Research On The Restriction Of Collective Land Ownership

Collective land ownership is not exit at the beginning, it is in socialism with Chinese characteristics in the soil, from conception to blossom and bear fruit, spanning half a century. Since the founding of new China early established the private ownership of land, farmers in our country and national ownership of land constitute the land ownership of our country. In order to improve the efficiency of agricultural production, the communist party of China put forward the "mutual cooperation", for the private land ownership of collective land ownership shift laid a foundation. Advanced cooperatives and the presence of the people’s communes, marking the rural collective land ownership in the basic form, in fact the constitution in 1982 confirmed that retain the collective ownership of land, after that, "general principles of the civil law", "land management law", "property law" and other laws and regulations are made corresponding rules of collective land ownership.History it is not hard to see from the collective land ownership, collective ownership of land is under the background of public ownerships of the means of production, is the public ownerships of the means of production law, however, the collective land ownership legislation practice in our country in the basic law of the nature of private law is significant, such as "general principles of the civil law", "property law". Taking into account the collective land ownership in chapter v of the "general principles of the civil law" civil rights "in the first quarter of the" property ownership and property rights related to the property ownership ". Therefore, collective land ownership is the nature of private law and property rights, the constitution and the law should maximize guarantee its implementation.Ownership as one of the most classic and comprehensive, real right is refers to all the people in accordance with the law of all of its property is entitled to possess, utilize, profit from and dispose of the rights of the illegal interference power and reject others, but for now, the country collective ownership of land by the restrictions. First of all, the power of collective land ownership is not complete, is restricted by the strict land regulation in China, this is mainly embodied in the following three aspects: a, law restricting our country’s collective land ownership of collective land freely dispose of the rights, collective land ownership of disciplinary power is limited. Second, the law explicitly stipulated in our country collective land can only be used for agricultural production and the supporting facilities construction and agriculture, and cannot be used for other highly productive development, the collective ownership of land use right can be restricted. Three, ownership, usufruct to need to rely on its disciplinary power and can use, because of the punishment power of collective land ownership and use right can be restricted, based on the free punishment and efficient development of earnings, can the usufruct is restricted, and the above limits for the long term, in rural areas is the protection of social stability and sustainable development, is quite reasonable. However, the government launched after the process of land expropriation, land expropriation is not must be used for agricultural production and construction, the use of collective land ownership can should pull away from the bondage of the strict land control, and our country land law in accordance with the original purposes of the land expropriation compensation, according to fair, excessive can limit the usufruct of collective land ownership in our country. Second, the collective land ownership is not constant existence, its duration is restricted in certain circumstances. According to the law, when the public interest and economic construction need, the government shall have the right to be carried out in accordance with the law of collective land, and to give compensation. Land expropriation and the elimination of collective land ownership, collective land ownership is suffered the most serious limitations. Although the law stipulates clearly the premise to start the process of land expropriation, and a program, but as a result of land acquisition often bring huge benefits, in practice, the government often ignore the rule of law, and in the absence of public interest and economic construction demand, still wanton use their rights, large-scale "enclosure", "predatory" basic material foundation to the survival of the farmers, seriously violated the legitimate interests of the collective land ownership, arbitrarily deprived of collective land ownership.Collective land ownership is limited by the appropriate, is justified. From the theory source, first of all, with the development of economy and society, the Roman era "and tianyu, down to the center of the earth" absolute ownership theory in its faults were exposed after the industrial revolution, more can not adapt to today’s changing society, instead, the ownership of the "relative" theory, namely the ownership need to assume certain social obligations. Second, the private rights and the pursuit of the goal is to maximize their own interests, and public power from the assignment of all private rights in order to ensure that the vast majority of private rights, it is necessary for public power to certain restrictions on the part of private rights. From the point of practical reasons, first of all, as a result of collective land ownership is the important embodiment of the socialist collective ownership, represents the interests of the collective, is the soul of rural land, farmers survival foundation, in order to protect the long-term interests of the farmers and the rural, should the right to freedom of dispose rationally limit. Secondly, land resources is the foundation of people’s food, clothing, shelter, and scarcity, in order to ensure national food security and guarantee the balance of industry development and the steady development of economy, society, have to limit the use of rural collective land, and in the public interest and economic development needs, condensed the duration of the collective land ownership, start the land expropriation procedures.The limitation on the collective ownership of land properly, it is the demand of economic and social development, but at present our country the existence of excessive restrictions of collective land ownership. First of all, to land on the use of the original compensation of land expropriation, unfair, of usufruct of collective land ownership is limited by the excessive. Since after the examination and approval by the agricultural land into construction land, the collective land is no longer strictly only for the use of agricultural production, the use of collective land ownership can have been freed from the bondage of before, based on access to income should also manifest. The government should not again to compensate the original purpose, but should compensate to the farmland "market value". Second, the government is wanton deprived of collective land ownership, severely limits the exercise of the collective land ownership, appear this phenomenon is mainly because: one is not perfect, the process of land expropriation in our country is the responsibility of the government land illegal not clear enough. Due to perfect the procedure of land expropriation in our country, therefore, the introduction of social stability risk assessment mechanism, increase the decisions more scientific; Increase subject of examination and approval, restricting the power of the government; Give the department in charge of organizing peasants the obligation of the hearing, to respect the principal position of the rural collective; Improve land expropriation dispute relief mechanism, objective evaluation the legitimacy of land expropriation. And change the general pattern of legislation, its illegal to manifest the legal responsibility.