The Research Of Our Collective Land Ownership Improvement In Legal System

There must be its functions pursuit in the setting-up of any legal system, and the designs of the detail and content about this system, besides should submit to the inherent logic on legal technology and requireing, should take the issue whether the functions of the system itself could be realized or not as one of the consideration factors all the time. The ownership system of rural land is no exception. This thesis regards the functions of rural land ownership system as the starting point of analysis, and thinks the functions, determined by the generality of ownership system and the individual character of land and of our national conditions , lie in confirming ownership of rural land and guaranteeing the interests of all interests owners of land in the dynamic course can be realized. There are many shortcomings in our current collective ownership legal system of rural lands ,such as belongs fuzzy, content weak and without right realization mechanism ,etc. This means the legal system couldn't reach its functions pursuit and should be modified and perfected. In several kinds of rural land ownership reformation theory, only" collective land ownership improvement scheme " not only can reach the functions, but has implementation feasibility, so the thesis selected this scheme. The concrete thoughts of improvement are: First of all, own all rural lands to cun- collectives in the village, and fix it through land registration. Regard land collective owned as a kind of" new-zongyou ", namely all members possess and control lands abstractly through certain organizational form and the members of collectives enjoy the interests to the land; Secondly, expand the content of collective land ownership. There should be clear and rational reasons in the restriction on rights, cancel the unreasonable restriction in current law on such things that owner occupies, uses and disposes the lands. Moreover, set up the realization mechanism of collective land ownership. Establish all villager's conferences (villager's representative assembly) as power body and some independent organization as executive body and outside representative of collective land owner, and define their own authorities and rules of procedure .The committees of executive body should totally be employed by power body; Finally,establish concrete system in order to ensure the collective member's realization of the rural land interest, especially the benefited right. For example, establish the land material bearing system for old peasants who lose labor capacity in order to realize their benefited rightThis thesis is made up of five parts: First part Regards function of land ownership as the starting point and analyzes of current rural land ownership system situation; Second part Regards functions and implementation feasibility as double standards and compares three kinds of schemes of reforming the rural land ownership and chooses "collective land ownership improvement "scheme: From the third to the fifth part are Concrete improvement thoughts. Among them the third part is to fix the ownership and reinvent the rural land, the fourth part is to analyze contents of collective land ownership and realization mechanism, the fifth part is to probe how to realize the collective member's individual interests of lands.