Research On The Subject System Of Collective Land Ownership From The Perspective Of Urban-rural Integration

The standard and efficient operation of collective land ownership is related to the modernization level of rural governance system,and is an important theoretical research proposition in rural land system.Especially in the new historical period of urban and rural integration,the promotion of rural collective economy requires to straighten out the production and management activities on collective land,and the standard and efficient operation of collective land ownership is the basis and guarantee.For a long time,there are many difficulties in the operation of collective land ownership.The root cause is the lack of perfect subject system,and the internal operation process characterized and based on identity relations,common interests and village community culture cannot be standardized."Collective" as a subject,in law is an "atomized individual" state,whose internal structure has not been standardized,its explanatory power can only be applicable for external relations.Therefore,it’s essential to open the subject in the form of "member of the collective,collective combined by members and collective organization",then taking these three "elements" as the fulcrum,analyzing their basic connotation,characteristics,content,main nature,governance power and rules of exercising rights,therefore,constructing the subject system of collective land ownership to achieve the standard,efficient collective land ownership operation order.The main conclusions are as follows.(1)From the viewpoint of historical,theoretical and logical consistency,the conversion from private ownership of rural land to collective ownership is that,under the compulsory administrative power of the state,individuals transfer with reservation part of their rights to collective organization in the process of legal association,thus forming the institutional structure of the "membership right",the "autonomous right",and the "special legal person ownership".That is,the basic structure of "qualitative division" of rural collective land ownership formed by members and organization with the logic of "transfer-reservation".This analysis can logically regulate the operation process of the internal and external stages of the collective land ownership.(2)Individual membership right can be viewed as an "original right",symbolized by the characteristics of specificity,relativity,equality,independence,elasticity and expectation.It cannot be transferred,inherited,donated,bought or sold,and therefore,can only be determined on the basis of legal acquisition,agreed acquisition and customary acquisition.For peasants floating to cities,they should be allowed to retain their membership right for a certain number of years,and for citizens entering countrysides,their membership can be decided jointly by collective members based on the historical habits formed in rural society.Membership right,independent of personal rights and property rights,but includes both the nature of property and procedure.It is not equivalent to a property right or a usufructuary right derived from it.The right to claim income distribution is the premise and reason for obtaining the right of collective income distribution,and the right of collective income distribution is the result of exercising the right of claiming income distribution.(3)Collective combined by members,is the action body in the internal discussion whose basis right is the autonomous right based on the right of each member.Its significance lies in the effective integration of individual will of different members and pursuing for the collective will that reflects the "greatest common divisor" of the interests of all members.The outcome of a resolution representing the collective will is directly binding on all members as long as it is lawful in content and due in procedure.No member shall claim higher rights and interests than the result of the resolution,and the collective organization has the obligation to strictly implement the result of the resolution and implement the legitimate rights and interests of every member.In the new historical period of urban and rural integration,diversified,large-scale and modern production and management activities will be formed on collective land.At this time,the requirements for collective autonomy will be increasingly high.The effective operation of collective action requires the administrative participation of grassroots party branches in mobilization and education,the social demonstration led by elites including citizens entering countrysides,and the rules and constraints of rural rules and conventions.It can help realize the local transformation and characteristic expression of normative legal system,strengthen the psychological identity of collective members.The effect of collective action only works in the internal operation stage of collective land ownership and does not affect the civil or commercial legally relations between the collective organization and the units or individuals outside the collective.However,when this behavior infringes the legitimate rights and interests of the internal members,the collective organization needs to bear the corresponding compensation responsibility for its members.(4)As the subject of special legal person ownership,collective organization is the undertaker and implementer of the rights transferred by members of the collective.It has the statutory function to provide public services and to allocate resources and benefits to its members.The special features of collective organization are reflected in six aspects,namely,formation basis,composition of members,decision-making mode,liability property,internal organs and distribution mechanism.The collective land is inseparable and untradable,which determines that it cannot be used as the liability property to pay off debts.When the vast majority of its members have settled in the city and completed the transformation of their citizenship status,the original collective organization will be merged into the new collective organization,and the original collective organization will be eliminated and the legal person status will be terminated.The characteristics of the internal organs of collective organization are that,all members carry out collective actions of democratic discussion under the influence of village regulations and community culture;the Party secretary of the village level concurrently serves as the director of the council responsible for the formulation of economic development plans and the implementation of specific affairs;all members carry out democratic supervision over the governance behavior of collective organizations according to their habits,while village party branch as the main administrative body to carry out external supervision.Based on the foregoing analysis,along with the main structure opening way of "member of the collective,collective combined by members and collective organization",the civil law shaping of membership rights,the normative construction of autonomous rights and the design of special legal person structure are carried out to construct the legislative path for the subject system of collective land ownership.At the same time,the rural collective economic organization law,a single law and subject law,can be used as the path into the law of subject system,is presented in the form of draft improvement suggestions,hoping that this theoretical research will be reflected and applied in legislative practice.