承包法与农地权利制度完善

农地具有农村社会保障和生产要素两个方面的基本功能,农地资源的稀缺性导致了两项功能的冲突,并继而转化成为公平和效率的立法价值冲突。从法律的价值选择出发,运用结构分析的方法阐述了农地承包经营权与其他相关权利的关系,并提出了完善农地权利制度的建议。

The Law of Land Contract and Farmland Rights Institutional Improvement

The farmland has two basic functions of rural social security and factor of production. The rareness of farmland resources has caused the conflicts of these two functions, and then transforms to conflicts between fairness and efficiency, which are both legislative values. Based on the value option of the law, this paper exposits the relationship between farmland contractual management rights and other relevant rights by structure analysis method, and then offers the suggestion of perfecting farmland rights system.