Reflection Of The Collective Land Ownership System And Perfect

The land contractual management right is a main legal method that our country resolves of rural area problem at present, as regards collective landownership system reform, a long time"forbidden area"of the legislator and judiciary person in the legal system stratification plane, is difficult to have breaking although the dispute neutralizing a science of law community in practice is quite much. This text attempts to utilize historical, the real diagnosis, the sociological method, to the collective land ownership right history, current situation carries on the inspection and the analysis, draw the train of thought and concrete measure perfecting collective land ownership right system.This text altogether is divided four parts, besides the introduction and the conclusion.Part one: History in which the collective land ownership system produces and develops is investigated. The collective land ownership produced in 1956 the advanced cooperative. In 1982"Constitution"first time by the public law form announced the countryside and the city suburb land belongs to the collective to possess."general rule of the civil law"the first time that pass 1986 in the form of private law, regard all land of collective as property protect.Part two: Collective land ownership system current situation and existence main problem analysis. The collective land ownership system has all sorts of drawbacks, the basic crux has two points: Aspect of idea and operating the aspect.Part three: Reform thinking and principle of the collective land ownership system. I think: Under efficiency and giving consideration to fairly, common power and private right checking and balancing, prospective principle that combines with stability, reconstruct collective land ownership system, as wise thinking to accord with China's actual conditions.Part four: Improve the system concrete measure of collective land ownership. I think I should regard taking balance the government, collective, farmer's right (power) conflict the breakthrough point on the land as. Concrete suggestion four in total.