Research On "Collective Ownership" In Chinese Constitution

China’s constitution contains a wealth of economic system clauses,"collective ownership" as the basis of the socialist economic system,in the constitution text made the fundamental provisions.For the purposes of the current constitution,the "collective ownership" clauses include articles 6,8,9 and 10,which stipulate the nature,the economy under collective ownership,the ownership of land and natural resources respectively.These provisions should not be regarded simply as collective ownership or collective ownership,but should be seen as the unity of collective ownership and collective ownership.Collective ownership from the socialist transformation of the process formed the rural collective ownership and urban collective ownership.The rural collective ownership sprouted from the primary cooperatives and came into being in the period of senior cooperatives and people’s communalization.After the reform and opening up has been developed,showing different forms.In the process of reform,most of the collective ownership in cities and towns has been transformed into private enterprises,which has withdrawn from the stage of history.Rural collective ownership continues to exist in different forms.In the development of history,we get the historical inevitability of the formation of collective ownership,the different functions it bears and the diversified forms it presents.Through normative investigation,it is found that under collective ownership,"collective" should be a collective economic organization;The property owned by collective economic organizations is exclusive,indivisible and a kind of comprehensive rights and interests.On the realistic level,there is the absence of the subject of collective ownership,and the relationship between the subject of collective ownership and the administrative organization is unclear.The effectiveness of three types of "all" assets has not been used effectively;The development gap of collective ownership is large.To solve the above problems,it is necessary to clarify the relationship between the subject of collective ownership and administrative organizations,actively explore effective ways to realize collective ownership,and establish a complete legal system.