农村土地承包经营权流转的法律问题.docx

毕业文题目：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：××指导教师：××完成日：×年×月×日目录TOC\o"1-3"\h\z\u摘要··································································ⅢABSTRACT····························································Ⅳ1前言·································································11.1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··················21.2本文研究的内容························································22农村土地承包经营权流转制度的立法现状2.1农村土地承包经营权流转的原那么······································32.2农村土地承包经营权流转法律制度的主体··································42.3农村土地承包经营权流转的程序··········································42.4农村土地承包经营权的流转方式··········································42.4.1农村土地承包经营权转让··············································52.4.2农村土地承包经营权转包··············································52.4.3农村土地承包经营权出租··············································52.4.4农村土地承包经营权互换··············································52.4.5农村土地承包经营权入股··············································52.4.6农村土地承包经营权抵押··············································52.4.7农村土地承包经营权继承··············································53农村土地承包经营权流转法律制度的缺乏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····················63.2各流转方式之间内涵外延界定不清存在穿插重叠现象······················6转让与互换······················································6转包和出租······················································63.3流转方式的缺失——抵押和继承······································7抵押····························································7继承····························································73.4流转登记制度不严存在前后矛盾的立法主张····························74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··················74.2明确转让和互换以及转包和出租的外延和内涵······························94.3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······94.4完善农村社会保障制度、农村救济制度等相关的制度·······················105结······················································