On China's Collective Land Ownership System Reform Right Now,

Land is basis of humankind's survival and development,for farmers is the case with the closely related to the land rights.China's system of collective land ownership is produced and formed in the socialist public ownership system..With the opening up and economic reform,collective land ownership system has gradually formed its own unique system.Today, even though China has established the basis of collective land ownership.The contract responsibility system for the main contents of the land use system,still exists of the shortcomings on the theory and content.In practice,it is difficult to adapt to current needs of development of Chinese society and reflect peasant demands for land rights.Although the "People's Republic of China Property Law" offers further provisions,but the core of the theoretical circle dispute remains unresolved,and still can not meet the needs of the transformation on the collective land ownership system.Re-examine the system of collective land ownership,which we cannot avoid,it is necessary to this issue in-depth study.This assay has a foothold in the reality of China,and carries on the analysis of existence question of collective land ownership,and then tries to put forward the way to reform collective land ownership mentality.This text altogether is divided four parts:Part one:History in which the collective land ownership system produces and develops is investigated.The collective land ownership of china has been founded after series of reform since the Chinese establishment.The ownership of land in Chinese countryside has roughly experienced the following four parts:land reform of new china;Cooperative Group;the period of People's Commune;Land is owned by farmer's collective,household contracted management.Part two:Collective land ownership system current situation and present main problem.This assay analyzes questions which collective land ownership exists from the legal logic angle.The faintness of subject of collective land ownership is one of the main questions of collective land ownership existence:The concept of subject of ownership,namely "farmer collective",is not definite in legislation.The legal quality of subject of collective land ownership is not clear.There is another question about the collective land ownership that the ownership power and function is overly and unreasonably limited in legislation and land's expropriation system is not adequate to the protection of collective land ownership.Part three:Analyze the 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 different reform schemes in view of all sorts of questions that the countryside collective land ownership has.Mainly includes:scheme of the countryside nationalization of land;scheme of the countryside privatizing ownership of the land;scheme of compound land system;to retain the collective land ownership,practice the reform of land tenure system,namely improvement.These schemes are not the best options that suit to current state of china.Part four:The specific reform mentality of collective land ownership.Based on Chinese fundamental state,the reform of collective land ownership:first,we must persist countryside land collective ownership;secondly,one-grade ownership replace the three-grade ownership;thirdly,to specify subject of collective land ownership;fourthly,to structure the organization of farmer collective;fifthly,to specify the farmer's right in collective;finally,to improve the powers and functions of collective land ownership and reinforce protection of collective land ownership.