Research On The Realization Of Collective Ownership Of Homestead

Collective land ownership is a special form of land public ownership,and its manifestation at the legal level is collective ownership.Collective ownership of homesteads is an important part of rural collective land ownership.Since the establishment of collective ownership of homesteads in my country in 1962,collective ownership of homesteads has undergone an evolution from "separation of two rights" to "separation of three rights".The “separation of the three rights” separates the qualification rights and the use rights from the ownership and becomes independent rights.This special right structure design makes the collective ownership of homesteads an incomplete ownership,which has caused many in theory and practice.dispute.The No.1 Central Document in 2018 clearly stated that collective ownership of homesteads should be implemented.The use of the term "implementation" indicates that collective ownership of homesteads as a legal right is restricted by various factors such as concepts,theories,systems,and practices.It has not been fully realized,and has been weakened and blurred to a certain extent.The realization of collective ownership of homesteads is an important guarantee for consolidating the basic status of public ownership of land,a basic condition for the development of the collective economy,and an important guarantee for the realization of the rights of rural collective members.Therefore,research on it has great theoretical and practical significance.This article mainly studies the realization of collective ownership of homesteads from the system level:The first part is the formation,development and realization of collective ownership of homesteads.It systematically sorts out the formation and development process of collective ownership of homesteads,and reveals the connotation and value of collective ownership of homesteads based on the logic of authority,empowerment and realization of rights.The second part is the legal composition of collective ownership of homesteads.From the perspective of the legal structure of collective ownership of homesteads,we study the subject of collective ownership of homesteads,the subjects of exercise,and the main powers,and define the connotation and nature of "collective ownership by farmers",clarify the legal status of the three types of subjects of exercise,and clarify the legal status of the three types of exercisers.The residual power of the collective ownership of the base after separating the right to use and qualification of the homestead.The third part is about the outstanding problems and causes in the realization of collective ownership of homesteads.Analyze the specific situations of inadequate realization of collective ownership of homesteads due to infringements in practice,and point out that the current collective ownership of homesteads has serious problems of blurring and weakening,leading to insufficient realization.The fourth part explores the practical experience of realizing collective ownership of homesteads.The practical experience of the three pilot areas for the reform of the homestead system is summarized,classified and analyzed,providing reference experience for exploring feasible paths for the realization of rights.The fifth part is the conception of the path to promote the realization of collective ownership of homesteads.On the basis of the above research,the premise,core and guarantee for the realization of collective ownership of homesteads are put forward,that is,the premise of realization is to give the farmers an absolute status as the subject of rights.The core is to fully realize all powers through the exercise of rights,and the guarantee is when the rights are violated.After that,timely and effective legal remedies can be obtained.Through the above systematic research,the following basic judgments and understandings have been formed: First,collective ownership of homesteads is rooted in our country’s unique collective land ownership,which is a special civil property right that protects farmers’ residential rights;second,farmers collectively act as one.This kind of "group subject" requires specific exercisers to exercise rights on their behalf.Rural collective economic organizations have more advantages among the three types of legal exercisers;third,collective ownership of homesteads separates the right to use and qualifications of homesteads.After the right,the remaining powers can be summarized into the four powers of distribution,recovery,income,and management;fourth,the standard for the realization of collective ownership of homesteads is the full realization of their powers.The realization of this goal is affected by the legislative flaws of the main body of collective ownership of homesteads.Relevant systems restrict the impact of two aspects.Fifth,the full realization of collective ownership of homesteads requires theoretical and legislative improvement as a prerequisite,system design optimization as a means,power realization as the core and timely and effective rights relief as a guarantee.