The Defects Of Rural Collective Land Ownership System And It's Improve Methods

The present land collective property in the countryside formed through the cooperation movement and the people's communalization movement under the planned economy in the middle of last century. With the development of society, this system has already exposed deficiencies in the main part vacancy of collective land property, insufficient power of the property rights, oversize power of government expropriation of land, and farmers' benefits are hard to guarantee. Because of the deficiencies mentioned above, the owners and the users lack the proper judicial relief way when they facing unlawful attack from the Local authority and enterprise land users. Therefore, this kind of infraction turns to the long-term characteristic, the constancy and routine one, which influence the enormous harm to the general farmer's benefit, disturb stably to the society. Therefore, it will be urgent to improve and restructure the land collective property. Through studying present land collective property and learning form the system of company and cooperative society, our research proposed the transformation to the collective landholder. The transform clear the corporate structure of collective farmer (the abstract landholder), and specifically agricultural cooperative into a corporate body. It overcome the absence of collective land ownership; help protect the collective interests of the members. In addition, we should change to the collective land prejudice legislation, give the landholder right to punish and usufruct, "with the place with the price", under the possible condition, to enjoy the same right and treatment with the state-owned land.Finally, consummate the present land-levying compensatory regime, further designs the land-levying procedure, raises the land-levying compensation standard, safeguards farmers'rights and interests for society harmony and the rural development.