The Discussion About Clear Of Collective Land Ownership

As is known to all, This kind of situation that farms how to use or distribute their land will directly affect the living standard, will also influence the improvement of productivity in the countryside, therefore, the law of collective land ownership system have a important status in the legal system, but some of the pitfalls of this system increasingly exposed by the progress of development in our country, one of the performance is the main body of collective land ownership of phantom. "Peasant collective" is the collective land ownership in law, its subject position supported by the national legislation, the main body of collective land ownership is not clear in our legal system, in legal terms is that it has phantom problem, this problem can be divided into two categories that one is the phantom of the ownership subject and the other is the phantom of the body who to exercise the right, it acts as a deterrent to efficient use of land resources. In this background, in this paper discuss the basic problems that the collective land owned by who and who to use the land right.The discussion of this paper is "the clarity of our collective land ownership", which means to solve the problem of virtual defects in the concrete application of law system and to clear the two fundamental issues: who owns the land rights and who will exercise in the real world. The discussion of this paper follows the logical thinking of “what, why and how”. Firstly, this paper clears what is virtual defects. This article not only states the virtual performance in the concrete application of law system but also refines it into two categories: the ownership’s virtual and the exercise’s virtual. Secondly, this paper solves why does virtual defects appear and analyzes its detailed reasons. Finally, this paper confirms how to solve the problem and respectively proposes suggestions of the issue’s specific performance. This article solves the ownership’s virtual by clearing the connotation, scope and nature of now scheduled statutory body. And this article solves the exercise’s virtual by determining the only realistic and reasonable agency and establishing the perfect internal organizational relationships and more coordinated external relations.Compared with other research methods, this paper prefers to use historical analysis and comparative analysis. As a native of legal system in our country, the collective land ownership system’s generation and development affected by the history of our country,if you don’t use historical analysis method to in-depth analysis the reason of absent subject in collective land ownership defects, and not to combine historical reasons result solutions, any Suggestions and measures will be only a temporary redress; in addition, some foreign similar system shows the unique advantages, he comparison analytic method to draw lessons from foreign advanced system help us out of the mindset, foster strengths and circumvent weaknesses, pursuit, and to find out a more reasonable solution.The Innovation of this paper is combined with related theory to specific the connotation of the farmer collective that our country’s ownership of collective land ownership, and then offered to "hukou + basic life safeguard" the double standard to clear the scope of collective farmers,and suggest the farmer collective’s nature is other organizations of civil subject positioning; at the same time, this article puts forward a point that land management committee suitable for the role that has the right to exercise the land rights, and the "information system" and "professional manager system" through the Suggestions for the development of the organization, and the internal institutions and external relations coordination problems are discussed in detail to exercise collective land ownership clearly.