Reform The Rural Collective Land Ownership With Theories Of Civil Law

From the angle of safeguarding individual farmer's civil rights on rural collective land, the thesis renders a systemic research on such problems as the formation of collective land system, the existing legislation, exertion of farmer's rights on land and further proposes that rural legal person land system should be established.Based on research on history, the thesis demonstrates that"collective land"system in our country is not the result of natural economic evolvement. The concept of"collective"does not accord with traditional theories of civil law. Through research on the stipulation of rural collective land system in our country and its evolvement, the thesis demonstrates that the development orientation of legislation in our country is towards safeguarding of farmer's rights on land. Through analyzing statements for the basic concept of rural collective land system in the academic field of civil law, the thesis holds the view that the existing theories do not have a clear understanding of the basic issues of rural collective land ownership, especially subjects of collective ownership and rights of members of collectives and etc. . therefore the thesis demonstrates that regarding issues of encroachment on farmer's rights on land, it is truly necessary to reform the current rural collective land system with theories of civil law.From the angle of assisting safeguarding of individual farmer's civil rights, through a complete review of the current of rural collective land system the thesis discusses the existing problems in the stipulations in our country in the aspects of rural collective land ownership, exertion of farmer's rights on land and protective regulations. Through research on stipulations the thesis holds the views that the stipulations in our country do not provide a definite legal connotation for"collective". In the current system abstract"collective"being the subject of rights increases the possibilities of encroachment on farmers'rights on land. By analyzing the loss of contents of rural collective land ownership, the thesis demonstrates that the loss goes against the equality spirit of civil law, and the result will be the current subjects of collective land ownership can not obtain interests they deserve from the commercial utilization which can produce great financial benefits and the phenomenon occurs that driven by interests and benefits the basic-level governments collude with the current subjects collective ownership to encroach on farmers'legal rights.The key resolution is to achieve the aim of safeguarding farmers'right through reforming collective land ownership and its subjects within the frame of civil law protective rights. After analyzing the various academic explanations by scholars in the field of civil law science for the nature of subject of rural collective land ownership, the thesis demonstrates that scholars all agree that there exists collective ownership in our country. The differences among scholars are on what position collective ownership should be regulated.In the end part of thesis, the thesis demonstrates that rural collective land system should be replaced by rural legal person's land ownership. Through remark on rural collective land nationalization and privatization, the thesis denies the two revolutionary reform schemes. The thesis holds the view that utilizing the concept of rural legal person is advanced and reasonable which conforms to civil law science, while the existing concept of"farmer collective"is backward which does not accord with civil law standard. The thesis demonstrates that formulating rural legal person should take the juridical association in civil law in our country as its basis imitating the managing structure of corporation legal person. The thesis tries to make an extensive and future design on rural communal legal person's land ownership, puts forward in a creative way the replacement of village committee by legal person as the performing subject of rural collective land ownership. It is necessary and reasonable to construct legal person independent from village committee on the basis of farmer groups. The thesis puts forward that rural legal person's land system should be established on the premise of safeguarding farmers'rights to achieve the aim of safeguarding individual farmer's rights on land.