土地承包经营权"永佃权化"透视——罗马法永佃权制度价值之思考

永佃权系罗马法之用益物权,其充分保护了罗马时期的财产关系并扩大了其所有权权能。我国现行土地承包经营权的缺陷已迟滞了农村经济的发展,故亟需加以改进;鉴于我国现行土地承包经营权与罗马法永佃权存在天然的相似性,故充分借鉴该制度以完善现行土地承包经营权极具现实可行性,此举对最终解决中国"三农"问题暨建设社会主义新农村、改变城乡二元经济结构、实现农业生产的规模经营乃及农村城镇化均有积极深远的影响。

Making Permanent the Right to Land Contractual Management:Considering from the Value of Lease in Perpetuity in Roman Law

Lease in perpetuity is the usufructuary right in the Roman law and it fully safeguarded the property relationship in the Roman period and enlarged the powers and functions of ownership. The defect in the right to land contractual management in China is hindering the development of our rural economy, therefore this right is to be improved immediately. As there are natural similarities between the right to land contractual management in current China and the lease in perpetuity in the Roman law, it is practical and feasible for us to learn from the Roman law in this respect to improve the right to land contractual management in China. It will have positive and far-reaching influence on China's three-dimensional rural problem, on building a new socialist countryside, and on changing the binary structure of urban and rural economies so as to bring about large-scale agricultural production and management and even rural urbanization.