Study On The Body System Of Rural Collective Land Ownership

Since the existence of human society, the setting up and running of all kinds of institutions toward land owning and utility closely connects with the rising and dealing of the regime and humanity'happiness intensely. Researching on the question of the rural land system is always a hot spot in theory, and the perfection of the rural collective land ownership is one of its important topics, which is the key in the establishment and consummation of the subject of rural collective land ownership.Reality is maximal national conditions. By"Constitution","General Principles of the Civil Law","Land Administration Law", etc. currently in effect , in the course of deepening the rural reform progressively, the body system of rural collective land ownership reveals out some imperfections and shortages gradually, for instance, the unclear legal nature, the diversity of the concrete type, the imperfect organization , and the legal rule unified and so on. This has brought about a lot of damage in practice. But by analysis, imperfections and shortages above-mentioned haven't been solved substantively in Property Law which soon goes into effect, on the contrary, the situation about rural land system will be complicated because of the correlation stipulation. This legislation regulation is harmful to the benefit protection of"peasant collective"and their members, and also to the stability and development of the rural society. Therefore, it is urgent and necessary to reform and consume the body system of the rural collective land ownership.In view of the situation, our educational circles have put forward three kind of schemes mainly, including the scheme of farmland privatization, the scheme of farmland nationalization, and the scheme of reforming of the collective ownership while reserving the basic framework. But from the above, the author believed, both schemes of First and Second all have the barriers which are unable to overcome, not only in theory but also in practice. But the third scheme can tally with the body system of present rural collective land ownership, maintain the social stability, simultaneously it also can carry on our country historical tradition, and gives proper respect to the current legislation. Therefore, the author agrees on the last scheme which is the best choice to the rural land reform.To count the body system of rural collective land ownership full of imperfections and shortages above, it should be improved as follows: Firstly, establish the correct value idea by taking account of socialization, efficiency, history of the law. Secondly, mould"Peasant Collective"into the non-corporation on the base of"new general ownership". Thirdly, abolish the layout of the three-tiered ownership, and put"peasant collective of village"as a substitute for the"peasant collective". Fourthly, made"the convention of villagers"the highest authority in village, establish"land management committee"as the executive organization, regard"the committee of villagers"as the supervisory organization.