关键词: 土地承包经营权,成员权,用益物权,二元结构

Abstract: The land contracted management right has its duality in the internal structure of the right: it is a usufruct from the point of view of having dominant right over the contracted land; and it is a membership in a collective economic organization from the angle of the internal relations of a collective economic organization. The usufruct is a kind of property right, the membership in a collective economic organization is a right related to the identity; and in the right structure of the land contracted management right there is the property of dual structure at the same time: the membership and the usufruct. In order to better protect the rights and interests of farmers, the land contracted management right can be divided into two relatively independent rights: the rural land contract right and the farm land use right. The farm land use right can be established as a private property right, which can be inherited or freely transferred.

Key words: land contracted management right; membership right; usufruct; dual structure