合作社破产之间冲突的协调机制。

Owing to the dual attributes of the property and social security, the right to the contracted management of land in our country cannot be transferred freely, which decides it cannot become the bankrupt property after the right has been contracted when the cooperative society is bankrupt. In order to coordinate the legal conflict between the right to the contracted management of land and bankruptcy of the cooperative society, we should draw upon the legal rules which are used in France to regulate labor services, and construct coordinating mechanism between the right to the contracted management of land and bankruptcy of the cooperative society.