论农村土地承包经营权的可继承性

土地承包经营权性质为用益物权,多个承包人是准共有的关系。《继承法》的规定为纳入新的遗产种类预留了制度空间,土地承包经营权也符合遗产特征,具备作为遗产的可能性。从顺应遗产范围不断扩大的发展趋势、避免法律体系冲突、维护农民利益等角度出发,应当承认土地承包经营权可以继承。在土地承包经营权继承的实施上,不应对继承人作身份条件限定,遗产的分割应遵循继承法的通常方法。

On Justifiability of Inheritance of the Right to the Contracted Management of Rural Land

The right to the contracted management of land bears the nature of real right for usufruct with quasi -joint ownership by multiple contractors. The Inheritance Law avails new types of heritage of being applied so the inheritance of the right to the contracted management of land is feasible since such right conforms to the feature of heritage. The right to the contracted management of land should be permitted for inheritance by legislation in order to adapt to the trend of expended scope of heritage, to avoid the conflict of legal systems and to protect farmers＇ le- gitimate rights. And any reasons to deny such right will be unsound. As to the implementation of the right to the contracted management of land, no status limitations should be imposed on successors and the settlement of heritage should be distributed according to methods regulated in the Inheritance Law.