农村土地承包经营权新论——对其性质的再认识

物权说、债权说两种学说从不同的角度和层面,对我国农村土地承包经营权的性质进行了探讨,但是,不能全面说明我国农村土地承包经营权的形成、历史变化及其现实。从农村土地承包经营权形成过程的实证分析角度而言,它无疑是一种债权。然而,农村土地承包经营权自诞生以来就处在不断的发展变化之中,从其发展变化的实证分析角度而言,它逐渐从一种债权性的权利向物权性的权利演变。

A New Reflection on the Contracted Management Right of Rural Land——The Recognition of Its Nature

The theory of right in rem or the theory of creditor's right discusses the nature of the contracted management right of rural land in our country from various angles and layes, However , both theories cann't explain the contracted management right of rural land's formation?historic change and its reality. Though the contracted management right of rural land is a kind of creditor's right in the aspect of real evidence of its forming process, the contracted management right of rural land is changing continuously. It has been changing into a kind of right in rem from a kind of creditor's right gradually in the aspect of its development.