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Study On Legal Person System Reform In The Status Of Collective Land Ownership

Posted on:2012-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:X H AoFull Text:PDF
GTID:2216330368491644Subject:Civil and Commercial Law
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The existing system of collective land ownership is an outcome of planned economy system under our special history background. So the legal content of collective land ownership has been distorted for long time. So, the system of civil law of our country has been becoming more and more perfect since the reform and opening. However, "collective farmers" can't obtain explicit rights though it is the real status because of the lawmaker' fogyism. Our law cannot satisfy the members of collective farmers' benefits on collectively landholding right at new history period. Therefore, this article will be based on location and analysis of theory of collective land ownership, and investigate the optimization of status of collective land.The article consists of three chapters:Part I: Make a theoretical analysis of content of collective land ownership. From the perspective of the concept of ownership, collective farmers should enjoy full ownership; From the ownership's proprietary nature, although collective land ownership in China is a reflection of the "collective farmers" public interest, but the proposition that "ownership' nature is protecting freedom" determine its still a private right, the law should try to contribute "collective farmers " enjoy and administrate their estate right in independent and equal society; from a legal rights-based perspective, China's existing laws should insist "rights-based" as the center and makes sure to give "collective farmers" a independent status on civil law, so that the "collective farmers" could directly and fully enjoy the power of collective ownership.Part II: Analysis the four major problems of existing law: the law is inconsistent statements, the concept is unclear, too many different levels, and the subject of enjoying right and the subject of exertion are logical confusion, which led to the "collective farmers" lacks of independent Legal personality.Part III: First, giving a comprehensive review of academic' points of view to change collective land ownership; Secondly, demonstrating the form of juridical person is reasonable; In the next part, the writer discuss the basis of selecting juridical person system; Finally, to give the detailed project of reform in legal person's form of joint stock cooperative system: our law should change the "collective farmers" to juridical person on the basis of voluntary, this change should be based on the village as a unit. Through the reform, we can give the "collective farmers " legal personality, and make sure each member of the owners of collective land could be a status on Constitution and law, so that realize the "collective farmers " maximum protection of rights and interests.
Keywords/Search Tags:Collective land ownership, Collective farmers, Legal person, The joint stock cooperative system
PDF Full Text Request
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