论土地承包经营权的物权性质及其法律保护——《物权法》出台后对土地承包经营权相关问题的再思考

土地承包经营权物权化会引起许多矛盾和冲突，立法应提供相应的解决方案。要使土地承包经营权制度健康发展，必须进一步完善集体土地所有权制度，必须明确规定土地承包经营权的权能，必须为其提供通畅的救济渠道。另外，针对土地承包经营权不可克服的弊端，法律上应当提供复数的农地经营模式以供农民根据实际情况选择。

On property rights nature and legal protection of the land contract right: More thought about the land contract right after the introduction of Property Law

Although the new Property Law had defined land contract operation right as usufructuary right,related issues were far from resolved which caused a lot of contradictions and conflicts.Legislation should provide appropriate solutions for the healthy development of land contract rights such as further improvement of collective land ownership,clear function of the land contract rights,and smooth channels of relief.In addition,this kind of right had insurmountable disadvantages,so the law should provide some oth...