Study Of Rural Collective Land Ownership

The land is the foundation of the food and clothing of humanity, and is the source of survival. The current collective land ownership system of Chinese countryside once did huge contribution to resolve the people's living problem, to help our country to farewell long-term missing, and to support the national industrialieation's re-starting with the take-off. However, along with the Chinese countryside industrialization, the quickening of urbanization advancement, the countryside collective land ownership system exposed its inherent flaw more and more, each kind of deep level contradictions and questions all distinctively highlighted in the countryside. This assay has a foothold in the reality of China, and carries on the analysis of the existence question of collective land ownership, and then tries to put forward the way to perfect collective land ownership mentality.This assay includes five parts altogether:First part: The history and the background of the ownership of collective land in China. The collective land ownership of China has been founded after a series of reforms since the Chinese establishment. The ownership of land in Chinese countryside has roughly experienced the following four stages: Land Reform, Cooperative Group, Junior Cooperative Commune, Senior Cooperative Commune, and the People's Commune. The cooperative movement and the advanced cooperative movement in 1956 have directly caused the land collective ownership of Chinese countryside. There are deeply historical and political backgrounds in the formulation of collective land ownership. In the early years of the new nation, Chinese choose has given priority to the development of heavy industry as the characteristic surpasses the developmental strategy, but the massive funds which the industrialization needed have to accumulate from the agricultural aspect quite a part. Therefore China used the legitimate method to recycle the farmer's land ownership gradually which has already apportioned. Namely china cancelled farmer's right ofprivate ownership through the political activity way and the non-economical method, and then established collective ownership of China. The collective land ownership system was the result of arrangement of political system and the external strength, it is the result of the law being adapted mechanically to the economic base as superstructure, and has intense political color.Second part: Collective ownership and collective ownership of land. In the Marx, the property fights and the system of ownership are two different categories with close relation. The system of ownership is the economic basis of property rights, the property rights is the legal performance of system of ownership; there is a legal realization between the two categories. However, the viewpoint established by the law of the USSR considered that the property rights is equal to the system of ownership, the result is regarding the socialist nationalization as a kind of legal act. And, because of the misconstruction to the theory of Marx of Stalin, the socialist system of ownership has been explained for coexisting of state ownership and collective ownership, thereby it has been equaled on the law with public ownership and collective ownership. And Stalin considered that it was the public ownership system just like this. China was influenced by the USSR, and has been inherited the two kind of system of ownership patterns. And then, the collective land ownership was settled down on the law. Therefore, the collective land ownership system is a system that designed to adapt the tradition planned economy system, and in the reality circulating, the collective ownership presents inevitable "congenital deficient", and brings a series of problem.Third part: Problem of the ownership of collective land in China. This assay analyzes the inherent flaw of the collective land ownership itself and the questions which exists in the reafity circulating from the legal logic angle. The absence of the subject of collective land ownership is one of the main questions of collective land ownership existence: "The farmer collective" is not a legal concept; in fact, the three kind of subject in the legal exists in name only; "The farmer collective" has no concrete right in fact, and hasn't exercised owner's substantive power. There is another question about the collective land ownership that the ownership power and functions are not entire. It includes the using rights and functions are incomplete, the income powers and functions are limited, punishing right also lack. The collective land ownership also has the problem that its nature is obscure. At the same time, the land contracting right of management system that is the realization way of collective land ownership also has some abuse.Fourth part: Analyze the present several reformation schemes of collective land ownership of countryside. The academic circles has carried on inspection and research to the collective ownership system thoroughly, proposed the different reform mentality and the system design proposal in view of all sorts of questions that countryside collective land ownership has. Mainly includes: to cancel the collective land ownership, implement the countryside nationalization of land; to cancel the collective land ownership, implement the countryside privatizing ownership of the land; to execute compound land system; to retain the collective land ownership, practice the reform of land tenure system, namely improvement. Although all has its positive sense, nationalization, privatization and compound land system also have all sorts of questions and the difficulty. According to the current state of China, the nation does not suit to uses each kind. We should retain the collective ownership system of countryside, and perfect it in the legislation and in the practice.Fifth part: To perfect the collective ownership, realize the farmers' ownership interest. Bases on Chinese fundamental state, we must perfect the countryside collective land ownership gradually, that is to persist the countryside land collective ownership, and carry on the consummation to the collective land ownership system. Above all, we must persist in the countryside land collective ownership. No matter we looks from the national manner and the policy, or analyzes fi, om farmer's psychology, we should continue to retain the countryside collective land ownership in view of the stable of entire social order and rural economy order. The countryside land all has the special community function and the social security function, which also have decide that we must continue to implement the collective land ownership. Moreover, persisting in the countryside land collective ownership is also advantageous in reducing the cost of the reform. Makes concrete to the aspect about consummate the countryside collective land ownership, this assay analyzes three aspects: First, we must make dear the subject of the countryside collective land own~p and the realization way of the right We must make certain in the legislation that subject of the collective land ownership is "the farmer collective". And we must make clear the range of "the farmer collective" in the legislation and the practice. I think that the countryside land collective ownership may be owned by the village farmer collective, which is all farmers' organi7ation in certain scope. We must make clear the organization form and the implementing agency of the countryside collective land ownership. Second, we must realize the farmers' ownership interest. We must make the collective land contracting right of countryside become a real fight, strengthen the using fight of the peasants to collective land. We must practice the system that using the collective land for value, and perfect the income powers and functions of the collective land ownership. We also must reform the land acquisition, and perfect punishing fight of collective land ownership. Third, we must establish the mechanism that individual right to restrict and to guard the public authority restriction. To definite the collective land ownership is very essential, but follows which closely is the maintenance question of the right, this is also this also can't be ignored...