当前理论界和实务界对土地经营权性质的认识大致有物权说、债权说、物权化债权说(将土地经营权定性为债权,同时又赋予其转让、抵押等物权权能)这三种观点。鉴于土地经营权是“三权分置”改革理论新创设的权利,尚没有被我国法律所规定,所以对土地经营权性质的认定并不能从现有法律中找依据,只能从应然的视角分析。这一应然的法律性质分析应当服务于改革 The theory and practice of the current theory of the nature of land management generally have the right to say that debt claims that the claims of real rights (that the land management rights as claims, while giving its transfer, mortgage and other property rights) Kind of view Since the land management right is a new creation right of the “three power division” reform theory, it has not yet been stipulated by the law of our country. Therefore, the determination of the nature of the land management right can not be found from the existing law, However, the perspective of analysis. This proper analysis of the legal nature should serve the reform