The Research On The Restriction Of Collective Land Ownership In China

The collective land ownership system is a legal system with Chinese characteristics. It was formed on the basis of our country's socialist revolution and construction. Since the democratic revolution time, the establishments of our country's collective land ownership system have passed three stages. At the first stage, "the cultivator has its field" was realized with land reform taken as the master line, and farmer's private ownership of land was established. At the second stage, the mutual aid and cooperation movement and the people communalization movement were launched,Experienced the temporary mutual aid organization,often year mutual aid organization and elementary agriculture cooperative ,the advanced agriculture cooperative and the people communalization were established finally. The third stage was the household contracted responsibility system period. After the Third Plenary Session of the Eleventh Central Committee in 1978,he household contracted responsibility system was put into practice in countryside,practicing the policy that the collective land ownership separates with the right of management. as our country carried out thorough reform in the countryside, the constitution and a series of other laws have further made confirmation and standard about collective land ownership system; therefore, the present land ownership system with Chinese characteristics was formed. From its process, the collective land ownership is carried through a sport type policy. However, at present, the legislation has many drawbacks about the design of collective land ownership system, it is mainly reflected on the restriction of the collective land ownership. One is that the object scope is restricted, the other is that the power is restricted. analyzing the reasons, there are four points: one is that the borderline is unclear between the collective land ownership and the state land ownership; another is the inequality between the collective land ownership and the state land ownership; the third is that the main body is not clear, the legislation almost avoid the body of collective land ownership for lacking the lawmaking technique, the fourth is that the nature of collective land ownership is blurry. Considering drawbacks of legislation to collective land ownership system, the author suggests the main body system of collective land ownership should be improved. Next, the rights that collective land ownership system should have ought to be improved, to make collective land ownership a complete ownership. The author thinks the employment right should be perfected in two ways, namely allowing reasonably using collective land to carry on property development and speed up the land's circulation as well as enhancing the land-use capability; for the punishment power of the collective land ownership's core power, our country's system of land levy and requisition should be improved, collective land ownership should be protected further, so as to eradicate the phenomenon of violating collective land ownership in the process of our country's industrialization and urbanization at present, moreover the shift potency of land ownership between the countryside collectives should be confirmed. to consummate the income power of collective land ownership, the author advises the necessity of practicing the paid-use system of countryside collective land by law.