论“户”的主体构造及相关土地承包经营权益冲突

On Subjective Construction of “Family” and Conflicts of Relevant Contract Management Right to Rural Land

以家庭承包方式取得承包经营权采取了以"户"为单位的主体构造模式,这是由土地承包经营权的制度价值、家庭与农业的特殊适应性及中国传统农业运行模式与经验等因素决定。由于"户"的法律主体性及家庭的易变动性,农民个体之间土地承包经营权益冲突也相伴而生。在理论上将通过家庭承包方式取得的土地承包经营权界定为共同共有关系有利于相关纠纷的解决。在此基础上,从妇女土地承包经营权权益维护的角度及土地经营权继承纠纷避免的角度对土地承包经营权的主体构造问题进行了进一步分析,并提出了维护妇女土地承包经营权益及避免继承纠纷的制度方案。

The contract management right to rural land, based on family contract management, uses the subjective construction of ＂family＂. The mode is determined by the system value of contract management right to rural land; the special suitability between family and agriculture; and the Chinese traditional operating mode and experience on agriculture. Due to the legal subjectivity of ＂family＂ and its liability, conflicts of contract management right to rural land between individual peasants occurred frequently. In theory, defining the contract management right to rural land as join possession can solve the problem. Based on it, the paper further analysis the subjective construction of contract management right to rural land from the perspective of protecting female contract management right to rural land and avoiding inherited conflicts of rural land management right; it proposes a solution to the above problems.