Abstract：Articles 43, 46 and 47 of the Rural Land Contract Law stipulate that in the case of “investment in land improvement”, “retransfer” and “financing guarantee”, respectively, theland operator must follow the “Contractor's Consent” rule, which requires the consent of the owner of the land contract. In terms of jurisprudential logic, the “Contractor's Consent” rule is a legal technical rule that balances and coordinates the conflict between the function of agricultural land security and the market function, and is one of the ways to exercise the “management power” of the land contract management right. In terms of normative properties, it is neither an effective compulsory nor a disposition without right, but a restrictive norm of private rights, aiming at the priority protection of the rights and interests of land contract owners in the confrontation and competition of different private rights and interests. In terms of judicial application, a distinction should be made between two different types of situations: investment and improvement acts and retransfer. For acts that violate the “consent of the contractor” rule, the contractor may choose the consequences in its favor or obtain priority protection at the level of antagonism through its own will.
张素华,王年. 论土地经营权行使中的“承包方同意”规则[J]. 浙江工商大学学报, 2022, 36(4): 75-87.
ZHANG Suhua, WANG Nian. On the “Contractor's Consent” Rule in the Exercise of Land Management Rights. Journal of Zhejing Gongshang University, 2022, 36(4): 75-87.
2022, Vol. 36 
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