Abstract:The possession, use and income of the land by the owner of the right of operation, transfer and mortgage the management right may involve the unauthorized possession of Article 242 of Real Right Law.If Article 242 is applied, the right space of farmland management right will be reduced.If it is not applied, it will lead to the damage of the interests of the contracting party and even to the collective ownership.On the occasion of the compilation of the civil code, only by distinguishing specific types of unauthorized possession involving the right of farmland management and pertinent application, can the balance of collective ownership, peasant household contract rights, and the rights and interests of rural land management rights be reached, to maintain stable operation and benefit growth of farmland, and to provide a reliable system supply for the strategy of Rural Revitalization.
刘云生. 土地经营权所涉无权占有类型区分与法律适用[J]. 法学家, 2019, 0(2): 135-147.
LIU Yun-Sheng. Classification of Types and Application of the Unauthorized Possession of the Land Management Rights. , 2019, (2): 135-147.