土地承包经营权的立法过程中,最核心的问题是在坚持其用益物权的前提下,使得“经营权”发挥担保的权能。由于具有保障属性的土地承包经营权仍具有物权的属性,因此经营权应当采取债权性质的租赁权模式。通过比较法的研究,将“经营权”设计为承包地租赁权,进而通过登记使得这种债权性质的租赁权物权化,即可以满足其流转抵押的需要。 The most crucial issue in the legislative process of land contractual management right is the ability to guarantee the right to operate under the premise of insisting on the usufructuary right. Since the contracted management right of land with security attributes still has the property right, the right to operate should adopt the mode of leasehold with the nature of creditor’s rights. Through the study of comparative law, the “management right” is designed as the leasehold of contract land, and then the right of leasehold property can be satisfied by the registration.