The Research On Glebe Real Right Of Farmer Collective

The farmer collective glebe is an important content in the real right legislation, and is also an important topic in the legal research. In this article we discourse on the countryside land real right problems on the basis of real diagnosis investigation, and propose some personal opinions. The foreword has first analyzed the significance of the topic which I choose. The article gives a brief introduction to the basic situation of the countryside land investigation. The first part mainly discuss the inevitably choice of the collective agriculture property rights and the contractual right of land and analyze the generation of the agricultural collective and the land contracting management, the development course and its the inevitable foundation. Then we analyzed the traditional real right theory which applied to the malpractice of collective farmland and proposed that we shall choose the real right dualistic structure as our basic theory to establish the collective farmland real right system. The second part is about the insufficiency and imperfectness of the collective farmland property rights. Because of the insufficient analysis, we will improve it on three aspects: the property rights legal subject, the property rights content and the property rights. This article proposed that we should cancel the villages and towns farmer collective but retaining the village farmer group collective and the villagers collective in the type of property rights legal subject. We consider that the property rights legal subject is farmer collective, not the non-collective economy organization. On the part of the property rights content, we propose to use the villagers collective in stand of the village farmer group collective to exercise the contract award function in the process of unifying contract award, while the litigant may adjust the problems during the period according to the project contract. We also thought that we should strengthen the supervision function of the land owner to the land circulation. In this part we also propose to cancel the countryside collective economy organization, and strengthen the function of the village committee in exercising the property rights. The third part refers to the basis constitution and the improvement of collective farmland contract right. In this part, we first use rent contract which cover other contractual ways to undertaking, except household contract. We also consider that the main difference lies in the former is farmer's survival safeguard, while the latter manifests the managerial principle. This kind of difference is showed in three aspects: the legal subject qualifications scope, whether it needs to pay the value as well as whether the distribution of the land are equal. The household contract right of management can be improved from three aspects: The legal subject of the contract should be for the peasant household, not non-farmer individual, and the content of the right should include the disposition right. Contracting right of land possessed by the peasant household can be circulated but still retain the contract power. Rents Contractual right of land also can be improved in three aspects: The legal subject of the contract may include four open land contractors stipulated in the "Reality of laws" not to award farming or forest land contractor and collective reclamation unified management land contractor, and the content also includes the disposition right, and Rent contractual rights of land which are not stipulated by the law can be realized the circulation through many ways ,such as the transferring ,the hiring , buying stock, mortgage and so on . This article proposed a personal understanding on many aspects: the rent contract which cover other contractual ways to undertaking, except household contract; the household contract and rents the contract right of management should have the disposition right; the relationship between the contract rights of the household contract right of management in the process of circulation and contract right of management contents and so on. All these are made some innovation to certain extend.