农村土地集体所有的自由与限制

就法规的纵切面言,有必要全面的从民法通则的规定起,探讨集体所有之主体定位与国家监督机制;就法规的横切面言,有必要衡量整体地籍整理的程度,以决定是否建立登记生效制度,并从市场的观点,探讨土地承包经营权任意转让的自由度,或从政策的角度,从农业用地常须为转作、转用的限制着手整理土地承包经营权的内容等。

Freedom and Restriction of the Countryside Farmland Collectivity-Owned System

As far as the longitudinal section of the code, it is necessary to discuss that the subject of the collectivity-owned system should lie in the national supervision mechanism from the regulation of the General Principles of Civil Law totally. As far as the cross section of the code,it is necessary to scale how the farmland is coordinated before determining whether to set up registration of effectiveness system. And from the point of the market,the article discusss the person having the right to contract for management of land,the extent of freedom of the transformation, or from the point of the policy,even from the restriction that the farmland is often regarded as the transformation to other usage to regulate the content of the farmland contract management.