【作者】 李靖；

【导师】 李建华；

【作者基本信息】 吉林大学 ， 民商法学， 2006， 硕士

【摘要】 本文以物权法理论为参照,在查阅大量文献资料的基础上,对集体土地民事权利有关问题进行分析和研究,并尝试对集体土地所有权、使用权进行物权制度规范和构建。农村土地财产权在民法中的设置应该分为两个层次,一是集体所有权层次;二是使用权层次。在所有权层次中需要确定集体所有制的性质,并对所有权的主体、内容及特征进行分析和阐述,澄清了有关集体所有权若干问题上的模糊认识,在集体土地所有权制度改革方向问题上,认为在现阶段只能坚持和完善集体土地社会主义公有制,私有化或国有化改革均不合时宜。在集体土地使用权层次中对集体土地使用权问题从概念、特征到法律属性、权能进行阐明从而明确土地承包经营权的物权性质,进一步探索土地承包经营权的物权化改造。更多还原

【Abstract】 Controlled and utilized by man, land becomes increasingly rare, though it is the material wealth with the largest quantity. The system of allocation and utilization of things (real right system) is the design and operation of land system that center on land, which is directly related to effective utilization of land and political stability. China has established collective ownership of rural land, but the real right system of collective land remains for a long time untouched. It is of great necessity to have a theoretical study on rural collective land system.Academic circle have had enthusiastic discussions on this question in recent years. Many achievements have been made on the study of the nature of collective ownership of land, land use right and right to contracted management of collective land. Some scholars even put forward legislative advice. However, research on this issue still lacks systematicness and objective, which makes people attempt an ineffective solution and find no crucial points.Reflecting on present system of collective ownership of rural land, this paper concludes the following shortcomings. Firstly, the nature of collective ownership of land is indefinite, which does not correspond to present ownership system of civil law. It is prominent that there are no definite subjects who represent farmers to excise ownership. Secondly there exist subjects of multiple levels, which leads to confusion concerning the scope and ownership of collective land. Thirdly, collective ownership of land is restricted too much to embody the property nature of land. So the utilization of land cannot be improved. Such design does no good to improvement of ownership system’s efficiency and utilization rate of land.To overcome the shortcomings of current system of collective ownership of land we should on the basis of adhering to the system, make clear its nature, perfect its content and give free rein to members of rural collective organizations so as to arouse farmer’s initiatives and promote utilization of更多还原