On The Subject Of The Farmers’ Collective Ownership

The article first introduces the formation and development of the farmers’collective ownership system. During the initial stage of new China, private ownershipof rural land was eliminated and farmers’ collective ownership was created, by theinfluence of Soviet’s model. The subject of the farmers’ collective ownership changedas a series of laws, regulations and policies. Finally,"Real Right Law" confirms threetypes of the subject of the farmers’ collective ownership. They are farmers’ collectiveof a village, farmers’ collective of villagers’ group of the village, farmers’ collective ofa town. However, the article expresses abstractly without more specific rules, blurringthe subject of the farmers’ collective ownership as a result. There are a lot of problemswhen the villagers’ committee of the village exercises the ownership on behalf of thecollective, as the farmers’ interests are easily infringed. Scholars have put forwardvarious reform ideas, such as nationalization, privatization, composite ownership, tostrengthen the utilization function, while they all have disadvantages that can’tovercome. The best choice is to remain the farmers’ collective ownership system andstrengthen the subject of the farmers’ collective ownership.In the second part, the author analyses the property and subject of the farmers’collective ownership. With the analysis of scholars’ representative views, the authorconcludes that the property of the farmers’ collective ownership is legal personownership. There are three types of the subjects of the farmers’ collective ownership:the legal person of collective of villagers’ group of the village, the legal person ofcollective of a village and the legal person of collective of a town. These three typesof subjects are independent and uncrossed.In the third part, the author discusses the blurring of the subject of the farmers’ collective ownership and how to strengthen. The articles of law blurs the subject ofthe farmers’ collective ownership, in the meantime, villagers’ committee of the villageexercises the ownership on behalf of the collective, which is inappropriate. So, thelaw should let the subject of the farmers’ collective ownership exercise the ownershipby itself, make the collective members’ meeting as the organ of authority, and allowfarmer to participate in the decision-making as collective member. The articlespecifically discusses the standard of membership, staff, authority,constitution,convening procedure, voting procedure, supervising procedure ofcollective members’ meeting, trying to establish a system in order to provide somereference for the subject of the farmers’ collective ownership exercising its ownership.