论农村土地承包经营权流转制度的完善

目前,对农村土地承包经营权的流转问题争议较大,现行制度存在许多有待完善之处。应当允许土地承包经营权的抵押,取消转让须经发包方同意的限制,变土地承包经营权取得采意思主义模式为登记成立要件主义模式,将其设定与流转的公示加以统一。

Perfection of the Circulating Institution of Contractual Operation Right of Land

There are some discussible questions about the Circulating institution of Contractual operation right of land, and the existing legislation system in china has many deficiencies. The author advocates that the legislation should allow a mortgage of the land contract of managerial , abrogate the limitation that its transfer must be agreed by the person giving out the contract,change the pattern of meaning creed into registration establishing creed,and unify the publication of its establishment and circulation.