集体所有土地诸物权形态剖析(国外英语资料).docVIP

集体所有土地诸物权形态剖析(国外英语资料) An analysis of the forms of property rights in collectively owned land Author: Wen Shiyang Our country implements the public ownership of land, and all lands belong to the state or collectives. In the modern legal state, both state-owned land and collectively owned land should be subject to certain ownership and the adjustment of his property right system. But in comparison, the adjustment of the real right law of collective land is still a weak link in the civil and commercial legislation of our country, and there are some deviations and legislative defects on some issues. This paper intends to make a theoretical analysis of several basic forms of property rights of collectively owned land, so as to help improve the legal system of land and promote the legislation of real right in china. I. ownership of collective land Ownership is the cornerstone of the property right system, and the usufructuary right and the security property right on the collective land are all based on the existence of collective land ownership. However, under the current legal system of our country, collective land ownership is worth exploring in its nature, subject and content. As for the nature of collective land ownership, there are mainly three different opinions in Chinas law circle. One is that, the collective land ownership is a separate ownership enjoyed by the collective economic organizations; (Note: Wang Wei: Chinese land rights research, China University of Political Science and Law press, May 1997 edition, page 114th.) Second, our collective ownership is a new type of total, the collective members of the collective property (land) possession, use and income rights, and in accordance with the principle of equality and voluntariness to exercise the ownership of collective land; (Note: Han Song: Chinese peasant collective ownership of the essence of carrier . The science of law in 1992 first). Third, the author thinks that collective ownership is the combinatio