Research On The Real Right Of The Collective Land In China

Controlled and utilized by man, land becomes increasingly rare, though it is the material wealth with the largest quantity. The system of allocation and utilization of things (real right system) is the design and operation of land system that center on land, which is directly related to effective utilization of land and political stability. China has established collective ownership of rural land, but the real right system of collective land remains for a long time untouched. It is of great necessity to have a theoretical study on rural collective land system.Academic circle have had enthusiastic discussions on this question in recent years. Many achievements have been made on the study of the nature of collective ownership of land, land use right and right to contracted management of collective land. Some scholars even put forward legislative advice. However, research on this issue still lacks systematicness and objective, which makes people attempt an ineffective solution and find no crucial points.Reflecting on present system of collective ownership of rural land, this paper concludes the following shortcomings. Firstly, the nature of collective ownership of land is indefinite, which does not correspond to present ownership system of civil law. It is prominent that there are no definite subjects who represent farmers to excise ownership. Secondly there exist subjects of multiple levels, which leads to confusion concerning the scope and ownership of collective land. Thirdly, collective ownership of land is restricted too much to embody the property nature of land. So the utilization of land cannot be improved. Such design does no good to improvement of ownership system's efficiency and utilization rate of land.To overcome the shortcomings of current system of collective ownership of land we should on the basis of adhering to the system, make clear its nature, perfect its content and give free rein to members of rural collective organizations so as to arouse farmer's initiatives and promote utilization of...