股份田的民法学分析及立法借鉴

股份田是指股份化的农村承包经营地。股份田首创于沿海地区农民的实践,现以其灵活多样的形式为广大农民接受和认可。股份田形成过程中发生的权利转换从民法学角度讲,是农地使用权的入股而非土地所有权或成员权的表现形式。承包地的自营和承包地入股一样,都是农地使用权人利用权利获取收益的一种方式。因此,从权利的实质来看,用农地使用权取代土地承包经营权是必要的。

The civil law analysis of the stock farmland and advises on making its law stock farmland

The stock farmland,which is the joint-stock field,originates from the practice of farmers of the coastal areas and has been accepted by most farmers with its vivid variety now.The formation process of the right of the stock farmland,from the angle of the civil law,is that the right to use the field is translated into the right to hold stocks rather than its ownership or member ship.The farming of the leasehold field,just like the stock farmland,is a kind of method that the person who has the right to use it makes use of it to obtain incomes.Therefore,from the substance of the right,the right to use farmland can replace the leasehold right.