On The Perfection Of Collective Land Ownership

Collective land ownership system is a difficult issue in the current legislation of Property law. Toward the necessity of the reform of collective land ownership, people already form the common opinion. However, the reform of collective land ownership concerns political issue so sensitive that the scholars are very passive on researching it. The production of this research looks like very abundant, but difficult to go deep. Because of the lack of theoretic preparing, the three drafts of Property law are very rough about the collective land ownership system, and they can't match the demand of the reform of collective land ownership system, so we must do even more research on this issue. This text takes the draft of Property law as an angle of view, and analyzes the root of the disfigurement of the collective land ownership system. On the base of this analysis, the author brings forward a new project on the reform of collective land ownership: use for reference the cooperation system to rebuild collective land ownership system. The thesis is divided into five parts altogether:In the first part, the author compares with the three drafts of Property law, and points out the disfigurement of these drafts on collective land ownership system.In the second part, the author analyzes the root of the disfigurement of the collective land ownership system. The conception of ownership in the civil law system is based on individualism, but the collective ownership system is a kind of public-owner system, there is conflict between them. This conflict is the root of the disfigurement of the collective land ownership system;and this conflict makes our course of reform on collective land ownership system very slow and hard.In the third part, the author introduces the variance of cooperation, which has consanguineous relationship with the collective land ownership system, and also sees about the new development of the cooperation in western country in the present age. The author also analyzes the feasibility of using for reference the cooperation system to rebuild collective land ownership system. Firstly, the cooperation system is a sort of modern corporation system, it can adapt to the need of modern agriculture;secondly, the cooperation system can link up with family contract management system very well;thirdly, cooperation system can solve the owner absence problem. So the project ofusing for reference the cooperation system to rebuild collective land ownership system is feasible.The fourth part is the idiographic idea of using for reference the cooperation system to rebuild collective land ownership system. Firstly, the main body of collective land ownership is the cooperation;secondly, cooperation must constitute the frame which can adapt to the modern market economy;thirdly, the idiographic mode of cooperation can be of variety;fourth, the distributable system of cooperation is mainly based on the principle of distribution according to work;finally, the cooperation must detach with the villager autonomy organization.