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我国目前的土地承包经营权有两种类型:家庭承包和市场承包。我国法律因没有严格区分家庭承包和市场承包,导致了物权变动中登记制度或缺失或多余。为此,应将家庭承包下的土地承包经营权的变更模式设为意思主义,而将市场承包下的土地承包经营权的设立模式设为登记对抗主义。
At present, there are two types of land contractual management right in our country: family contract and market contract. Due to the fact that our country’s law does not strictly distinguish between family contract and market contract, the registration system in the change of property rights is either missing or redundant. Therefore, the change mode of the land contractual management right under the household contract should be regarded as the meaning doctrine, and the establishment mode of the land contractual management right under the market contract should be set as registration antagonism.