2006Journal of Yangzhou UniversityRequires access

Collective Co-ownership: A New Form of Co-ownership——A Research on the Nature of Collective Ownership of Land in Rural China

Hu L

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Abstract

Defining exactly the collective ownership of land is the cut-in point to reform and perfect the system.None of the existing definitions is viable in jurisprudence and practice.The exact definition can only be got through using for reference the joint ownership in Common Law System and reconstructing the form of co-ownership in Civil Law System.Collective co-ownership,a new form of co-ownership,has inherent consistency with collective ownership of land.Explaining and managing collective ownership in terms of the principles of collective co-ownership can not only meet the doctrinal and logical demand but also be more feasible in China.

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What this paper is about

Defining exactly the collective ownership of land is the cut-in point to reform and perfect the system.None of the existing definitions is viable in jurisprudence and practice.The exact definition can only be got through using for reference the joint ownership in Common Law System and reconstructing the form of co-ownership in Civil Law System.Collective co-ownership,a new form of co-ownership,has inherent consistency with collective ownership of land.Explaining and managing collective ownership in terms of the principles of collective co-ownership can not only meet the doctrinal and logical demand but also be more feasible in China.

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Available abstract

Defining exactly the collective ownership of land is the cut-in point to reform and perfect the system.None of the existing definitions is viable in jurisprudence and practice.The exact definition can only be got through using for reference the joint ownership in Common Law System and reconstructing the form of co-ownership in Civil Law System.Collective co-ownership,a new form of co-ownership,has inherent consistency with collective ownership of land.Explaining and managing collective ownership in terms of the principles of collective co-ownership can not only meet the doctrinal and logical demand but also be more feasible in China.

Key concepts: Common ownership, Land tenure, China, Business, Law and economics, Point (geometry), Consistency (knowledge bases), Economic system

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Collective Co-ownership: A New Form of Co-ownership——A Research on the Nature of Collective Ownership of Land in Rural China — Research Paper | ScholarLens