On The Nature Of "Farmers' Collective Land Ownership" In China

The matter of "farmers' collective land ownership" is not only a big problem related to the stability and prosperity in rural areas, but also a complex issue concerning politics, economics and law. This article discusses the issue from the perspective of jurisprudence and manages to probe into the truest essence of the issue with the research into the nature of it as a breakthrough, with the authentic and objective exposition of the reality of it, with the theories of traditional ownership and property rights to analyze it. With the comparison between theories and practices, this paper reveals that the "farmers' collective land ownership" is in fact " national collective land ownership" under the signboard of collective. As far as "farmers' collective" is concerned, "farmers' collective land ownership" is not veritable because "farmers'collective" does not have the final right of disposition of the lands they possess, thus they are unable to guarantee their interests and statue as owners. What they own is only the right of using rural lands, that is to say, the truest essence of "farmers collective land ownership" is a right of usufruct. This article is divided into four parts:The first part discusses and studies the significance of "collective ownership of land farmers", expounds it from theoretical, practical and legislative angles. This part provides valuable guidance for the whole paper.The second part discusses the present situations and existing problems of "farmers' collective land ownership" by reviewing the historical course of "farmers' collective land ownership" from its beginning and development, then the part expounds current situations and existing problems of "farmers' collective land ownership" from its subjects, contents and objects. This part mainly provides realistic evidence for the following exposition.The third part comments on some main doctrines of the nature of "farmers' collective land ownership"in the law field. This part discusses the current wrong opinions of the nature of "farmers' collective land ownership" from the opposite side by reviewing and analyzing above opinions, thus foreshadows the scientific nature of "farmers' collective land ownership" in the following partThe fourth part discusses the nature of "farmers' collective land ownership" from a positive angel. This part is the key part of the article and includes the fourth, fifth and sixth chapter. The fourth chapter expounds that "farmers' collective land ownership" is prosperity rights among private rights; the fifth chapter expounds that "farmers' collective land ownership" is not a real ownership concerned with "farmers' collective", then this chapter makes a deep and all-round analysis about the nature of "farmers' collective land ownership" combined with the theories of definition, essence, content and nature of ownership, thus points out that the real owner of rural lands is the nation. The sixth chapter draws therefore the conclusion of this article that the truest essence of "farmers' collective land ownership" in Chinese legal provisions is actually a rural land use usufruct by "farmers' collective".