完善农村土地承包经营权的立法思考

Law Thoughts on Property Right of Land under Contraction and Operation

农村土地承包经营权制度自从 2 0世纪 70年代末在中国实行以来 ,取得了巨大成就 ,推动了农村社会经济发展。但在实施过程中 ,由于其表现出债权的特征而逐渐暴露出种种弊端。以物权关系改造现行土地承包经营权制度 ,已成为法学界的共识。物权立法应就土地承包经营权的取得、效力、消灭等作出具体详细的规定 。

The property right of land under contraction and operation which has been put into practice in china's rural areas has made tremendous achievements and pushed forward the social and economic development.However,defects rose gradually because of the characteristic of obligation in the process of practice.It has become the consensus of the law circle to reform the present system by means of the property relationships.The property law should stipulate detailedly and specifially the gain,the effect and the extermination so that it could become the complete law system of land under contraction and operation.