论农民集体土地所有权之主体定位

On the Subject Orientation of Farmers’ Collective Land Ownership

坚持农民集体土地所有权由我国土地公有制决定,其不仅有政策基础,亦有法律依据。然其主体不明,制度设计不符合物权法规律等问题常遭诟病。对此,不能生搬硬套传统物权法理论,要立足我国实情,立足政策解释、历史解释,判断农民集体土地所有权主体性质之实质。此外,还需注意吸收比较法经验,充实农民集体组织社团性与集体组织成员资格之间的有机联系。更要重视把握农民集体土地所有权对于保护农民利益的制度价值。

Adhering to the farmers’collective land ownership is determined by the public ownership of land of China,which has not only policy basis but also legal basis.However,it is often criticized for issues such as lacking clarity in terms of right subject and inconsistent with principle of property law.In this regard,we cannot mechanically apply the traditional theory of property law.Instead,we must base ourselves upon the actual conditions of our country,employing policy interpretation and historical interpretation methodologies,to ascertain the essence of the nature of the right subject of collective land ownership of farmers.In addition,it is necessary to pay attention to the experience of comparative law to enrich the organic connection between the community of farmers’collective organizations and the membership of collective organizations.On top of that,more attention should be paid to grasping the institutional value of farmers’collective land ownership in protecting the interests of farmers.