三权分置下承包权和经营权分离的法路径

A Study of the Legal Distinction of Rural Lands' Contract Rights and Management Rights

三权分置满足经济发展的流动性需求和农业大国的稳定性需求,是农地制度改革的必然选择。土地经营权是权利用益物权,其主体无承包权主体之身份性,其内容与承包权有交叉。承包权应当命名为土地承包经营权。经营权应当命名为土地经营权,在修缮民法典物权编时加入独立章节规定。

To separate rural ownership rights,contract rights,and management rights,meeting the needs of mobilizing economic development and stabilizing a big agricultural country,is a must in rural land reform.Land management rights are usufructuary rights,whose subject has no identity like the subject of contract rights.Its content,however,overlaps with that of contracting rights.Therefore,contract rights should be stated as land contract rights while management rights should be stated as land management rights.This should be included in a separate chapter while revising the Property Rights of civil code.