A Reflection on the Collective Ownership of Land and the Reconstruction of the Institutions in the Ownership Law: A Comment on the Relative Articles of the Draft Ownership Law
QI En-ping
Abstract
QI En-ping
Abstract
The collective ownership of land is not clearly stipulated in the Chinese law.The incompleteness of the ownership of collective-owned land results in many defects in the practice,therefore the institutions on the ownership of the rural collective land should be reformed and perfected,and a clear subject of the ownership should be endowed to the collective-owned land.The future China ownership law should abolish the institution on the right to contract land for management,and construct the institution on the use right to the farm land.
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The collective ownership of land is not clearly stipulated in the Chinese law.The incompleteness of the ownership of collective-owned land results in many defects in the practice,therefore the institutions on the ownership of the rural collective land should be reformed and perfected,and a clear subject of the ownership should be endowed to the collective-owned land.The future China ownership law should abolish the institution on the right to contract land for management,and construct the institution on the use right to the farm land.
Key concepts: Land tenure, Common ownership, Institution, Law, China, Land law, Business, Subject (documents)