In the Civil Code there are two types of the land operating rights. One is based on the circulation of the conventional usufruct on rural land for agriculture operations, which is the secondary usufruct with identity attribute removed. The other is juxtaposed with the conventional usufruct on rural land for agriculture operations, which is the agriculturalland usufruct without identity attribute. From the rules of the establishment, these two kinds of right are based on different sources, but both are the right of the direct control over agricultural land. There is no provision for the recirculation of the land operating right in the Civil Code, and it only stipulates the conditions for the circulation contracted by other means in article 342. It is necessary to apply the conditions for the recirculation in accordance with the provisions of laws on the contracting of rural land. This will influence the effect of real right change. The security interests created by these two kinds of right are both included in mortgage, and the effect of demonstration respectively are registration confrontation and registration validity.
李国强. 《民法典》中两种“土地经营权”的体系构造[J]. 浙江工商大学学报, 2020, 34(5): 26-37.
LI Guoqiang. The Construction of Two Land Operating Right Systems in Civil Code. Journal of Zhejing Gongshang University, 2020, 34(5): 26-37.