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土地承包经营权从权利内部结构上具有二元性:从对承包地的支配角度分析是用益物权,从集体经济组织内部关系看,是集体经济组织成员权。用益物权是一种财产权,集体经济组织成员权是一种与身份相关的权利,土地承包经营权的权利结构中同时具有成员权和用益物权二元结构属性。为了更好保护农民权益,土地承包经营权分解为两个相对独立的权利:农村土地承包权和农用地使用权,并将农用地使用权创设为一项可继承、可自由转让的私人财产权。
The contracted management right of land has the duality from the internal structure of the right: From the perspective of the contracting land, it is the usufructuary right. From the internal relations of the collective economic organization, it is a member of the collective economic organization. The usufructuary right is a property right, and the member right of the collective economic organization is a kind of identity-related right. The right structure of land contractual management right has the dual structural attribute of the member right and usufructuary right at the same time. In order to better protect the rights and interests of peasants, the rights of land contracting and management are decomposed into two relatively independent rights: rural land contracting rights and agricultural land use rights, and establishing the right to use agricultural land as an inheritable and freely transferable private property right.