Study On The Non-legitimacy Forms Of Collective Land Ownership In The Urbanization Process

Currently, the country's urbanization is accelerating, with the continuing escalation of the industrial structure, the faster flowing of rural population, and much agricultural land conversion changes, the rural conflict between man and land is strengthened. In such a background, facing to the conflict between the enormous urban demand forland and the farmers'protection for land property, the collective land ownership, as a cornerstone of the rural socio-economic system, plays an important role in accordance with the provisions of its inherent nature.It engages in socio-economic activities with various forms of themselves, and even many forms has breakthrough the current legal system. Therefore, it is very significant to find the non-legitimacy forms of collective land ownership, to analyse the sources of its breakthrough legal system constraints to achieve itself and its impact, and to explore the means for the collective land ownership's non-legitimacy forms to achieve legitimate.The study is an attempt to look at the system of collective land ownership from a new perspective, and expect to find a more economical, more ideal starting point for the reform of the rural land system.This paper researches the reform and development of the collective ownership that has long been debated among academics in the Chinese characteristics urbanization background. To practice rather than theory as a starting point, it uses empirical analysis and normative analysis to analyze the two non-legitimacy existence forms of collective land ownership in the urban context and proof the justification and rationality of these two forms. Then it points out the damages these two forms bring to agriculture, rural development and farmers and grasp the collective land ownership induced changes in the strategic direction. Finally, this paper puts forward the means that lead the non-legitimacy existence forms to achieve the legalization.The main contents are as follows: The full text is divided into seven chapters. The first chapter briefly explain the purpose of the study topics with the significance of research, research contents and methods, the innovation and problems which need to further study The second chapter describes the background of the collective land ownership existence forms and sums up the reality of collective land ownership forms.The third and four chapters analyse the two non-legitimacy forms -- right into the internal collective members of the land adjustments and the underground market transactions of the collective construction land to defy state public power deeply. Among them, the third chapter focused on the analysis of the land adjustment which is one of the collective land ownership's non-legitimacy forms. First, from the two land adjustment cases of Tai'an City and Tengzhou City, on the basis of summing up the land adjustment's characteristics, it discussed the rationality for the existence of the non-legitimacy forms of collective land ownershipand also pointed out its adversely affection on the development of agriculture. Chapter IV analysed the underground market transactions of the collective construction land which is another form of collective construction land. It first pointed its status quo and its non-legitimacy, and then analysed its formation mechanism and rationality for its existenc in depth, finally it formed the evaluation of its macro-efficiency. Chapter V generalized the rationality of the two non-legitimacy forms of collective land ownership,and drawed a conclusion that the inherent nature of the collective land ownership and the inherent requirements to protect the country, collective and private ownership equally were the theoretical support for the collective land ownership to obey the law.Thus it pointed out channels to make the non-legitimacy forms of the collective land ownership legitimate, which were that in the principle that collective land ownership should be conducive to the urbanization and modernization of agriculture, we should design a personificale system of collective land ownership, while strengthening legislation, improving the right of collective land ownership.Chapter VI gives some other safeguards to make the non-legitimacy forms legitimate. Namely: to accelerate the rural social security system; to reform and improve the existing land requisition system; to accelerate the establishment of the collective construction land transfer market.Chapter VII sumerized the entire article.