论土地承包经营权中登记的法律效力

《物权法》采用登记要件主义作为不动产物权变动的基本原则，但土地承包经营权作为不动产物权之一，其物权变动方式却与一般的物权变动方式迥然不同。根据不同情况综合采用债权意思主义、登记要件主义和登记对抗主义解决土地承包经营权的确权问题是一种重大的理论创新。实践中应注意把握不同情况下土地承包经营权登记的不同法律效力。

The Validity of Contractual Land Operation Right Registration

According to the Law of the People＇s Republic of China on Property Rights, register is a compulsory and important document for the parties to change the realty ownership. However,there is a difference between the realty rights and land contract ＆ management rights on the ownership changes,which the latter is a part of the former one. Besides the register, meant principle of the creditor＇s rights and the agreement between the parties are adopted to identify the land contract rights too in the different situations. Such is an important academic innovation. And the three idcntify principles above would bring different force effects that should be adverted on practice.