Collective Land Ownership And Its Protection

The legal framework of the collective land ownership is important in the legislation of real right in China. It runs through the existing land legislation from the times of people's commune when established the "three-tiered, team-based" system of collective land ownership. There are some flaws in this system: the difference between the legal frameworks of state-owned land and collective land is obscure; the subject of the collective ownership of land isn't being certain, the status of individual farmer is vacancy and the content of the right isn't clear. All of these result from the political factors and the conflict of interests in existing framework. There are some suggestions including the scheme of nationalization, the scheme of privatization, the scheme of pluralization of owners of land and the scheme of reforming of the collective ownership while reserving the basic framework. The author has agreed on the last scheme which is also the main opinion of the public.The best scheme of reforming should be put forward referring to the political, economical and legal factors. As far as politics concerned, we should respect the socialist system, insist on the public ownership, respect the status of farmers, respect the history and maintain social stability. We also should respect the economical principles and the status of market, promote the economical efficiency of land and choose the most efficient reforming scheme. As far as legal system concerned, we also should respect the private characteristic of the collective land ownership, respect the status of "farmer collective" and maintain the integrity of the ownership.It is important to ascertain the common ownership of farmer collective, admit the equity of collective and state-owned land, reform the model of the three-tiered ownership, use "farmer collective of village" substitute the "farmer collective". The scale of towners collective is too large and the cost is too high, the scale of team collective is too small to promote the scale efficiency and is easily manipulated by minors. "Farmer collective of village" should be the subject of the collective ownership of land because its scale is consistent with the level of productivity and...