《民法典》和《农村土地承包法》规定的集体经济组织成员对土地经营权的优先权是落实“三权分置”政策的重要内容。两种类型的土地经营权皆源自于集体土地所有权,而落实集体土地所有权的重要路径便在于明确界定农民集体成员权的内涵。...《民法典》和《农村土地承包法》规定的集体经济组织成员对土地经营权的优先权是落实“三权分置”政策的重要内容。两种类型的土地经营权皆源自于集体土地所有权,而落实集体土地所有权的重要路径便在于明确界定农民集体成员权的内涵。土地承包经营权属于农民集体成员权中的财产性权利(自益权),由此派生出农民集体成员对土地经营权的优先权。农村集体经济组织承载了农民集体作为所有者的职能,其成员也相应地享有农民集体成员权,使得赋予农村集体经济组织成员以优先权具备理论正当性。为完善农村土地产权的制度体系,此种优先权行使的主体、条件、期限、优先权竞合以及侵犯优先权的处理问题值得深入研究。The priority of members of collective economic organizations over land management rights stipulated in the Civil Code of the People’s Republic of China and the Law of the People’s Republic of China on Land Contract in Rural Areas is an important part of the implementation of the “separation of three powers” policy. Both types of land management rights originate from collective land ownership, and an important way to implement collective land ownership is to clearly define the connotation of farmers’ collective membership rights. Land contract management rights belong to the property rights (self-benefit rights) among farmers’ collective membership rights, from which the priority rights of farmers’ collective members in land management rights are derived. Rural collective economic organizations bear the functions of farmers’ collectives as owners, and their members also enjoy the rights of farmers’ collective membership accordingly, which makes it theoretically legitimate to give priority to members of rural collective economic organizations. In order to improve the institutional system of rural land property rights, the subjects, conditions, and deadlines for the exercise of such priority rights, the issues of competing priority rights, and the treatment of priority infringements are worthy of in-depth study.展开更多
文摘《民法典》和《农村土地承包法》规定的集体经济组织成员对土地经营权的优先权是落实“三权分置”政策的重要内容。两种类型的土地经营权皆源自于集体土地所有权,而落实集体土地所有权的重要路径便在于明确界定农民集体成员权的内涵。土地承包经营权属于农民集体成员权中的财产性权利(自益权),由此派生出农民集体成员对土地经营权的优先权。农村集体经济组织承载了农民集体作为所有者的职能,其成员也相应地享有农民集体成员权,使得赋予农村集体经济组织成员以优先权具备理论正当性。为完善农村土地产权的制度体系,此种优先权行使的主体、条件、期限、优先权竞合以及侵犯优先权的处理问题值得深入研究。The priority of members of collective economic organizations over land management rights stipulated in the Civil Code of the People’s Republic of China and the Law of the People’s Republic of China on Land Contract in Rural Areas is an important part of the implementation of the “separation of three powers” policy. Both types of land management rights originate from collective land ownership, and an important way to implement collective land ownership is to clearly define the connotation of farmers’ collective membership rights. Land contract management rights belong to the property rights (self-benefit rights) among farmers’ collective membership rights, from which the priority rights of farmers’ collective members in land management rights are derived. Rural collective economic organizations bear the functions of farmers’ collectives as owners, and their members also enjoy the rights of farmers’ collective membership accordingly, which makes it theoretically legitimate to give priority to members of rural collective economic organizations. In order to improve the institutional system of rural land property rights, the subjects, conditions, and deadlines for the exercise of such priority rights, the issues of competing priority rights, and the treatment of priority infringements are worthy of in-depth study.
