中文摘要：

研究目的：明晰家庭承包经营权主体和农户内成员权利关系形式,为农户内成员变动后权属的界定提供满足法律内部逻辑自洽的解决方案,同时维护家庭承包经营权的多功能性。研究方法：文献分析法,法律文本分析。研究结果：家庭承包经营权的主体为农民,农户内成员间权利关系形式为准共同共有。研究结论：家庭承包经营权的制度多功能性在很长一段时间内难以消解,但原有的模糊立法模式已不能适应快速城市化、土地增值和农民权利意识觉醒的现实。因此,应当采用明确权利主体及农户内部权利关系的权利本体制度,附加针对特定问题的配套特别规则的模式,实现家庭承包经营权的彻底物权化,并在凸显权利财产功能的同时,兼顾其社会保障和生产及粮食安全等功能。

英文摘要：

The purpose of this paper is to clarify the subject of family contract and management right as well as the relationship among internal members of rural households, and thereby to maintain the multi-functionality of the right. The method employed in this paper are literature analysis and legal text analysis. The results show that the subject of family contract and management right should be farmers rather than household and the relationship among internal members should be quasi-coownership. It is concluded that the multi-functionality of family contract and management right will persist for a long time due to the particularity of farmland, however the current ambiguous enactment about it cannot adapt to new situation characterized by rapid urbanization, raising land price and the awakening of right consciousness. Therefore, the new legislation mode for family contract and management right should include clear subject and relationship among members, and complement special provisions about particular problems to maintain other functions of right like social security and food security while enhancing poverty function of it.