In the recirculation of the two types of land operation rights,the principle of distinction is adopted in terms of registration capacity and registration effect.In the recirculation stage,the rules for the circulation of land management rights inherited from land contracting and management rights adopt the effect of registration confrontation,and"without registration,no bona fide third party shall be opposed"is interpreted to mean that the necessary conditions for unregistered to be able to confront a malicious third party and a bona fide third party are registered,and the effect of registration confrontation is manifested in the priority and relative credibility of registration and publicity compared with other publicity methods,and the possession,use and filing with the employer play a role in judicial practice as the substantive investigation content for determining the good faith of a third party.The legitimacy of the effective effect of registration lies in the relative independence of the change of the recirculation of such land operation rights in the positive law,and the principle of publicity of real estate rights is applicable,while the substantive legitimacy lies in the value orientation of the efficient use of land resources in the rural"four wastelands"through market mechanisms.In addition,the bona fide acquisition system can be applied in conjunction with the special regulatory purpose of the recirculation of such land management rights.
关键词
用益物权/土地经营权再流转/登记对抗效力/登记生效效力
Key words
benefits property rights/re-transfer of land management rights/antagonistic effect of registration/effective effect of registration
维普
万方数据