探析农地使用权的物权法律属性

关于农地使用权的法律属性 ,学术界有物权说和债权说。依据传统民法理论 ,物权与债权是互动的 ,物权既是债权的前提 ,又是债权的归宿 ,并且二者可以相容于同一物之上。农地承包合同是一种合同之债 ,由此产生债权 ,即农户依合同享有请求农村集体经济组织交付土地与自己占有的债权。然而 ,当这一债权实现之后 ,农户又享有了对该农地占有、使用、收益以及一定处分的用益物权 ,产生了一种新物权 ,这便是农地使用权。在农地上 ,物权和债权互动的结果使二者相容于这一特定物之上 ,农地使用权的物权属性也自然彰显出来。

Analysis of the Legislative Attribute of Property Right of Access to Farmland

As to the legislative attribute of access to farmland, there are two parlances in academic circles: property right and creditor's right. According to traditional civil law, property right and creditor's right are interchangeable. Property right is both the prerequisite to creditor's right and the end result of creditor's right. What's more, they may integrate into one. Farmland contract is the debt from contract, from which springs creditor's right. That is: peasant household enjoys the creditor's right to ask the organization of country collective economy to turn the farmland over to his occupation. However, when the creditor's right is realized, peasant household will also enjoy the property right to occupy, use, harvest and partly dispose the farmland, thus leading to a new property right, which is called "access to farmland". On the farmland, the result of the interchange between property right and creditor's right leads to the integration of them on the same matter. As a result, the property of access to farmland is self-evident.