Research On Related Legal Issues Of Rural Collective Commonweal Land

With the acceleration of urbanization,a large number of young rural population is lost,rural population presents two extremes:aging trend and young-age trend.The rural collective commonweal land,an indispensable resource,the reasonable use of it plays an important role in stabilize the rural situation,enrich villagers cultural and recreational activities,improve the lives of villagers and improve well-being of villagers.But at present,China's laws and regulations on the rural collective commonweal land used less,the academic community of rural collective commonweal land the used of the theoretical research is also relatively scarce.In order to avoid the commune of the commons,this paper combines the public property theory to analyze the legal issues of the rural collective commonweal land in order to meet the requirements of the rural commonweal land to provide the public service mission.The main part of this paper consists of four chapters:the historical evolution of rural collective commonweal land,the theoretical analysis of rural collective commonweal land,the main problems of rural collective commonweal land and the countermeasures to improve the rural collective commonweal land used,the main contents are as follows:The first part introduces the evolution of rural commonweal land in our country,this part is divided into three sections,the first section introduces the historical evolution of commonweal land use from Qin Dynasty to the Republic of China era;The second section mainly introduces the inheritance and change of commonweal land before the founding of new China,combination of history and reality,the objective concept;In the third section,the main types of China's rural commonweal land are summarized.The second part is the analysis of the related theory of rural commonweal land of public property,made a distinction between the public property of French,public property of Germany and public trust theory and points out the reason why our country applies the public property theory of Germany.This part is divided into five sections,respectively,to the public property concept,nature,classification,ownership and management are briefly introduced.The third part puts forward the rural collective commonweal land that with two major problems,namely the right not clear,and the nature is unknown,the main reason is that power is not clear the lack of relevant legal system.The fourth part is mainly combining the theory of public property,and analyzes the nature and function of rural collective commonweal land in our country,which answer the third part's question.After the analysis of the nature of the rural collective commonweal land,from different angles,analyzes the limitation of occupancy,use,profits and disposal and the rights of the user,and under the guidance of public property theory,specific legislative countermeasures are put forward.In general,in order to improve the collective commonweal land related to the legislation,its nature commonweal and power on the definition of the one hand,the rural land to play its role to provide guidance,on the other hand also regulate the use of rural collective commonweal land used behavior,To provide protection,to avoid the occurrence of communal tragedy.