试析我国农村土地承包经营权的性质

managing rights of Lawful nature of rural land under household responsibility

农村土地承包经营权是我国农村土地制度的核心。对于土地承包经营权的法律属性,学术界曾经存在较大的分歧。结合对《中华人民共和国农村土地承包法》条文的理解,从几方面论证了土地承包经营权是物权;与传统的用益物权永佃权进行了差别比较;指出农村土地承包经营权有关制度尚须完善。

Rural contracted management rights of land is the core of rural land system of China.The views of academic circles were divergent on managing rights of lawful nature of rural land under household responsibility.With the understanding of the articles of the Rural Land Manage Law of PRC,this thesis proves rural contracted management rights of land should belong to title from several aspects and is much different from emptyteusis,a form of the usufructuary right of traditional civil law.Certain relevant legal system of rural contracted management rights of land needs perfecting further.