The Reform of Chinas Country Collective Land Rights System During Social Transformation

In the contemporary China's country collective land right system,there are problems of confusing ownership right and ownership system,equaling using right and ownership right,confusing right relationship and power relationship,private law vacancy and public law offside,and function dislocation and so on.So it is greatly challenged during social transformation.Based on the principle of separating land ownership system from land ownership right,this paper suggests that the present collective land ownership system should be adapted as shareholding system to realize farmer collective ownership system in the form of land value and make farmers as shareholders so as to reach fair value pursuing.It also proposes to establish the collective legal person's ownership system in land physical form and changes farmer collective organization into collective legal person's organization to realize the value pursuing of efficiency,which should be the best selection of reform models for the contemporary China's country collective land right system.