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最近通过的《农村土地承包经营法》把承包经营户作为承包经营权主体,理论上有互相矛盾之处,也不符合现实情况。本文认为其主体是集体经济组织内的成员个人。本法虽然赋予承包经营权物权性质,但是权利的内容设计上没有很好处理国家、集体和农民三方的利益关系,会出现行政权利的过度渗透农村基层,承包经营权流转受限,集体经济组织利益受损等后果。
The recently adopted Law on Contracting and Management of Rural Lands has contracted business operators as the main body of contractual management rights, which in theory has contradictions with each other and does not conform to the actual situation. This article considers that the main body is a member of collective economic organizations. Although the law gives the nature of the right of contractual management, the content of the right is not designed to properly handle the interest relations among the state, the collective and the peasants. There will be excessive penetration of administrative rights in the rural grassroots, limited circulation of contracted management rights, and collective economy Organizational interests and other consequences.