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Research Of The Rural Collective Landownership Subject Mode

Posted on:2016-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:B B LiuFull Text:PDF
GTID:2336330479453860Subject:Law
Abstract/Summary:PDF Full Text Request
With the reform and opening-up policy depth and market economy flourish development, irreversible changes has happened in rural areas of China, such as “hollow village”, plenty of left-behind children, unplanted cultivated lands, frequently occurred group acts of appealing to the higher authorities for help, prominent contradiction due to compensation for land acquisition. Since the rural-urban labor migration, the peasants come to use the civil law thought to enhance the protection of individual rights and the desires of development and agricultural income growth are urgent. However, since the agricultural tax reform, the influences of rural grass-root democratic self-government system have been constantly weakened. Furthermore, the actual chaotic subject mode of rural collective landownership also limits the rural economic development. Thus for the subject mode of rural collective landownership, the law circle has proposed diversified and complicated modification schemes, and some scholars try to cultivate the rural collective economic organization into the subject mode of rural collective landownership, to activate rural collective economic organization and further to become the main source of the rural economic development again. However, in the author's opinion, the reason why the government separates political rights away from rural collective owned units is to make rural collective owned units own itself and protect the owned units and every member privacy rights from the infiltration and erosion of more powerful national rights. Therefore, there are three key points to solve the chaotic operation of rural collective landownership: firstly it is to make sure the foundational status of rural collective landownership subject-- village collectives. Secondly, when reconstructing the subject mode of the rural collective landownership, the guarantee of the lawful rights and interests of collective members is necessary to make sure a balance between the interests of every member and the village collectives. Thirdly, in order to make sure the every member and the village collectives enjoying the same protection and equal treatment when operating the subject mode of the rural collective landownership, the government should make an improvement of the supervisory mechanism and institutions. The thesis is organized below:Firstly, all the main subject modes of domestic and overseas collective landownership are deeply discussed in theory by consulting and summarizing plenty of domestic literature and foreign recently related research achievements. And the necessity of study the rural collective landownership subject mode has been fully demonstrated.Then the author adopted the empirical research method, selecting the Liugancheng and Caozhuang dministrative village, Xihua County, Zhoukou City, Henan Province as the research object. Firstly overall operating condition of rural collective landownership subject mode was observed overhand from city to village across the three administration levels. Then the details operating condition of rural collective landownership subject mode are researched in the views of village committees and ordinary villagers. By the empirical investigation and interview, the author found the actually existing subject mode of rural collective landownership was different from the ideal subject mode by the law designing. In a word, the author has comprehensively analyzed and summarized the problems of the existing rural collective landownership subject mode.Further the author summarizes the common predicament from many transforming schemes of the rural collective landownership subject mode and points out that the actual existing subject mode of rural collective landownership has a deviation from the ideal subject mode by the law designing. Thus in the condition of unripe rural collective economic organization, excessive power of village committees and asymmetric information, rashly making a reform may bring a deeper level contradiction.Finally, by analyzing and summarizing the legislative background and the corresponding legal relationship of the rural collective landownership subject mode, in the author opinion, when the subject mode of rural collective landownership is operating, the government should emphasize foundational status of rural collective landownership, focus on lawful rights and interests of collective members, and make an improvement of the supervisory mechanism and institutions to make sure the every member, the village collectives and the nations enjoying the same protection and equal treatment.
Keywords/Search Tags:rural collective land ownership, transformation mode, rural collective owned units, collective members
PDF Full Text Request
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