我国集体土地所有权主体的法律界定——一个法解释论的视角

On the Legal Concept of Subjects of Collective Land Ownership in China——From the Perspective of Legal Interpretation

通过法解释论的视角对现行有关集体土地所有权主体制度的规范进行解读可知,我国法律制度对集体土地所有权主体的界定已趋于统一,即集体土地所有权之主体为农民集体,具体有乡镇农民集体、村农民集体、村内(农村集体经济组织的)农民集体即村民小组农民集体三种形式,其中集体成员在集体土地所有权制度运行中的利益越来越受到关注。

From the perspective of the law hermeneutie,the author interpreted the rules and regulations about the system of collective land ownership.Then the author came to the conclusion that the definitions of subject of collective land ownership has already been unified in our institution of law.Namely,subject of collective land ownership is farmer collective. There are three forms of farmer collective which are farmers' collective of a town,farmers' collective of a village,farmers' collective in a village (rural collective economic organizational) that is farmers' collective of villager group.Among the three forms,the benefits of collective membership have drawn more and more attention,in the system of collective land ownership.