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随着家庭承包从经营层面到分配层面的转移,权利内容从使用权到处分权的扩展,使家庭承包经营权与其他方式承包经营权之间出现了一些新的不同点。家庭承包是分配层面的一种分配形式,权利内容是次级所有权;权利分置是集体终极所有权、农民家庭次级所有权和经营权分置;流转的是次级所有权和经营权。而其他方式承包只是经营层面的一种经营形式,权利内容是占有、使用、收益等经营权,是一种合同债权;权利分置是集体所有权、承包权和经营权分置;流转的是承包权和经营权。
With the transfer of family contract from the management level to the distribution level, the expansion of the right content from the right to use right to decentralization brings some new differences between the family contractual management right and other modes of contractual management right. Family contract is a form of distribution at the distribution level. The content of rights is sub-ownership. The division of rights is the ultimate ownership of the collective, the sub-ownership of farmers and the separation of management rights. The transfer of sub-ownership and management rights. However, the contracting of other modes is only a form of management at the level of management. The content of rights is the right to operate such as possession, use and profit. It is a type of contractual claims. The division of rights is the division of collective ownership, contracting rights and management rights. Rights and management rights.