Research On The System Of Subject Of Collective Ownership

The Subject of Collective Ownership System is a main problem relates to agriculture,rural areas and farmers, however, there are many realistic plights of the Collective OwnershipSystem, which becomes an obstacle in the process of building a new countryside. The paperdescribes the formation and development of the Collective Ownership System as a startingpoint, then illustrates the relevant legislations of Collective Ownership System, exploresforeign systems similar to Collective Ownership System, combines with the discussions onCollective Ownership System in domestic academics, finally poses the suggestions to resolvethe realistic difficulties, that is, to perfect the collective ownership system based on the newgroup theory, and to determine farmer collective as unincorporated organization.The paper is divided into five parts. The first part outlines the formation and thedevelopment of the System of Subject of Collective ownership and the changes of legislations.From the perspective of the formation and the development of the System of Subject ofCollective ownership, Collective ownership was made by public authority, which leads to thedeficiency of Collective ownership----national administrative power’ excessive intervention;From the perspective of the changes of legislations, The status of “farmer collective” as thesubject of Collective ownership is gradually clear; The decision-making power on collectiveaffairs is given to members meeting, farmer autonomy organization and collective economicorganizations;“Three Level Holding” pattern has been established; The expression of“Member collective” provides new idea for constructing the relationship between membersand collective.The second part point out the realistic plights of System of Subject of CollectiveOwnership. Due to the deficiency and legislations defects of System of Subject of CollectiveOwnership, in the real operation process of System of Subject of Collective Ownership thereare some difficulties: The subject of Collective Ownership is absent; the benefits of Collectiveare “hijacked” by the few collective member; the awareness of members as a collectivemember is weak. To resolve the problems above, it should respect the tradition, be based onthe practice, refer to the experience of similar foreign systems in order to perfect the system ofSubject of Collective Ownership.The third part is to explore the foreign systems similar to the system of subject ofCollective Ownership. The systems of Marc Commune in Germanic, Collective Farm in Soviet and Member Right in Japan have certain similarity to the system of subject ofCollective Ownership. The essences of three systems above----to deconstruct subject ofCollective Ownership from both internal and external; to correctly deal with the relationshipbetween country and collective; to focus on the democratic principles; to set up a completeexercise mechanism----has important significance to perfect the system of subject ofCollective Ownership.The fourth part is the discussion of the theories of the system of subject of CollectiveOwnership. It evaluates six theories including special subject theory, joint ownership theory,legal person subject theory, the new group-owned theory and so on, meanwhile, points out todeconstruct the system of subject of Collective Ownership on the basis of new group-ownedtheory is most appropriate.The fifth part claims establishing the system of subject of Collective Ownership on thebasis of new group-owned theory. It claims to determine the “Three Level Holding” pattern,and to regard village farmer collective as the default subject. As for the internal setting ofsubject of Collective Ownership，first of all, to deny the status of farmer autonomyorganization as implementer of Collective Ownership from the theoretical and practical pointof view; Secondly, the exercise mechanisms should be flexibly set according to the situationof every farmer collective’s asset which is of different degree of sophistication; Thirdly,the paper determines Member Meeting as the decision-making body, Collective PropertyManagement Committee as the executive body, Collective Assets Supervision Commission asthe supervision body, and proposes the “Prior consultation Programs” of Member Meeting isapplied to the farmer collective which is with simple and few assets; Lastly, the authoradvocates a “household registry and living guarantee theory” standard to definite thequalification of collective member, meanwhile, rules collective members’ benefit right, co-benefit right, right of relief and the corresponding obligations to clear the relationshipbetween the members and the collective in order to better safeguard the interests of thecollective and realize members’ benefits. As for the external setting, because the positionfarmer collective as the subject of the collective ownership is the new way after the failure of“people’ commune” campaign, the real intent of legislators and the choice of the experienceof group-owned theory,“farmer collective” is the legal subject of collective ownership, whichis with the civil subject status as unincorporated organizations. In order to clarify the owner ofthe collective lands, to decrease the disputes caused by the collective lands ownership, to speed up the process of the work of issuing the certifications of land ownership.The issue of the subject of collective ownership is the major problem which must befaced to resolve the issues of farmers and villages. The author studies the issue of the subjectof collective ownership in order to attract more scholars’ and experts’ attentions to tackle thedifficulties of with the system of subject of collective ownership with modest contribution.