On The Perfection Of The System Of Collective Land Ownership

The countryside 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 was launched to set up the mutual aid and cooperation organization based on the farmer's private ownership of land. The third stage was divided into two processes, namely the elementary cooperative and the advanced one;at the former stage, land and other materials were handed over to the collective to manage voluntarily, with the principle that farmers were voluntary, while at the latter one, land was freely forced to be transferred to the collective to possess. Collective land ownership henceforth started to come into being. After that, from the process of people communalization movement till the 1980s when the household contracted responsibility system was put into practice, our country always maintained people's commune's ownership of land, which was "three levels possession, team as foundation". After the Third Plenary Session of the Eleventh Central Committee, 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.However, at present, the legislation has many drawbacks about the design of collective land ownership system. One is that the main body diatoms, another is that the power attenuates and the third is that the object scope is unclear. The drawback of system design can be demonstrated by attenuation of management potency in land contracting right and the sharp decline of the quantity of cultivated land in reality. In view of the drawbacks and malpractice of collective land ownership system, since the 1980s, our country's theorists have proposed three kinds of plans to transform collective land ownership system, namely the nationalization plan, the privatization plan and the plan of avoiding collective land ownership while emphasizing on improving collective land employment right system. In the light ofChina's present condition, to cancel collective land ownership system to establish a kind of new land ownership system, far more system costs should be paid than to improve the system;therefore, only to advance gradually to improve collective land ownership system is the way that must be taken.Considering the particularity of this system, the author suggests using the "always to have " system of the Germanic law and transforming it into a kind of " new ' always to have' system" to consummate it. First of all, the main body system of collective land ownership should be improved. In view of the drawbacks of legislation to collective land ownership system, the author suggests unitarily limiting the fanner collective as the one of the village level, perfecting movement organization of village collective land ownership system, including authority organization and management structure. But it is extremely necessary to establish the complete member right system for constructing the perfect main body system of collective land ownership. The member rights mainly include the collective organization members' political right and economic right. These two rights constitute the collective organization's members' basic rights for collective land under our country's public ownership. 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;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;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.