对于土地承包经营权的性质,理论界历来争论不休,主要是债权说与物权说之争,此外还有劳动关系说以及具有债权性质的不纯粹物权说、新型物权说等。随着《农村土地承包法》的出台和实施,土地承包经营权的性质似乎已成定论,但对这部法律进行分析后不难发现,在这部法律中其实存在着两种土地承包经营权:一种是以家庭承包方式获得的土地承包经营权;另一种是以其他方式承包获得的土地承包经营权。对该法第44条,有专家将其解释为:“家庭承包与其他方式的承包在承包的主体、方法、原则和承包地的功能等方面,都存在重要的区别。因而,立法应当区别对待。”而所谓的区别对待,根据《关于 For the nature of the land contractual management right, the theoretical circle has always debated endlessly, mainly the dispute over claims and property rights, as well as the labor relations theory and the impure property right with the nature of debt claim. With the promulgation and implementation of the Rural Land Contract Law, it seems that the nature of the land contractual management right has come to a conclusion. However, an analysis of this law shows that there are actually two types of land contracting and management rights under this law : One is the land contracting and management right obtained through family contract; the other is the land contracting and management right contracted by other means. According to Article 44 of the Law, some experts interpret it as: “There are important differences between the contracting of family contract and other modes of contracting in terms of the subjects, methods and principles of contracting and the functions of the contracting land. Therefore, the legislation should be distinguished Treat. ”And the so-called difference, according to" about