Research on the Operation of Collective Land Assets in Rural China and the Construction of Social Security Mechanisms

Author: Wang Keqiang
Publisher:
Publish Date: 2005-04-01
Features: The theory of collective land property rights bundle is the theoretical foundation for the multiple utilities of land to farmers. Land property rights have the following functions: legal protection function, benefit acquisition function, constraint function, incentive function, etc. The collective land property rights in our country can be divided into three levels: ownership, use rights, and rights attached to the above two rights. It needs to be emphasized that ownership is the foundation, and discussing other rights without ownership is meaningless. The subjects of rural collective land ownership are divided into three types: township farmer collectives and village farmer collectives. Due to varying local conditions, the same place may simultaneously exist one or several types of farmer collective ownership. It should be noted that these three types of ownership are applicable to different types of land. For the same piece of collective land, only one type of ownership applies. The subject of the contract is merely the farmers of the collective, and the contract right is fundamentally different from the right to rent. In collective ownership, farmers as individuals have a dual nature. The fundamental contradiction of collective land ownership in our country is: individuals are both owners and not owners, representing a unity of opposites. Currently, the rights of farmers can be summarized as: one of the members of the owner, a contractor, and a land user. Their inheritance of land is not only the inheritance of the right to use land during the contract period but also a deeper inheritance, namely the inheritance of ownership. For this very reason, land is fundamentally different from contracts and leases.