ISSN 1008-2204
CN 11-3979/C
CHEN Xiaojun, ZHOU Chongcong. Consideration of the Collective Economic Organizations as the Subject of Collective Land Ownership[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2022, 35(5): 67-76. DOI: 10.13766/j.bhsk.1008-2204.2022.0530
Citation: CHEN Xiaojun, ZHOU Chongcong. Consideration of the Collective Economic Organizations as the Subject of Collective Land Ownership[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2022, 35(5): 67-76. DOI: 10.13766/j.bhsk.1008-2204.2022.0530

Consideration of the Collective Economic Organizations as the Subject of Collective Land Ownership

  • The system of collective economic organizations as the subject of collective land ownership has experienced the change from clarity to ambiguity in the historical evolution and the normalization of laws and regulations. An explicit subject system of rural collective land ownership can ensure the effective operation of the collective economy, but the nullity of subject hinders the development of the collective economy, which is manifested in the loopholes in the operation of the rules for the representatives of collective economic organizations to exercise land ownership, as well as in the lack of logic in the expression of the relationship between collective economic organizations and peasant collectives. As the subject of collective land ownership, collective economic organizations get back to historical and normative rationality. On the one hand, collective economic organizations need to take collective land as assets to meet the conditions for the establishment of legal persons, and avoid the loss of collective land assets through the special responsibility of legal persons. On the other hand, only when the collective economic organizations serve as the main support of their members' rights and interests can they finally realize their members' rights and interests, such as land use, income distribution, right relief, and expression of the will.
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