Study On The Legal Issues Of The Implementation Of Collective Unified Operations On Rural Land ——Take Inner Mongolia As An Example

The "the two-tier operation system featuring a combination of centralized and decentralized land operations on the basis of household operation of contracted land" is not only the basic management system of Chinese rural collective economy,but also the principle followed by the legislation of various agricultural lands in China.The legislation regulating the operation of the "decentralized" layer is relatively rich and systematic,while the facts of the "centralized" layer operation and the corresponding legislative research have been ignored and been weakened.The collectives is a centralized operating subject with historical connotations.Attaching importance to and giving play to the superiority of the collectives,is not only a direct practical need to solve the problem of land famine and promote the scale of land use,but also an indirect institutional need to explore a new rural collective economic form and promote rural revitalization.As a system guarantee,the law should,on the basis of adhering to the "decentralized" management system,take advantage of the situation to provide an effective legal normative supply for the centralized operations of rural land,and promote the high-quality development of the collective economy.At this stage,major changes in rural land legislation and policies call for the follow-up of the study of the legal theory of centralized operations.This study has theoretical and practical significance in promoting the improvement of the two-tier management system,broadening the path of new rural collective economic development,and promoting the orderly operation of rural civil legal activities.Empirical research targeting 4 cities and 6 villages in Inner Mongolia found that,the practice of centralized operations in various places shows many characteristics,just like the diversification of collective representative subjects,the creative way of collective and peasant households to circulate land,and the prominent impact of policies on the protection of the rights and interests of collective members.Based on the analysis of legal norms,the demand for the system in the practice of centralized operations is concentrated in: there are too much legislative norms of collective representative subjects,and the legal relationship between them are not clear;the legal norms for collective economic organizations to lease back and absorb land operating rights into shares are unclear,the provisions are not coordinated,and the risk of application of law by all subjects is increased;the content of self-interest rights in collective membership rights is less,and the relationship between poverty alleviation policies and laws needs to be clarified.In order to improve the legal system about centralized operations,it is necessary to clarify the uniqueness of collective economic organizations as the subjects of collective legal representatives,clarify the relationship between collective economic organizations and other organizations in which it is invested,villagers’ committees and other collective entities that are operated by them,and highlight the "economic" nature of collective economic organizations.In the case of centralized operations of collective economic organizations,the problem of incongruity between the legal norms of the lease of land operating rights should be resolved.Legislation should affirm the setting of external equity of collective economic organizations.Whether and how to set up rights should be decided by the members collectively.The specific content of the right to self-interest should be enrich,The right to distribute the income of collective property due to the inclination of the phased policy shall be returned to the collective economic organization,at the same time,give farmers rights to priority employment and fair employment within the collective.