司法解釋規制農地權利的體系證成

Judicial interpretations, as an integral part of China's legal interpretation system, serve as a basis for reasoning in civil judgments. Regulating agricultural land rights through judicial interpretation can enrich the pathways for the private law implementation of agricultural land policies by refining existing rights rules, addressing the judicial challenges in agricultural land disputes, and aiding in the categorization of agricultural land rights remedies. This approach can bridge the gaps between substantive and procedural law, as well as between public and private law, providing a transitional form for the legalization of agricultural land policies. Currently, the legal system centered around the Civil Code does not adequately regulate agricultural land rights. Although judicial interpretations have already played a role in regulating agricultural land rights, they still exhibit characteristics of inaction and difficulty. The proposed system for regulating agricultural land rights through judicial interpretation includes three aspects:“what should be done,”“what should be done cautiously,”and“what should not be done.”Judicial interpretations should focus on detailing the judicial application rules of current legal provisions related to agricultural land rights, cautiously filling legislative gaps with urgently needed substantive rights rules, seriously addressing the creation of new types of agricultural land rights and the transformation of existing agricultural land rights into property rights, while adhering to the principles of not conflicting with laws and not being evidently inappropriate.