Study On The Legal System Of Agricultural Land Collective Ownership From 1956 To 1962

Due to the particularity of the legal environment,the collective ownership of agricultural land established in the early days of China needs to change the traditional concept of property rights in order to understand it accurately.The relevant provisions of the May Fourth Constitution and Several Draft Civil Codes on rural land,especially the relevant provisions of agricultural land,are the basic legal background for understanding the ownership of agricultural land in the early days of the founding of the People's Republic of China.On this basis,the legal and regulatory forms and documents are used to sort out the manifestations of the collective ownership of agricultural land,namely,cooperatives,people's communes,production brigades and production brigades,and the ways in which they exercise their rights to the land and the main means of production.The legal system of collective ownership of rural land has a unique era imprint.Firstly,compared with the nationalization of urban land,the formation process of the legal system of collective ownership of rural land is more tortuous.After the land reform and the agricultural cooperative movement,rural land has gradually changed from individual ownership to collective ownership;Secondly,on the basis of land,the legal system of collective ownership of land involves all aspects of collective life,and forms a systemic system guarantee that is shared by all members.These system guarantees in turn further consolidate the collective ownership of land;Thirdly,the ownership and management rights of land are separated at the beginning of the establishment of the system.Ownership is transferred with the expression of the rights subject,but the direct management rights of land have always been enjoyed by the production teams.Fourthly,the improvement of collective ownership of rural land mainly depends on the relevant documents of the Party,and the Communist Party of China directly leads the establishment of rural collective ownership.The laws and regulations of collective ownership of rural land played an important role at the beginning of the founding of New China.The land collective ownership inherits Marxist thought of land property rights and carries it out in accordance with the actual situation of China.It is an important attempt to localize Marxist thought of land property rights in China;Breaking through the traditional logic of rural development,collective ownership of rural land has built a new rural land governance model and strengthened the consolidation of the new Chinese regime in rural areas.Collective ownership of rural land has realized a wider range of resource integration,provided cheaper raw material support and land supply for the development of national industry,and promoted the development of the national economy of New China,but with the collective right to individual rights,the enthusiasm of the peasants has decreased,which has restricted the development of the rural and national economy.The accounting of production teams and the system of reserved land used in the difficult situation of rural development have laid the foreshadows for the subsequent rural reform.It is undeniable that the land collective ownership system has experienced deviations in the implementation process,resulting in some serious consequences:the overemphasis on collective ownership and the neglect of the protection of individual rights and interests of farmers,seriously damaging enthusiasm of farmers for production;relevant laws,regulations and documents have obvious instrumentality,lack of awareness of establishing a long-term and stable legal system;the lack of legal hierarchy theory has also led to confusion in the collective legal system of land.The establishment of a rural collective ownership system in the early years of New China is not only to achieve the goal of social ideology,but also to support the development of national industries and cities.The original intention of collective ownership of land is more modern,it is hoped that the important development of the rural areas will be realized by integrating important resources within the collective.This development idea is not to achieve urbanization by letting farmers enter the city,but to improve the living standards of the rural areas,to approach and gradually reach the living standard of the city,and to enable the people who stay in the countryside to have great development.