论农村土地承包经营权的转包

On the shift of the countryside land contracting management right

运用比较分析的方法,研究中国农村土地承包经营权的转包问题,结果表明:农村土地承包经营权的转包是一种不同于农村承包经营权租赁与转让的特殊流转方式,农村土地承包经营权转包的本质属性是物权性次级农村土地承包经营权的创设。立法应当在总结农民土地承包经营权转包实际经验的基础上,明确转包的结果是创设与永佃权相当的次级承包经营权,对次级承包经营权进行准确的法律塑造。

Using the comparative analysis the sub - contracting problems of rural land contracted management right in china was studied and the result showed ： the subcontracting of rural land contracted management right is a special form of circulation which differs from leasing the contracted management right of rural land and swapping the land - use right. Its nature is the creation of secondary contracted management right of the Property Right. The method of comparison and explanation concludes that legislation should summarize the practical experiences of peasants＇ contracted management right of rural land subcontracting and make clear that the result of it is to originate a secondary contracted management right which equals to permanent land lease and to have a accurate legal form of the secondary contracted management right.