Abstract: The basic operation system in rural areas of China as a whole presents the appearance of private law, and its legal guarantee should adhere to the basic concept of taking the integration of group law and property law as the institutional framework, taking the compatibility of collectivism and individualism as the methodological approach, and taking the coordination of default rules and mandatory rules as the normative technical path.From the perspective of collective unified management, the concept of stability should be established to avoid management risks.The business object should be limited to commercial property, and the scope of liability property should be defined accordingly.The effective realization of members' voting rights should be the key to the internal governance of collective economic organizations, and the interests of collective members should be effectively protected.The distribution of collective income is an important way to increase the property income of farmers, which is based on the share of collective operating property income enjoyed by collective members.From the perspective of household contract management, the land contracting relationship should be maintained stable and unchanged for a long time, and the contracted land should not be adjusted.Extension of rural land Contracting should be defined as redefining the land contracting and management rights.From the perspective of combining unification with decentralization, we should adhere to the fundamental position of household contract management, actively build a new agricultural management system with effective participation of farmers, and effectively increase farmers' property income.

Key words: Basic Operation System in Rural Areas, Two-tier Operation System, Collective Unified Management, Household Contract Management, Collective Income Distribution Right

摘要： 我国农村基本经营制度整体上呈现私法面貌,其法治保障应当秉持以团体法和财产法融合为制度架构、以整体主义和个体主义兼容为方法论进路、以任意法与强制法协同为规范技术路径的基本理念。在集体统一经营层面,应当坚持以稳为主的立场,避免经营风险;经营客体应当以经营性财产为限,并以此界定责任财产范围;集体经济组织内部治理应当以成员表决权的有效实现为关键,切实保护集体成员的利益;集体收益分配是增加农民财产性收入的重要途径,其以集体成员享有的集体经营性财产收益权的份额为基本依据。在家庭承包经营层面,应当保持土地承包关系稳定并长久不变,不得调整承包地,继续承包应当界定为重新设定土地承包经营权。在统分结合层面中,应当坚持家庭承包经营的基础性地位,积极构建农民有效参与的新型农业经营体系,切实增加农民财产性收入。

关键词: 农村基本经营制度, 双层经营体制, 集体统一经营, 家庭承包经营, 集体收益分配权