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本文以四宗农村土地承包经营纠纷诉讼案件为例,从承包经营、合同解除和司法救济三个方面对相关主体的角色表现进行了分析。结果表明,当前承包方所获得土地承包经营权的保障程度较低,发包方的强势地位十分显著,《农村土地承包法》对土地承包经营权的保障作用非常有限。在此基础上,本文主张应分别以“发包权”和“占有权”为基石来构建农村土地集体所有权和承包经营权的法定内容,并就完善相关制度提出了建议。
In this paper, four cases of disputes over land contract and management in rural areas are taken as examples to analyze the roles of relevant parties in three aspects: contract management, contract dissolution and judicial remedy. The result shows that the current contractor has a low degree of protection of the land contractual management right, and the strong position of the contractor is very significant. The “Rural Land Contract Law” has a very limited guarantee for the right of land contractual management. On this basis, this paper advocates that the legal content of rural collective land ownership and contractual management right should be built on the basis of “contractual right” and “right of possession” respectively, and suggestions for perfecting the related system are put forward.