Collective Land Ownership Rights Research

The research scope of the study only limited in rural land the farmer collective all land,not including the state shall, according to law by the farmers use land all. This is theexploration and study of the rural land of farmers’ collective land ownership interests. In thecountryside farmers collective land system of the main system is both a complex theoreticalissues, and also one of the most complex of the "three rural" development interests, causingthe most acute contradictions of practical problems, which is always all areas of scholars arevery concerning, because on collective land is not only the real right of bearing, and survivalvalue and collective member right. Facing rural collective land property right subject whichseems to be some sensitive, the author just don’t want entities “escape” of heart, and firm theselection of the problem to be studied.The first part introduced jurisprudence doctrine and legislative status quo of China’ssubject system of rural collective land, purpose on revealing the current academic research onsubject system of the farmers’ collective land in China is very confusing and inconclusive andto lay the theoretical orientation of subject system study.The second part, the author through the historical analysis method investigates the landsystem of China modern subject system has experienced a new-democratic revolution landproperty rights system breeds initial, new China was founded to abolish old law early to makeup new legal system of ownership of the means of production, establish socialisttransformation of the private ownership of land, period of change the real right legislationstalled period, since the reform and opening up the land to the real right legislation makingmajor achievements developing of five historical stages, and reveals the historical reasons ofthe current of collective land subject system.The third part, the author through to the collective land ownership legislation presentsituation investigation and analysis, summarizes the disadvantages of the subject of ruralcollective land ownership, and relatively comprehensive analysis of rural collective landproperty rights system of subject’s problems. The fourth part, introduced the related theory of member right to the farmer collectiveconcept, further analysis the influence and significance of the farmer collective member righttheory, calling for the member right theory is applied in the farmer collective.The fifth part, how to define the farmer collective membership is to give farmerscollective member rights theory premise and foundation. This part by concerning severalkinds of special subject, further makes clear that our country farmer collective membershipdefinition and significance.