Study On The Countryside Collective Land Right

The land is the most important resource and the basic material condition for the stable development of human society. Which kind of land right system one state or area takes is a fundamental problem that connects prosperity with state and area. Our country has a large number of population, the land resource especial the land available is relatively deficient. How to reform and perfect the countryside collective land right system in legal regime system in order to make good use of limited land resource becomes a very urgent problems. This article gives an example of Kenli country in Shandong province to research the countryside collective land right.First of all, in order to exhibit academic and methodological research background ,the article evaluate the research of domestic and foreign countryside collective land right. Secondly the article analysis how to perfect the collective land right.The land ownership concept belongs to the historical category, its implication differs under different historical backgrounds. From the economic angle, the land ownership is the benefit, the land ownership protection means the protection the benefit of the land ownership. From the civil law, the so-called land ownership refers to estate real right. On the base of the modern land ownership idea, the article makes a definition of countryside collective land ownership as follow: it is the right that the countrymen have and govern the land in the legal scope, and the right can't violate the public interest.Our country's countryside collective land ownership system forms through a series of society innovation .On the foundation of fanner personal land ownership system, the government started to establish land system through setting up agricultural mutual aid group, changing the land fanner private ownership to the. farmer private and carrying on collective unification management. The people's communication movement changed the land private system to collective possession and unification management land system finally. At the end of 70's in 20th century,the family payment proportional to production contractor responsibility system appears in Anhui province. After this, this system was used all the country.The household undertaking responsibility system is to give the right of management to peasant household. After paying country tax revenue: and the collective turn over, the rest belongs to farmers. The article promulgates the reform direction which this system will face from the above analysis.The article analyses the condition of the land collective system and the household undertaking management system , then carefully anatomizes the shortcomings of the countryside collective land ownership system ,such as the dimness of the ownership nature and the main body ,the faintness of the property rights power and so on. At the same time, the article analyzes the Kenli County's nature and the economic society basic condition, the Kenli County's countryside collective land ownership basic condition and the problem of the countryside collective land ownership, has provided the practice foundation for the countryside collective land right system exploration innovation.The article analyzes emphatically three typical kind of countryside collective land ownership reform plans, namely the nationalization reform plan, the privatization reform plan and the collective land ownership restructuring plan.Then Chooses the most superior plan and makes an improvement. Through the thorough analysis, the author proposes the ways to reconstruction the subject and object of the countryside collective land ownership and the system of the countryside collective his real right system restructuring.The countryside collective land collection is a system that has significant influence to the countryside collective land right, the article analyzes the countryside collective land collection system concept and the main characteristics, as well as the present countryside collective land collection system flaws thoroughly, then puts forward the ways to restructuring the countryside collective land collection system.