论“三权分置”与我国农地产权制度的立法重构

“Three Rights Division” Theory and Legislative Reconstruction of China Farmland Property Institution

伴随家庭承包地的大面积流转,农村土地产权客观上被分割为集体所有权、农户承包权和新兴农业经营主体经营权三权,"三权分置"从实践经验走向法律规范的关键是明析三权尤其是承包权与经营权的性质、各自的权能界限及相互关系。

With the massive transfer of family contracted land,the rural land property right has objectively been divided into three rights,namely collective ownership of rural land,land-contract right and the right to manage land. The key of three rights division from the practical experience to the legal norms is how to define the legal character of three rights specially the contract and management rights and how to designate their respective power limits and mutual relations.