The Benefits Distribution Of Land In The Collective Economic Organizations

Our country is a large agricultural country with seven hundred million farmers. The issue of farmers’ interests in the land is not related to the issues of individual farmers’ property, but also related to the issues of rural development and the whole country’s harmony and political stability. How to allocate the benefits of rural collective land among collective economic organization members causes violations of economic rights and interests of farmers, which is widespread. For example, on the one hand, the theoretical basis(problems of married-off women’, newborns’, migrant workers’ and other groups’ benefits distribution of land) is not clear. On the other hand, in practice, ways emerging different standards will not help to solve the problems but be likely to intensify and deepen the contradictions.This paper reviews and summarizes the theories to explain a variety of programs on this issue, such as the theory of census register, the theory of basic economic source, the theory of rights and obligations and so on. Most explaining solutions are to solve practical problems as the starting point, and can also be used in practice. But unfortunately, to solve this problem is not satisfactory in reality.Obviously, these explaining programs fail to solve many real problems. Study the fundamental reason is that rural reform since the 1880 s is far from completing. Collective land ownership is still fuzzy, and who have collective land ownership remains unclear. The reform emphasizing on "political and social separation" is truly not implemented. Even laws consistently stipulate that both rural collective economic organizations and villagers’ committees can represent peasant collective farmers to exercise the management rights of collective land, contract rights and land ownership. More importantly, laws and academic studies in the past have ignored the relevance of the rural collective land system and governance structure.Therefore, this paper aims to explore ways to address these issues from the perspective of public law. Firstly, fuzzy collective land ownership should be combined with the unfinished separation of political and social reform. We should clear who is the owner of collective land, and remove villagers’ committees on behalf of collective land ownership. On this basis, the collective economic organizations should be reformed by shares or by stock cooperation. Collective economic organizations also should be independently given the rights of managing and administrating collective land. Finally, rural land should be completed the work of confirming the ownership, registration and certification to make explicitly the use rights of collective land to individual members.