Study On The Subject Of The Collective Land Ownership

The existing system of collective land ownership which is formed in special historical background and suitable for the planned economic, is a big part of land system in China. Nowadays, with the government bringing forward building a new socialist countryside, the shortcomings of the system of collective land ownership unveils gradually, which seriously holds back the development of rural economics. Above all, the ambiguity of subject of collective land ownership and the weakening of the functions and slide of duty it brings are important factors that lead to the deformed development of the collective land system in our country. The essay deals with the design on system of the collective land ownership, according to the way that the system occurs, develops and innovates.The essay includes three parts. Part one relates to the sources how the problem on subject of collective land ownership occurs. The excessive interposition of government's authority, inconsistent legislation and the blur of the nature of collective land ownership are the three important factors that lead to the complexity of the problem of the subject of collective land ownership. To determine the nature of collective land ownership directly relates to resolving the problem of the subject. The text evaluates six theories including legal person subject theory and so on, and supports that the nature of collective land ownership should accept the new middle theory that the inner relations and outer relations should be combinative. That is, the nature of collective land ownership represents the ownership by rural communal collective economic organizations in outer relations and by the new group theory in inner relations.Part two explores the outer relations of subject of collective land ownership ,that is, what the subject of collective land ownership is .The text deeply analyzes rural communal collective economic organizations are the subjects of ownership as also as the performing subjects, and mentions that rural communal collective economic organizations are nonprofit economic communities ,which are based on certain villages and country sides areas, takes land as their principle property, the land being owned by collectives as a bond, and regards villagers in certain communities as their members, and thus they characterize collectivity , community, stability and nonprofit. As a result, the text brings forward the project to construct rural communal collective economic organizations from exterior, suggests abolishing communal collective economic organizations in towns, cementing and perfecting village communal collective economic organizations, and trying efforts to expand communal collective economic organizations in the village. Besides, it also discriminates rural communal collective economic organizations from peasant collectives and the committees of the villagers, and present constructive ideas for reconstructing the duty of rural communal collective economic organizations and the committees of the villagers.Part three discusses the inner relations of collective land ownership, that is, the construction of internal structure of rural communal collective economic organizations, the cognizance of membership and the rights and duties of members. The text says that rural communal collective economic organizations should found three structures, including community member convention as their power organ, collectivity asset management committee as their executive department, and democratic financing supervision group as the supervision department. The text appraises every standards of cognizance of collectivity membership, and points that the cognizance of collectivity membership of rural communal collective economic organizations should adopt double-standard theory, which is "household registry and obligations", and put forwards the project to resolve the membership of eight kinds of special colony.The Subject of Ownership of the Collective Land is a most important problem relating to the rights and interests of nine hundred million peasants. The author just discusses the outer and inner relations of the subject of collective land ownership in a simple way, so as to throw a sprat to catch a whale, and cause wide concern and deeper debates in the academe.