土地承包经营权因其关系到农民最基本的日常生产、生活,已经成为广大农村公民最为关心的热点问题之一。土地承包经营权是我国农村土地法律制度中特有的概念,是我国农村集体经济组织实行土地承包责任制的产物。这次《物权法》的出台,对于一些在《农村土地承包法》中比较模糊的问题作出了更为明确的界定和规范。专家指出,在土地承包经营的法律实践中,一些涉及土地承包的问题曾困扰着农民朋友,例如,到底什么是土地承包经营权?谁有资格承包经营村里的土地?土地承包经营权究竟是何时生效的?土地承包合同约定的承包期未满,村委会要调整承包地,这样可以吗?有人想买承包地建工厂、房屋,可不可以卖?等等,这些问题在《物权法》中都有了明确规定。《物权法》的出台,对于明确土地承包经营权的性质、内容等方面作出了明确的界定和支撑,进一步巩固和完善了国家对农村土地的法律调整,对推动农村经济发展,保护农民的合法权益有重要的意义和作用。笔者针对近年来有关农村土地的一些敏感问题,结合《物权法》进行了深入浅出的阐述、解读。希望对广大读者准确理解、学好用好、自觉遵守《物权法》起到积极的推动作用。特别是希望能对畜牧业的相关企业依法用地,把握住法规尺寸有所帮助。 Because of its relation to peasants’ basic daily production and living, the land contractual management right has become one of the hot issues that the majority of rural citizens are most concerned about. Land contractual management right is the peculiar concept in the legal system of rural land in our country, which is the product of the contractual responsibility system of land contracted by Chinese rural collective economic organizations. The promulgation of the “Property Law” made a clearer definition and standardization of some of the more vague issues in the Rural Land Contract Law. Experts point out that in the legal practice of land contracting management, some issues concerning land contracting have plagued farmers and friends, for example, what is the right to contractual management of land and who is qualified to contract to operate the land in the village? When the land contractual effect of the contract period is less than the contract period, the village committee to adjust the contract to the land, is it possible? Some people want to buy contract to build factories, houses, can sell ?, These issues in the “Property Law” Have a clear rule. The promulgation of the Real Right Law clearly defines and supports the definition of the nature and content of the land contractual management right and further strengthens and improves the legal regulation of rural land by the state, which is of great significance in promoting the rural economic development and protecting the legitimate rights and interests of peasants Has important significance and role. In light of some sensitive issues concerning rural land in recent years, the author expounded and explained profound theories in simple terms in light of the Real Right Law. I hope readers understand accurately, learn to use well, conscientiously abide by “Property Law” play an active role in promoting. In particular, we hope to help the animal husbandry related enterprises to land according to law and grasp the size of laws and regulations.