The Legal Analysis Of Chinese Rural Collective Land Ownership

In the October of 1949, the people of China won the war of liberation and founded New China. Then China effected Land Reform, Land Cooperation, the People's Commune Movement, and the reform of Family Contracted Responsibility System in the countryside.With the reform of land system, the ownership of land developed from personal land ownership of lord, personal land ownership of peasant, land ownership of cooperative, land ownership of the People's Commune, land ownership of production team, and then the land ownership of collective autonomous organization.Among them, the four latter ownerships are the concrete forms of collective land ownership. The cooperative land ownership is its primary form, reflecting its shaping process; the land ownership of the People's Commune is its super form, reflecting its passive development; the land ownership of production team is its transitional form, reflecting its transiting from government's controlling to peasant's autonomy; the land ownership of collective autonomous organization is its mature form, and is being perfected now. Among the four forms, the three former forms are the political systems, by which the center government controlled the rural society, and so they aren't the civil rights. The situation is connected with the histoncal background of planed economy and the three aborted drafts of civil code. After the policy of Family Contracted Responsibility System, the centre government stopped the controlling to the rural society. Then the nature of the collective land ownership changed and became the one of peasant self-government. Although some leaders of villages had used it to figure for their illegal benefits at first, the development of the collective land ownership has become the tide of history.