农村土地承包经营权流转的法律问题.docVIP

PAGE 毕 业 论 文 题 目：农村土地承包经营权 流转的法律问题 院 （部）： 法政学院 专 业： 法学 班 级： ×× 姓 名： ×× 学 号： ×× 指导教师： ×× 完成日期：×年×月×日 ××大学毕业论文 PAGE IV 目 录 TOC \o 1-3 \h \z \u 摘 要··································································Ⅲ ABSTRACT····························································Ⅳ 1 前 言·································································1 1.1对农村土地承包经营权流转中的法律问题研究的目的和意义··················2 1.2本文研究的内容························································2 2农村土地承包经营权流转制度的立法现状 2.1关于农村土地承包经营权流转的原则······································3 2.2农村土地承包经营权流转法律制度的主体··································4 2.3农村土地承包经营权流转的程序··········································4 2.4农村土地承包经营权的流转方式··········································4 2.4.1农村土地承包经营权转让··············································5 2.4.2农村土地承包经营权转包··············································5 2.4.3农村土地承包经营权出租··············································5 2.4.4农村土地承包经营权互换··············································5 2.4.5农村土地承包经营权入股··············································5 2.4.6农村土地承包经营权抵押··············································5 2.4.7农村土地承包经营权继承··············································5 3农村土地承包经营权流转法律制度的不足 3.1农村土地承包经营权转让过程中土地所有人的地位相矛盾····················6 3.2各流转方式之间内涵外延界定不清，存在交叉重叠现象······················6 3.2.1关于转让与互换······················································6 3.2.2关于转包和出租······················································6 3.3流转方式的缺失——关于抵押和继承······································7 3.3.1关于抵押····························································7 3.3.2关于继承····························································7 3.4流转登记制度不严密，存在前后矛盾的立法主张····························7 4关于完善农村土地承包经营权流转制度的几点设想 4.1明确土地所有人在农村土地承包经营权流转中的作用和角色··················7 4.2明确转让和互换以及转包和出租的外延和内涵······························9 4.3法律应该认可和保护农村土地承包经营权流转中存在抵押和继承流转方式······9 4.4完善农村社会保障制度、农村救济制度等相关的制度·······················10 5 结 论·····