土地承包经营权的较弱物权性评析

Evaluation and Analysis on Land Contract and Management Rights

土地承包经营权是我国独有的一种用益物权。现行法律对其做了诸多限制,使其具有较弱的支配性、较弱的对世性等特点,是一种物权性较弱的物权,同时也带来了一些问题。对土地承包经营权的较弱的物权性进行评析,并提出一些完善的建议。

Land Contract and Management Right is an exclusive usufruct of our state. The existing law has imposed many restrictions to it and made it featured by poor dominant trait, weak right in rem and etc. It is a kind of real right of very weak real nature. These features bing some questions. This article is aimed at some evaluation and analysis on real nature of land contract and management right, and meantime gives some perfect proposals.