Legal Reflection on Several Issues Regarding Land Contracting Management Right--With an Analysis Based Chiefly on Rural Land Contracting Law
土地承包经营权若干问题的法律思考——以《农村土地承包法》为主要分析依据

Rural land contracting features household contracting and other kinds of contracting. The land contracting management right in the nature of real right include one obtained through household contracts and one through other ways combined with legal registration. It is one of the very important civil rights with Chinese socialist characteristics. This land contracting management right is a real right in nature, which belongs both to the real right over the property of another, and to the usufructuary right over the property of another, or rather, a new type of usufructuary right. Its content should be legally defined, and it itself can be transferred freely and inherited, abandoned and mortgaged legally. The land contracted shouldn't be withdrawn or adjusted. Legislative articles concerning the transfer, leasing and subcontracting of the land contracting management right must be scientifically designed in order to sort out the relationship of rural land contract, thus providing a theoretical basis for constituting the law of property right with a view to safeguarding the contractor's legal rights and interests.