The Countryside Collective Ownership

The countryside collective ownership although approves for the our country present civil legislation, but in the reality of object laws formulation process, this right existence or waste always is a dispute focal point. This article in the foundation of the analysis to existing viewpoint, puts the countryside collective ownership in the entire object right system and the entire property rights system carries on the generalized analysis, thought should not abolish the countryside collective ownership, but must carry on the heavy construction to the countryside collective ownership, adapts the new times request,displays this right system well the function.The scholars who preserves the countryside collective ownership and the scholars who abolishes the countryside collective ownership scholars all have its reason. The position abolishes the countryside collective ownership scholar to have is from the angle which protects to a property rights body, opposes "the trichotomy",thus advocated abolishes the countryside collective ownership; Some thought present the legislation is carries on the discrimination according to the system of property ownership system , in order to avoid in the legal principle theory of law confusing the system of ownership and the property rights relations, advocated abolishes the countryside collective ownership; Also some scholars thought the present legislation with the symbol, the countryside collective ownership already is actually not embezzled in the real life by the national property rights, therefore, is not unnecessary to set up the countryside collective ownership.The scholars who preserves the countryside collective ownership thought the countryside collective ownership is the right type which the present legislation explicitly stipulated, moreover is playing the vital role in the real life, therefore, advocated preserves the countryside collective ownership.The author advocated preserves the countryside collective ownership,not only elaborated the countryside collective ownership has the function under the new times which cannot be substituted, moreover the countryside collective ownership and the national property rights, the company legal person property rights, the social group property rights has carried on the comparison, pointed out the type divides of the property rights certainly cannot affect to a property rights body protection, moreover the countryside collective ownership and the national property rights, the company legal person property rights,the social group property rights complement one another in the function.But advocated preserves the countryside collective ownership certainly is not must imitate to the original legislation copies verbatim, but is must carry on the new design in order to adapt to time development . The new design to the countryside collective ownership include new always has said, the cooperative society mediates and the stock cooperation system. The author thought should in the countryside land collective ownership foundation, the model company legal people and the oversea stock cooperative society's related system carries on the transformation to the countryside collective ownership, simultaneously gives dual attention to the social management function which the countryside collective ownership the main body undertakes.The concrete content includes: clear about the object scope of the countryside collective ownership in the foundation of the countryside land collective ownership ; By the company legal person's property rights structure determined the countryside collective ownership owner, gives the owner independent civil tatus; In the foundation of the land ownership stock, realizes the countryside collective economy organization's economical function; Establishes the legal duty for the countryside collective economy organization,realizes the countryside collective economy organization's social management function.