The Nature Of The Rural Collective Land Ownership Defined As New Theory Of Co-ownership

Collective land ownership has been quite a hot issue,In particular,"GuangdongLu feng collective event"and"Xiang he enclosure event"shocked the nation andtriggered the author’s interest of the study of collective land ownership.In this paper,the reality of the rural collective land ownership case is the starting point,afterreflection,I realize that the key points of the issue is defining the nature of collectiveownership of land.In China,the nature of rural collective land ownership issues is thefuzzy defining in the legislation firstly:the"collective farmers"legal description ofcontent is extremely abstract,summary,the exercise of collective land ownershiprules are too general,And collective rights and obligations and the relationshipbetween the members are not very clear.Second,in practice,empty spaces of therural collective land ownership are emerging,and farmers in the collective ownershipof land involved in the operation of a lack of motivation and participation,leading toloss of the role of farmers.As situation is grim for the vague nature of the collective land ownership issues,many academics have emerged in defining the nature of the theory.Representativeviews are"corporate ownership","the group members commonly owning","personalfitting with the corporate-oriented","the new joint right to own","new ownership"and so on.Each theoretical perspective has some reasonable basis,however,thedefect in solving the practical problems of the Chinese rural collective land ownershipis also obvious.Therefore,I try to define the nature of the rural collective landownership as new theory of co-ownership.Based on the Chinese rural collective land ownership with the actual system,thenew theory of co-ownership is the inheritance and correction of the traditional theory.The total ownership of the new theory in the main body of the right,exercise of the rights of the group constraints,the priority of group interest and other areas arealways inherited from the traditional theory.The amending aspect is:the new theorywill always have a variety of powers and functions of organic unity of ownership,members and organizations of collective land ownership have the abstract power tocontrol,in addition,the main requirements and constraints of the identity ofownership are reduced.Generally speaking,the new theory of co-ownership is thatresidents within a certain range enjoy complete and indivisible own propertyownership,and exercise the ultimate control power.The enjoyment of this right iswith a strong identity of the main features.The vision into foreign countries,we find that there is a membership system inthe civil legal system of Japan.According to the study of Japan’s membership rightssystem,especially for the membership of the main structure,membership rights,membership relations between members and membership groups and other aspects ofanalysis,I find that in contrast to the Germanic tradition abstract theory,the inherentcontents of Japanese membership rights system is always more specific and richtheory of readability,the finishing of the membership right system is successful.Thisprovides a good reference for us to successfully define the nature of qualitative ofChinese rural collective land ownership as new theory of co-ownership.Therefore Ifocus on the following aspects to provide evidences:defining the scope of the subjectof ownership,farmers collectivity having a high degree of uniformity with membersof the collective in personality,the total feature in owning the collective landownership,the realization of a democratic exercise of personal will and the unity ofthe collective will,the indivisibility of ownership power and the object.There isalways a wonder:how to understand that defining farmer collective as non-corporatebody?Along with a new legal theory of the total properties，Chinese rural collectiveland ownership and the status of the system,farmers unit and collective membershaving the organic unity relationship in rights-ownership and interests-distribution，all decide that it’s desirable to define collective farmers as non-corporate body.There is great significance in theory and practice that defining the landownership of rural collectivity as new theory of co-ownership.In theory,it providesbasis theory for the reform and improvement of the system of collective land ownership，clarifying the subject of rural collective land ownership-the profoundmeaning of the collective farmers,favorable to consider the legislative philosophy ofproperty right of the rural land contract management rights.In practice,some inherentcharacteristics of the new theory is conductive to the stability of the system ofcollective land ownership,providing path-dependent for the establishment andimprovement of collective land ownership operating mechanism,making thecollective members to achieve the access to the power of collective land ownership,meanwhile also providing the institutional basis for the protection of the farmersinterests in land-imposition.