对土地承包经营权物权化的思考

对于土地承包经营权的性质,理论界有物权说和债权说两种主要的对立观点。从本质上说,土地承包经营权是一种具有物权化变迁趋向的债权,土地承包合同的双方当事人之间既存在债权关系又存在物权关系,自当事人协议时起产生债权关系,自发包人交付承包地或承包权登记时起产生物权关系。实践中,承包方的承包经营权常常受到侵害的原因是对其用债权而非物权方式进行保护,故应使承包经营权物权化。

Reflections on the Transformation of Property Rights From Land Contract and Management Rights

There are two opposing views,property rights.theory and creditor rights theory,in 1and contract and management right prevailing in the theoretical field.In essence,the right of land contract and management is the right with the inclination to transform into property rights.The creditor rights relationship coexists with property rights relationship between the two sides of the 1and contract agreement.The creditor rights relationship come into being when contract is signed and the relationship of property rights is established the instant the owner of land consigned or registered the contract rights.In practice,infringement of the contractor's right often attributed to being safeguarded by creditor's rights instead of property rights.Accordingly,the transformation from contract and management right to property rights should be greatly enhanced.