From Public Power to Private Right: Reflection on the Legal Nature of Collective Land Ownership
Fei Gao
Abstract
Fei Gao
Abstract
In china,collective land ownership is a sort of civil rights,a kind of typical private right.Because the relationship between farmer collective and country is not rationally defined in the active legal system of rural land,collective land ownership with the kind of public power form exists in social life.In current,we should further make subjective characteristic of private right of subject of active collective land ownership clear,the boundary of exerting public power distinct,such as the power of land expropriation,the exective power of land and etc.,and thereby restore the collective land ownership to true features of private rights.
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In china,collective land ownership is a sort of civil rights,a kind of typical private right.Because the relationship between farmer collective and country is not rationally defined in the active legal system of rural land,collective land ownership with the kind of public power form exists in social life.In current,we should further make subjective characteristic of private right of subject of active collective land ownership clear,the boundary of exerting public power distinct,such as the power of land expropriation,the exective power of land and etc.,and thereby restore the collective land ownership to true features of private rights.
Key concepts: Expropriation, Land tenure, Land law, Nonpossessory interest in land, Common ownership, Business, Power (physics), Law and economics