关键词: 农村承包地, 土地确权, 三权分置, 包地权, 经济社会权利

Abstract: The readjustment of contracted lands frustrates the confirmation of the right to operate contracted land and improvement of separating the ownership of rural land, contract rights and management rights. The readjustment is based on the concept that the members of the collective economic entities shall have the right to undertake the contracts equally for survival, on the theory that members enjoy the right to claim for distribution of the land, and on the view that the collective economic entities shall have the right to adjust the land. In this paper, we believe the current governance pattern and the idea of rule of law can no longer adapt to the status quo. The right to contract a rural land is not a right in civil law, but a constitutional right. The right to operate contracted landing should be established and protected on the basis of large-scale production, the marketization and modernization of agriculture. The collective economic organizations should not readjust the land that has been given out to households and households’right to manage the contracted land must not be disturbed.

Key words: Rural Contracted Land, Confirmation of the Right to Operate Contracted Land, Separating Ownership Rural Land, Contract Rights and Management Rights, Right to Contract a Rural Land, Economic and Social Rights