A Study On The Constitutional Provisions Of Collective Ownership Of Rural Land

Article 10 of the constitution that rural land belongs to collective ownership is the fundamental guiding principle of current rural land legislation and reform.By interpreting the constitutional law value of protecting farmers’ land rights,we can better protect farmers’ land rights in legislation and judicial implementation.The property right system of rural land in China is quite complicated,so it is necessary to analyze the historical development of the constitutional provisions of collective ownership of rural land.It is mainly about the rural land system in the constitutional documents of the revolution period led by the communist party of China,the provisions of the May 4th constitution on rural land and its changes,and the disputes about the collective ownership provisions in the August 2nd constitutional amendment.The article can be better understood by analyzing the concept of "collectivity",the content of "ownership" and the nature of collective-owned rights.It is not only necessary to understand the spirit and value of the collective ownership of rural land,but also to put it into practice to protect farmers’ land rights.The provisions of the constitution of collective ownership of rural land are relatively abstract and principled,and the specific contents need to be completed by legislation and judicial implementation,so as to be operable.In the process of perfecting legislation and judicial implementation,whether it is clarifying the relationship between collective members and the collective and the state,strengthening collective ownership,improving the market of collective land,and perfecting the judicial protection system,it is necessary to carry out the constitutional spirit and value of protecting farmers’land rights.