土地承包经营权流转方式的法理解析

Legal Analysis of Transfering Way of the Right to the Contracted Land

我国目前土地承包经营权流转的法定方式主要有转包、出租、互换、转让、入股和抵押,但由于对其内涵认识上的分歧,部分流转方式的确定缺乏法理基础。转包和出租因为不转移土地承包经营权,不应成为流转方式;转让和互换属于土地承包经营权的流转方式;抵押本身就不是土地承包经营权的流转,需要删除;入股对于完善我国土地承包经营制度具有积极意义,应当进行大胆的探索。

The legal ways of the contracted land circulation in our country at present are mainly sub-contract,renting,exchanging,transfer,contribution and mortgage,but because of its connotation differences on the understanding of determination of transfer,some of the ways of the contracted land circulation are lack of legal basis.Subcontracting and rental should not belong to the transfer since there is no transfering right to the contracted land,but transfer and swap belongs to the contracted land transfer.Mortgage itself is not the contracted land circulation,which needs to be excluded.We should try implementing the way of buying a share,which is of great significance to perfect the system of the contracted land.