The Reflection And Reconstruction Of Multiple Ownership Of Collective Land System

Collective land "three layers multivariate ownership system" in the specific historical stage played an active role, but with the change of external environment, diversified ownership to show more and more environmental adaptability. Collective land ownership main body vacancy, multivariate structure fuzzy ills such as has been severely shaken the "three layers multivariate ownership system "stability. In this case, some scholars propose to abandon the "three layers multivariate ownership system " is unified on reconstruction of. The author thinks that the collective land "three layers multivariate ownership system " has indeed approach death, but is must be unified reconstruction is debatable. Therefore, in this paper, taking this question on the collective land "three layers multivariate ownership system " for reflection and reconstruction.In this paper, except the introduction, is divided into four parts. The first part summarize the collective land ownership system of multiple formation and follow.The second part mainly analyzes after people commune disintegrate, collective land ownership system of multiple predicament. Firstly, the article reviews the collective land ownership main body diversity dilemma. The author classifies them as ownership structure fuzzy and normal subject of ownership was unknown in two aspects. Secondly, the article analyses the collective land ownership main body vacancy on all cause and effect. The collective land ownership main body vacancy due to the collective community crisis and lack of organization system in two aspects. Through the above two points, this article points out that collective land" three level of peasant collective ownership system" already approach death, must carry on the reconstruction of the subject.The third part mainly discusses the principal part of collective land ownership hierarchical reconstruction problem. First of all, this paper analyses the main body of rural land ownership structure path reconstruction. At present, the academia of the collective land ownership main body reconfiguration path is divided into one layer and a plurality of two kinds of. This article through analysis it is pointed out that the collective land ownership main body unified reconstruction was too extreme and one-sided, retained ownership diversification is short-term reform must follow the principle of. Then, this chapter discusses the diversification path under the ownership structure of the specific arrangements. Finally, the article negates the township level of ownership, put forward compose to build the village, group of two layer of ownership system.The fourth part discusses the village、group two layers structure under the collective land ownership system arrangement. First of all, the article puts forward to should take legal morphological remodeling of ownership, and the specific location for community legal person. The article thinks, the introduction of the concept of a community not only solved the farmer collective concept explanation plight, and the concept of community with the development trend of future rural village; on the other hand, legal system reconstruction can make the main body of rural land ownership in civil law and market direction. Secondly, the article on community corporate governance mechanism made specific provisions. The article point out, the community should be set up as members of the community meeting, collective asset management committee and the corresponding supervision mechanism, the authority, enforcement organ and supervision system of three main parts.