物权法视野下农村土地制度若干问题探析

Analysis on the Collective Ownership of Country Lands in the Spectrum of the Real Right Law

中国农村现行的土地制度经历了一个变迁的过程。在认识论层面应当区分所有制与所有权。参照大陆法系与英美法系的相关制度分析我国农村土地集体所有的性质。《物权法》对农村土地所有权的规定仍不清晰。与农民承包经营权转让的比较,土地所有权的转移对农民利益的影响更大,维护农民利益的关键是要处理地好农村土地集体所有权转让过程中的法关系。

The land system in the Chinese country at present has gone through a changeful process, which is distinguished from ownership system and ownership right in terms of the spectrum of the cognition. We may analyze the character of our collective ownership of country lands through referring to correlative systems about Continental and. Anglo - American legal system. It is not clear to the rules of the collective ownership on the Real Right Law. Through comparing with the transference of the rural contracted management rights, the transference of the land ownership is more significant to the effect of the peasant benefits, agricultural development and rural stabilization. The most method to protect the peasant benefits is to cope well with the legal relation within the process transferring the collective ownership of country lands.