土地承包经营权的特征与物权、债权性质差异--以《农村土地承包法》为分析依据

《农村土地承包法》规定了物权性质的土地承包经营权和债权性质的土地承包经营权两类,本文从分析土地承包经营权概念入手,首先研究了土地承包经营权的法律特征,其次对土地承包经营权的物权性质与债权性质之九方面差异进行深入研究,从中明确提出《农村土地承包法》重点和核心是调整和规范物权性质的土地承包经营权,达到真正赋予农民长期而有保障的农村土地利用权。

Study on the Differences among the Characteristics of the Right of Contracting and Managing of Land, Property Right and Creditor's Right -- Based on the Law of Contracting of Land in Rural Area

This article takes Law of Contracting of Land in Rural Area as a cut-in point, firstly studying on the legal characteristics of the right of contracting and managing of land, then making a deeper research on the property right and creditor's right of the right of contracting and managing of land. And it clearly brings an idea that the key of Law of Contracting of Land in Rural Area is the adjustment of property right of the Law of Contracting of Land in Rural Area, and guaranteeing the right of the farmers to use the land for a long time with security.