《民法典》集体所有权立法的成功与不足

The Success and Insufficiency of the Legislation of Collective Ownership in the Chinese Civil Code

集体所有权是集体所有制的法律实现形式,为了加强对集体财产权益的保护,确保集体成员的合法权益得到充分实现,民法典编纂对集体所有权立法极为重视。根据党和国家政策有关集体所有制发展及其有效实现对法律制度的需求,《民法典》集体所有权立法以"坚持集体所有制,落实集体所有权"和"赋予农民更多财产权利"为目标,并通过修改《物权法》中相关条文使集体所有权的私权属性更加明晰、回应了集体所有权的运行环境改变状况、丰富了农民集体成员权的内容。然而,《民法典》集体所有权立法同时留下了农民集体与农村集体经济组织的关系不清、农民集体成员权的内容部分缺失、城镇集体所有权制度规定过于粗疏的遗憾。我国《民法典》集体所有权立法的不足,应当通过制定和修改相关法律法规予以弥补,并以此提升集体所有制有效实现的法制水平。

Collective ownership is the legal form of collective ownership.In order to strengthen the protection of collective property rights and ensure the full realization of the legal rights of collective members,the compilation of the Civil Code attaches great importance to the legislation of collective ownership.According to the party and state policies related to the development of collective ownership and its realization of the needs of the legal system,the legislation of collective ownership of the Chinese Civil Code aims to"adhere to the system of collective ownership and implement collective ownership"and"giving farmers more property rights".In addition,by revising related clauses in the"Property Law",the private property of collective ownership has become clearer,responding to the current operating environment of collective ownership,and enriching the content of collective members of farmers.However,the legislation of collective ownership of the Chinese Civil Code also left the regrets that the relationship between the peasant collective and the rural collective economic organization was unclear,the content of the peasant collective membership rights was partially missing,and the system of urban collective ownership was too rough.The insufficiency of the legislation of collective ownership in Chinese Civil Code should be remedied by formulating and amending relevant laws and regulations,so as to improve the legal level of the effective realization of collective ownership.