对完善我国农村集体土地所有权法律制度的思考

Some Ideas about the Perfecting of the Legal System concerning the Ownership of Collective Land in Rural Areas

农村土地所有权问题历来是学界关注的焦点,我国实行农村承包经营制以来,在农村土地的使用和所有问题上一直纠缠不清,针对目前我国农村土地所有权制度存在的缺陷和困境的实际状况,认为我国农村土地的法律性质应以新型的“总有”为其基本形态,这既符合我国现阶段的农村土地现状,也解决了长期以来的农村土地所有权主体虚位的现状。

In rural areas, the problem of land ownership has long been the focus of attention of academic circles. Since the starting of contracted managerial system, the use and ownership of land in rural areas have been in a tangle. Aiming at the limitations and difficult situations of the system of rural land ownership, this paper holds that the legal nature of rural land in our country should take a new type of collective ownership as its basic form. That conforms to the conditions of rural land in the present period and manages to change the long-term situation of owner without ownership.