农村土地承包经营权是集体土地所有权自我分离、转化与实现的结果,是集体成员利用集体土地的一种方式,并不是大陆法系典型意义上的他物权。农村土地承包经营权起到了与市场经济发达国家和地区的农地所有权相类似的经济社会功能,承载着农民群体人权保障与人格发展的促进功能,在价值内涵和发展方向上与传统大陆法系永佃权制度迥然不同。因此,在检讨我国传统双层所有权制度及思想、罗马法绝对所有权观念及其演进、日耳曼法双重所有权观念及其发展、我国农地物权制度现实运行状况的基础上,应当继承适应我国人多地少特殊国情而产生的双层所有权制度及其思想,扬弃罗马法传统基础上形成的所有权中心主义思想及其物权体系,打破所有权中心主义,合理吸收日耳 The rural land contracting and management right is the result of the self-separation, transformation and realization of the collective land ownership. It is a way that the collective members use the collective land. It is not the real right of property in the typical sense of the civil law system. Rural land contracting and management rights play an economic and social function similar to the ownership of agricultural land in developed countries and regions in the market economy and carry the promotion function of the protection and development of human rights of peasants. In terms of value connotation and development direction, The system of permanent tenancy is very different. Therefore, on the basis of reviewing the system and thought of traditional double-decker ownership in our country, the concept of absolute ownership of Roman law and its evolution, the dual ownership concept of German law and its development, and the actual operation of the system of agricultural land ownership in our country, The system of double ownership and its thinking resulting from the special conditions of the country and the land less developed by the special conditions of the country, abandoning the ownership-centered ideology and the system of property rights formed on the basis of the Roman law tradition, breaking the ownership-centered principle and properly absorbing Japanese ear