目次一、前民法典时期:从身份到契约二、民法典时期:地上权与土地租赁权之区分三、后民法典时期:解法典化、借地权物权化与借地权多样化四、评论与借鉴:对我国法的启示就土地权利领域而言,存在土地物权与土地债权两大权利类型之区分,前者包括土地所有权与土地用益物权(如地上权),后者主要指土地租赁权。按照自19世纪德国经由罗马法对物之诉与对人之诉划分而区分物权与债权的原理,土地物权与土地债权在性质及效力上全然不同:以日本民法典上的地上权与土地租赁权为例,两者因分属物权体系与债权体系而在对抗力、 First, the period of the former civil code: from identity to the contract Second, the Civil Code period: the distinction between territorial rights and land lease Three, the post-civil code period: solution to codification, land ownership and the right to land diversification Fourth, comments And reference: the enlightenment to our country law In the field of land rights, there are two types of land rights and land claims the distinction between the two types of rights, the former includes the land ownership and land usufructuary rights (such as land rights), the latter mainly refers to the land lease right. According to the principle that the real right and the creditor’s right were distinguished from each other by the Roman law of Germany in the 19th century, the distinction between the real right and the land creditor’s right was totally different in nature and effect: the ground right and the civil right in the Japanese Civil Code Land lease rights, for example, the two belong to the property rights system and debt system in the confrontation,