On The Legal System Of The Civil Subject Of Peasant Households

The allocation of contracted land and homesteads based on "households" is an important feature of land property rights in rural China.Peasant households have the characteristics of gregarious,and use this characteristic to complete identity recognition.It can also stably maintain the relationship of collective economic organization members’ joint management and residence,and implement the social security function of agricultural land.However,from the perspective of individual-based civil law,this "relatively vague design of group rights" makes individual control over land tend to be incomplete and weakened.Especially under the background of collective assets of the joint stock cooperative system reform,the improvement trend of collective land ownership is to transform the identity of the organization law rules with contractual property law rules.Through the "collective-individual" subject structure of farmland rights,it makes individual members’ share of collective interests clear and definite,and puts the empowerment of collective property interests in the "minimum unit" of the individuals.This has profoundly shaken the subjective status of peasant households.In the context of public ownership of land,legislation has mixed the subject system and the property rights system by creating the concept of collective ownership.The direct experience objects of peasant household are rural families,but the concept of peasant household from the perspective of law needs to be regulated and tailored based on specific value needs.In addition to covering the essential element of family relations and the use of household registration as an external identification element,it is still necessary to highlight the private law path defined by peasant household,that is,the inheritance status in the realization of the function of collective land ownership.Therefore,the subjective implication of the concept of peasant household is shaped by the value presupposition that provides survival guarantees for members of collective economic organizations,which also determines that the legal relationship in which peasant household participate is limited.At present,the legislative adjustment of the civil subject system of peasant households in our country presents the characteristics of roughness,decentralization and incidental.The institutional norms of allocating contracted land and homestead by "households" form the following legislative problems.Firstly,the concept of peasant households has an uncertain and open structure,and its membership has not been legislated.For example,the standards of kinship,common living standards,household registration standards and security standards are interwoven with each other and there are certain conflicts,which are mainly reflected in the difficult problem of choosing family security or collective security for new members.Secondly,whether the peasant household has the civil subject status has the interpretation dispute.Both the "everyone counts" approach to the collective economic organization membership rights and the group approach to the overall distribution of contracted land and homestead by households have existing legal basis,which leaves room for interpretation of whether peasant households can act as independent subjects apart from collectives and individuals.Thirdly,under the background of the reform of the right to use agricultural land,the right allocation model with "households" as the unit requires peasant households to construct a legal relationship with the external subject with a unified and clear meaning.However,the current law does not provide for the decision-making rules of the formation of peasant households’ internal will and its external effect,the basis for determining the scope of peasant households’ property,the selection of peasant households’ representatives and their authority and other subjective matters related to the exercise of peasant households’ rights.Furthermore,the legislative problems of the legal system of peasant households’ civil subject tend to enlarge in judicial practice,and are mainly manifested as follows.The subject of litigation of peasant households’ civil disputes is the difference in the determination of peasant households,heads of households or all members within the peasant households,the fuzzy legal relationship within the peasant households leads to the unclear ownership and basis of individual members’ farmland property rights,and it goes beyond household contract management and homestead distribution legal relations,improperly expands to other legal relations of rural land.Peasant households should be given the status of civil subjects in the right to land contractual operation and the right to use homesteads.The theoretical basis for justifying the status of peasant households mainly includes the following two aspects.On one hand,under the general trend of flexible openness of civil subjects oriented toward "purposive construction",civil law adapts to the specific social functions of groups and accepts the substantive judgment standard of civil subjects of "specific personality".On the other hand,as far as the peasant households themselves are concerned,the interactive care ethics derived from the family community and the family’s security value needs as the carrier of property have contributed an important personality basis for the judgment of the civil subject qualifications of the peasant households.The essence of the property relationship of peasant households is the family’s shared rights.Based on the pre-qualification and stability of the family,the peasant households have formed an organization of persons in the subject law due to their special bonds.Therefore,the property share of members does not have a quantitative independent division attribute,but a potentially abstract value attribution.Land is a natural area for peasant households to work and survive,and members of the peasant households cannot determine the actual plots of land for their exclusive control based on space.The contracted land and homestead to which the land property rights of peasant households are directed are "one thing" in the civil law.The indivisibility of the object forms the group legal personality in the control of property.The indivisibility of the object forms the group legal personality in the control of property.Furthermore,there is a certain degree of non-adaptability in the classification of peasant households with the existing civil subject structure of the "triple theory".The legal nature of peasant households should be positioned as a regional family partnership with land resources as a guarantee for survival.The ethical attributes of peasant households and the practice of property sharing with land resources as the core form a mutually promoting coupling effect.Peasant households are essentially the main form shaped by the organizational form of land,which is a guaranteed resource and property.At the first level,the partnership has both the group nature of the partnership and the non-complete independence of the ownership of rights and obligations.This "individual-group" mutual involved structure can basically meet the needs of peasant households for the positioning of civil subjects.On the second level,peasant households are the main form formed by family members in the control of family property,and belong to family partnerships.Family partnerships are not at the ends of contractual partnerships and subjectival partnerships,and should be independent in the civil partnership pedigree.The family relationship constitutes a restrictive source for the realization of the property rights of peasant households.At the third level,peasant households are a kind of regional family partnership.The collective economic organization is constructed on the basis of identity,and it is a community in which the intergenerational inheritance mechanism of blood factors can be renewed within a certain geographical range.Peasant households provide a driving mechanism for the continuation of the collective economic organization.The guarantee function of collective land resources imposes a special limitation effect on the preservation of the property rights of peasant households.In order to set off the positioning of regional family partnership of peasant households,it is necessary to introduce the subject structure of "internal distribution and external empowerment".Peasant households include the compound structure of "individual granting of distribution qualification" at the level of members and "overall exercise of rights" at the level of peasant households,and this structure is a nested existence involving each other.On the one hand,when determining the membership of collective economic organizations,they do not strictly implement the logic of individual allocation,but have pre-set the "household" as the main body for the reserved allocation of shares.On the other hand,after the peasant household has become the subject of rights,in fact,the range of members who depend on the peasant household’s land property rights is not fixed and is still changing.This nested subject structure reflects the legal confirmation of the mutual aid function of peasant households’ families under the guidance of the policy of stable land use.Regarding the expression of norms,because the status of the civil subject of peasant households is constructed based on the effectiveness of family ethical norms and the functional constraints of agricultural land security.This determined that the legal norms of the civil subject of peasant households depended on the institutional design and formation of the pursuit of these goals.Regarding this,in the normative approach,it is necessary to make full use of existing legislative resources such as the Civil Code and the Rural Land Contract Law at the level of interpretation to explore the interpretation space for the status of rural households as civil subjects.At the same time,with the help of the link effect of the inducing clause in the Civil Code on the special civil law,the following rule design is carried out at the legislative level.The first is to improve the identification system of the membership of peasant households to determine the scope of subjects.The second is to improve the registration system of the subjects of rights of peasant households under the property rights registration,and external publicity of the members of peasant households and their rights and interests.The third is to use the representative system to establish the head of the household the identity of the representative of the peasant household,and the general authorization of the representative right of the householder,to clarify the external expression channels of the peasant household’s intentions.The fourth is to promote the stability of peasant households’ overall control of land through the restriction system of property rights of peasant households’ members.Such as the construction of households’ limited inheritance of contracted rights,cohabiting family members’ legal right of residence in rural house,households division and land division restrictions.