Research On The Subject Of Rights In The Utilization Of Collectively Operated Construction Land

After years of pilot projects,collective operational construction land is gradually being implemented nationwide,and the right to use collective operational construction land arising from its establishment and transfer belongs to usufruct.The property rights of the Civil Code and the relevant rules of the Land Administration Law have not been effectively matched in practice,and the legal relationship of the right to use collective operational construction land needs to be deeply explored at the level of the subject of rights.The basis of the right to use collective operational construction land is the collective ownership of the land,and its use should conform to the new type of collective ownership.,the two are mutually inclusive.Through qualitative division of ownership,farmers’ collective members increase farmers’ collective property by establishing a new type of usufruct,and realize the social security function of collective ownership.land use.According to the concept of absolute ownership,the concept of the virtual position of the subject deviates from the reality of social development.The collective ownership embodied in the new model is always relative.From the perspective of holism,collective ownership does not need to determine a specific right subject.The farmer collective is not the subject of rights in the sense of civil law,and there is no need to make a new legal person or unincorporated organization for the farmer collective.In the process of using collective operational construction land,the rights and behavioral rules of rural collective economic organizations should be further clarified,and the collective functions of farmers should be supplemented by other subjects.The governance structure of farmers’ collectives and rural collective economic organizations determines the need for the joint action of other subjects in the utilization,which is reflected in the lack of functions of farmers’ collective organizations and the intervention of public power between rural collective economic organizations to replace farmers’ collectives to complete market behavior.The private nature of usufructuary rights requires a clear boundary of rights between the subjects in the utilization.According to the representative exercise system of collective ownership,the rural collective economic organization has the main role in the management of collective assets,and the village committee has flexibility in the use of collective operational construction land.effect.Administrative subjects should distinguish between management functions and economic functions,and ease the conflicts between subjects by means of the government’s participation in the distribution of interests.The mixed state of public and private in collective land requires a correct understanding of the particularity of rural collective economic organizations as legal persons under the influence of holism and individualism,and the land planning and supervision of administrative subjects under the control of the government to realize the utilization of collective operational construction land.The rights of farmers’ collective members include the rights of farmers’ collective members,such as the right to land contract,and the rights of farmers’ collective members themselves.The members of the farmer collective shall participate in the utilization of the collective commercial construction land in accordance with the rules of the rural collective economic organization.Farmers’ collective membership rights are derived from collective ownership and have the nature of real rights,the acquisition of rights has natural identity attributes,and because its exercise reflects the private attributes of property rights,it is a composite right and should be interpreted from the perspective of holism.The establishment of collective operating construction land is directly reflected in the collective management and decision-making rights in the collective membership rights of farmers,and its internal rules should be clarified through due process and majority voting mechanism.Benefit is the basic function of usufructuary.The members of the farmer collective enjoy the beneficiary right in the establishment,which is manifested as the enjoyment of social security interests and the request of individual interests.After the establishment of collective operational construction land,the transfer objects are general market entities,and the members of the farmer collective have priority.When the interests of farmer collective members are infringed upon,farmer collective members have the right to withdraw.