The Path Of Private Law Of Collective Ownership Of Peasants

In our country for a long time,the blurred rural collective assets property rights and poor liquidity problems has seriously restricted the development of the rural economy and the improvement of living standards of farmers,and the unclear definition of the current law on farmers' collective ownership has damaged the rights and interests of farmers and they has been conducive to the realization of collective ownership.Therefore,in order to overcome this problem,make the rural economy develop in a healthy way and fully safeguard farmers' interests,it is necessary to clear the body of the farmers' collective ownership.On the basis of restoring its main body identity,through a series of reasonable systems,the property right which should be enjoyed as the main body of ownership should be restored and the main body of collective ownership should be able to express its will and exercise its ownership in an effective way.In the end,this will allow the peasants collectively owned movable and immovable property to truly grasp them in the hands of peasants and protect their rights and interests.The full text is divided into four chapters to be discussed.The first chapter is about the farmer collective ownership of the current laws and regulations,and they are summarized from two aspects of public law and private law.It is concluded that the main body of farmers' collective ownership is collective farmers,and it is also the member of the collective.However,due to the fact that the current law does not clearly define the meaning of the main body of collective ownership of peasants and leads to the fact that the main body of peasant collective ownership can not be clearly defined and many problems have arisen in practice.In order to solve the problems and drawbacks of farmers' collective ownership andprotect farmers' rights and interests,it is necessary to define the collective of members.The second chapter discusses the formation of the members of the collective and the right to return the rights of the people based on the foundation.Members of the collective is from the cooperative movement and people's commune movement has gradually formed.The means of production,such as land,has gradually changed from peasants' private ownership to the collective ownership of public ownership.The tracing of the right owned by the collective can be traced back to the peasants.Therefore,we should return the rights to the people.To return the rights to the people,we must first restore the identities of the members of the collective.However,the core of collective membership restoration is the definition of collective membership.The author defines the two aspects of the acquisition and the loss of the membership of the collective by way of combining theory with practice.The third chapter discusses how to restore the property rights of the members of the collective through the quantification of the collective assets so as to ensure the property rights and interests of the farmers so that the collective members can truly become the owners of the collective assets.In reality,the disputes arising from the definition of the membership of the collective members are,in the final analysis,the unclear distribution of the collective property due to the unclear qualifications.Therefore,the restoration of the identity of the members of collective members and the restoration of collective members' property rights are closely linked and inseparable.The author discusses the classification of collective assets,the range of the quantified collective assets and the distribution of the quotas of the quantified assets and quantifies the collective assets into the hands of each member so that the real right restores to the people.The fourth chapter discusses that the peasants use the shares they get to join the society and set up a new type of rural collective economic organization to manage and manage the collective assets.At the same time,peasants pay dividends according to shares,which realizes the reconstruction of peasants' main body of collective ownership.At the same time,it clarifies the necessity and significance of being a special legal person and a rural collective economic organization.It also clarifies that in theory and in practice,the new rural collective economic organizations mainly include three forms of limited liability companies,rural community stock cooperatives and land stock cooperatives.It emphasizes that under the system ofpublic ownership in our country,peasants should separate the ownership and management of collective assets,the transfer of land ownership in the market economy,and the unwavering ownership of peasants' collective land.Because the current law still lacks the provisions of the main body of collective ownership of peasants,if we want to return the power to people in practice,we still need to accumulate experience and explore reasonable theoretical basis.I hope that,through my own shallow exposition,we can clarify the main body of peasant collective ownership as much as possible,restore the identity of the main body and property rights and realize the reconstruction of the main body of peasant collective ownership.In the end,this will form a private-legal normative path for farmers' collective ownership,guarantee their rights and interests and promote the sound development of rural economy.