Analysis of Secondary Separation of China's Rural Land Rights from the Perspective of Analytical Jurisprudence  

作　　者：Jicheng SU Hongjuan LI 

机构地区：[1]Civil,Commercial and Economic Law School,China University of Political Science and Law

出　　处：《Asian Agricultural Research》2015年第5期58-60 64,64,共4页亚洲农业研究（英文）

基　　金：Supported by Doctoral Dissertation Grant Program of China University of Political Science and Law in 2015(2015BSLW07)

摘　　要：China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.China’s rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China’s rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China’s rural land rights,in the hope of realizing real return from practice to theory and to practice again.

关 键 词：RURAL land RIGHTS SECONDARY SEPARATION HOHFELD ANA 

分 类 号：D922.32[政治法律—法学]