农民集体所有权的制度溯源及法律认识

The Origin of Political System of Farmers' Collective Ownership and Understanding of Legal Norms

清晰认识和界定农民集体所有权是贯彻中央提出的对各种所有制经济平等保护的前提。政治强推下建立的农民集体所有权制度缺少了农民个体自愿联合形成农民集体这一重要的主体基础架构,导致长期以来农民集体所有权一直处于主体缺位的状态。政治主导下设立的农民集体经济组织凌驾于农民集体之上成为农民集体所有权的行使主体。理顺农民集体所有权关系的关键是在规范层面明确农民集体成员作为农民集体所有权的主体地位。

A clear understanding and definition of farmers collective ownership is the premise to equal protection of ownership economy. Farmers＇ collective ownership is established on the push of political power, so it is lack of individual farmers＇ voluntary association, resulting for a long time in a state of subject va-cancy of the farmers＇ collective ownership. Under the guidance of the political system, the farmers＇ collective economic organizations have become the main body of the farmers＇ collective ownership. The key to straight-en out the relationship in the farmers＇ collective ownership is to define the peasant collective members as the main body of the farmers＇ collective ownership.