土地承包经营权的继承:三权分置下的必然选择

The Inheritance of the Right to the Contracted Management of Farmland:the Inevitable Choice under the Model of Farmland Subject to Division of Three Rights

关于土地承包经营权的继承问题,现行法律没有明确规定,学说观点呈现出不可继承说与可继承说的分歧,其争点在于:土地承包经营权的权利主体、权利性质、权利功能。三权分置模式下土地承包经营权可继承属于必然选择。

The existing law doesn't set clear legislation about inheritance of the right to the contracted management of farmland.The legal theory shows that the controversy whether it should be prohibited for the inheritance of the right to the contracted management of farmland. The main differences lie in three aspects:the subject of the right,the nature of the right and the function of the right. Under the model of farmland subject to division of three rights,it is a necessary choice that the right to the contracted management of farmland can be inherited.