承包经营权的基本假设是承包人与经营人不分离,在人地分离的条件下,承包权与经营权应予以分立,并分别予以确认与保护。承包权应基于其权利主体身份重点强调权利限制,而经营权则着重强调经营自由。 The basic assumption of the right to contract management is that the contractor and the operator are not separated. Under the condition of separation of people from each other, the right to contract and management should be separated and be confirmed and protected respectively. The right of contracting should be based on the main body of its rights, with emphasis on the limitation of rights, while the right of management emphasizes the freedom of management.