浅议农村集体土地所有权的法律保护.pdf

Abstract With the deepening of the reform in the rural areas in China, some inherent contradictions gradually occur in the system for rural land, especially in the system for the rural land ownership, and some major problems involving the interests of the farmers desiderate solutions. Legislation and theoretical research must pay great attention to such subjects as improvement of the rural collective land ownership system and the enhancement of legal protection for the rural collective land ownership. By the analysis of the current situation of the legal protection for the rural collective land ownership in China, I point out there are five problems and deficiencies in the applicable legal protection system for the rural collective land ownership: （1） The nature of the rural collective land ownership and the legal position of the ownership subject related to the rural collective land ownership are not clear. （2 ） The collective land ownership subjects that act on others’ behalf are not standard. （3 ） Shortage and weakening of the right and capacity of the collective land ownership. （4 ） Obscurity of the scope of the objects of collective land ownership. （5 ） The rules for land right are not reasonable. Meanwhile, I point out that reform and improvement of the legal protection system for the rural collective land ownership should be started with the following aspects: （1）The farmer collective ownership is adhered to. （2 ） The nature of the rural collective land ownership and the legal position of the ownership subjects should be determined. （3 ） Change of the subject of the rural collective land ownership that acts on others’ behalf. （4 ） Improvement of various rights and capacities of the rural col