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开展确权登记颁证是稳定和完善农村土地承包关系的重要基础性工作。在确权方式上,存在确权确地和确权确股不确地两种形式。土地承包经营权转化为股权有着特殊的变迁机理,也被赋予了不同的产权内涵。土地股权是一种剩余索取权,还是一种准按份共有的用益物权,在理论上尚未达成共识,也制约了确权实践的开展。本文在明晰确股本质属性和优劣势的基础上,通过对广东省南海区、顺德区以及中山市确股案例的考察,深入分析确权确股不确地面临的制度约束条件,提出了相关建议。
Carrying out the confirmation of registration of certification is an important foundation for stabilizing and improving the contractual relationship between rural land. In the way of confirming the power, there are two kinds of forms that the affirmative power indeed exists and the affirmative power is indeed imprecise. Land contractual management rights into equity has a special mechanism of change, but also been given a different connotation of property rights. Whether land ownership is a kind of residual claim or a kind of common usufructuary right in accordance with a certain share has not reached a consensus in theory and also restricts the development of the law of sureness. On the basis of clarifying the essential nature and the advantages and disadvantages of the exact stock, this article analyzes the system constraints confronting China’s stock market in South China Sea, Shunde District and Zhongshan City, Guangdong Province, Suggest.