论中国农村土地承包经营权的继承

土地承包经营权是中国农民及其他农业生产经营者占有和经营土地的权利,是耕者有其田的具体体现.由于我国继承法制定时间较早,长期以来对于农村土地承包经营权的性质又存在争议,对于刚颁布的物权法中土地承包经营权的流转方式范围也存在不同的认识.因此,农村土地承包经营权是否能作为遗产继承、继承是否能作为土地承包经营权流转的方式成为值得研究的问题.

On Succession of Right to Land Contracting Management of Chinese Rural Areas

Land contracting management right is a kind of right for Chinese farmers and other agricultural procreators to possess and management land.Also,it is the embodiment for every farmer to hold his land.However,because enacting and promulgating our Succession Law took place long time ago,during which there exists the dispute about character of land contracting management right,and the difference on the mode of transferring of land contracting management right of Real Right Law,many problems are worth researching in this field.For example,land contracting management right could be inherited as inheritance or could not.And what is more,whether succession will become a form of transferring of land contracting management right is a problem discuss here.