Predicament And Outlet For Rural Collective Landownership

The ownership of collective land, as a special type of ownership in our country, has a strong political meaning, which is accompanied by the special national conditions and national strategic level. Initially the system of collective land ownership construction more follow is the political logic and non legal logic, from its birth that moment means that it is not completely the meaning of civil law on the form of ownership, compared to the traditional civil law, the property ownership, collective land ownership exist in the inherent defects of the system. With our legal system gradually perfect and the concept of the rule of law is growing in popularity, coupled with the rapid advance of urbanization and industrialization, the collective land ownership both in the academic circles or in practical system operation, suffered a many difficulties, serious influence to in our country under the new historical stage urbanization and in the socialism new rural construction propulsion.Over the years, scholars searched to solve the problem of recipe and all kinds of theory and system construction emerge in endlessly, but colorful view, difference is very big. This paper on the basis of in-depth analysis of the historical origins of the collective land ownership of our country and the actual situation of development of, the plight of the focus of the collective land ownership, in the existing research results of objective evaluation based on, based in current China's national conditions and the development strategy put forward to change train of thought and measures of the system of collective land ownership leather.This paper is divided into four main parts:Part I, The historical evolution of collective land ownership. As a local product in our country, the formation and development of the collective land ownership have gone through five historical periods. Using time as a clue, this part shows background events, power type, historical influence for the display of the content, and analyzes the five historical stages separately. Then draws a conclusion that the collective land ownership is established on a basis of land reform of peasant land ownership, and generally formed by pushing through policy guiding agricultural cooperative movement and a strong policy of the people's commune movement. It is born with strong political significance.Part II, The real dilemma of collective land ownership. The system dilemma of collective land ownership mainly involves three aspects: the subject of right, the nature of the right and the content of the right. On the subject of right, although the rural collective being the collective land ownership has been confirmed by the legal,it is showing an absence of the subject of the state because of lacking its organization form and independent expressions. On the nature of the right hand, the collective land ownership is one of legal ownership types, but it is neither a separate ownership of natural man or legal person forms, nor the common rights under shares or a common forms. Therefore, its properties cannot be defined in our existing civil law theory, in terms of rights content, compared to the mature individual ownership, state ownership and corporate property rights, the right of collective land ownership is strictly restricted by the state. Incomplete rights become a common phenomenon, and it is often called another form of state ownership.Part III,Analysis of reform thoughts of collective land ownership. Facing the dilemmas of collective land ownership, scholars made huge efforts to solve it, and they put all kinds of reform advocates forward, like focusing land using rights,, improving the usufructuary right, collective land nationalization, collective land mixed ownership, collective land privatization.Based on the above different views. In this part, the author points that above solutions have their own unavoidable weak points, such as seldom accepted by citizens,or lack of feasibility. Therefore, we need to find a new path to solve the dilemma of collective land ownership.Part IV, the path to improving the collective land ownership. Considering the real national conditions of our country and the institutional environment, this paper argues that it is a better choice that when improving the collective land ownership, we should insist on the collective ownership of rural land, and make it legal ownership. According to the above thoughts, this part discusses solutions to improve the collective ownership of land. First of all, based on rural land collective ownership, we should declare it as a separate right of peasant collective ownership. Secondly, constructing the mechanism to implement farmers' collective private law status. Finally, The relate government office should use the appropriateness and effectiveness of right limit as the judgment, and enrich content of the rights of collective land ownership. So that collective land ownership will play its max-value.