村民小组集体土地所有权主体地位探析

Analysis on the Main Body Status of the Villagers Group Collective Ownership

村民小组集体是否具有土地所有权主体地位,是当前改革发展时期亟待解决的重大问题之一。从现有制度规范来看,村民小组集体的土地所有权是法律所予以确认的。从各个地方立法和司法实践当中也不难看出,将村民小组集体确定为所有权主体,更有利于处理现实中的实际问题。但是,历史因素造成了不同法律之间、法律与实践之间出现了各种矛盾。这些问题也成为了引发农村基层社会矛盾的重要因素。因此,正视村民小组独立的法律地位,赋予村民小组集体明确的土地所有权,理清村民小组与村民委员会之间的关系,在农村土地深化改革时期尤为重要。

Whether the collective ownership of the Villagers Group is the main body of land ownership is one of the major issues to be solved in the current reform and development period. From the existing system specification,the villagers group of land ownership is confirmed by law. From various local legislation and judicial practice,it is not difficult to see that the villagers group as the main body of the ownership is more conducive to deal with the problems in reality. However,historical factors have caused various contradictions between different laws,and between law and practice. These problems have also become an important factor in rural grassroots social contradictions. Therefore,it is very important to face the independent legal status of the villagers group,to give the villagers group a clear ownership of land,to clarify the relationship between the villagers group and the village committee in the rural land reform period.