Restructure Of Collective Ownership Of Land In China

In China, Collective Ownership of Land has directly and greatly affected stability of the whole society and benefits of most citizens, as their daily living quality and manufacturing largely depend on the collectively-owned land.In the newly published "Property Law which defines and clarifies the Collective Ownership Of Land more specifically, has also brought the incompletion of the Collective Ownership Of Land, because of the limitation on both Rights to land disposal and to profit collection, and this limitation finally made the establishment of invisible trading market of land which is not in accordance with legal regulations, and also generates the abuse of right to profit collection.In general, the current Collective Ownership of Land brings the loss of most citizens' profits and potential risk of social stabilization. This thesis is to consummate the Collective Ownership of Land in theory through restructure this ownership, in order to eliminate the disadvantages occurred.There are five sections in the thesis. The first section is, to give a brief introduction on the current Collective Ownership of Land through its legal basis, then followed by the definition and analysis of the current ownership.The second section is to analyze both in theory and in reality in order to state the disadvantages. In theory, the current ownership set limitation on right to land use disposal and right to profit collection. In reality, the current ownership establishes invisible land trading market which are beyond legal regulations, and also, the fully control of land transfer by Chinese government has result in the abuse of right to profit collection, which means only Chinese government is entitled with the right to transfer and right to collect profit.The third section is to list another four ownerships of the system model , under Collective Ownership of the system model and to state the definition and advantages respectively. The four ownerships of the system model include Nationalized Ownership, Individualized Ownership, Mixed Ownership and Reformed Ownership.The fourth section is to analyze the disadvantages of these four Ownerships through legal, economic and political aspects and finally comes up with the conclusion which is to allow free land use right transfer instead of Nationalized Ownership, Individualized Ownership, and Mixed Ownership.In section five, the re-organization of current structure should be taken together with the restructure current Collective Ownership of Land in order to eliminate the disadvantages. Specifically speaking, the first step is to clarify the use of land, The non-profit transfers will be controlled by Chinese government, the profit-generated transfers will be completed individually. Second, certain changes should be made on current legal regulations in order to keep legal basis applicable. Third, based on the statement in Section Four, restructure should be taken, and the analysis will be made through the scope of land use right transfer, transfer structure and profit distribution, in order to ensure the execution of those changes. Fourth, a preliminary structure and statement will be mentioned as Chinese governments are still responsible for inspection and management of Collective Ownership of Land.