Research On The Subject System Of Rural Land Ownership

This dissertation which was subdivided into three parts, proposed an approach forperfecting rural land subject system by reviewing the status quo of current systemunder existing legal regime as well as academic perspectives.On chapter one, the essential frame structure regarding to rural land subject systemunder existing and enforcing legislation was revealed. First of all, the subject of ruralland ownership is peasants’ collective. Second, peasants’ collective can be subdividedinto of countries or towns, of villages and of economic organizations within villageswho respectively perform their ownerships through various organizational forms,namely economic collectives of countries or towns, of villages or villagers’committees and of village groups, etc. There are defects and flaws such as theambiguity and diversity of the nature of rural land subject system and its specifictypes as well as the imperfection of organizational form of the law.On chapter two, three reform schemes in the field were introduced, namelyprivatization, nationalization and collective ownership improvement of rural land.All of these are not practical and applicable, by contrast, rural land stock cooperativemodification is more preferable has been made.On chapter three, rationality of modifying rural collectives into stock cooperativeshas been discussed by analyzing the accordance of history, reality and practicalrequirement of economic development and advantages including strengthening ruralsocial securities, avoiding the absence of subjects and improving the flow andconcentration of rural land equity. Legal principles such as full utility, equity priority,efficiency and emphasizing rural social security which should be upheld has also beenanalyzed. What’s more, institutional designs including the qualification of collectivemembership identity and its general standards, such as household registration andliving security, concerning stock cooperative have also been discussed. thegoverning structure within the stock cooperatives, specifically including generalmeeting-the organ of power, board of directors-the executive organ and board ofsupervisors-the supervising organ has been discussed and designed as well.