Collective ownership of farmers to explore the subject of clarity (the)

Keywords: collective ownership of the subject / collective membership / members of the right

Summary: the clarity of the subject of collective ownership to private ownership is not the clarity of the criteria for judging. China has defined the collective ownership of the main body of the group members, so long as a specific collective farmers clear the collective membership, clearly a member of the collective body and its form, a clear exercise of collective ownership of the collective organization and collective rights and obligations of members and rules of conduct, you can clear the collective ownership of the subject.



Second, the collective members of the collective body composition

Collective ownership of the subject, as a Civil rights body should have the ability to have its own will and interests of the collective ownership of the independence of the first subject is the difference between the collective and the collective nature of his, followed by the difference between the collective and the collective members of this His distinction between the collective and the collective expression of the collective nature of completely independent, its independence is to rely on administrative divisions to determine the different rural collectives and village collectives, groups of villagers collectives are independent; in a rural village within the village collective and individual collective groups of villagers collective village within the village collective and the individual groups of villagers Jiti own property are separate, each rural administrative divisions collective, each village collective, the village committee the various groups of villagers into collective distinction is clear, its own collective property has a separate ownership and within a collective, the collective members of the collective relationship with their own, to be completed in the collective ownership of property and interests The ultimate purpose of attribution of meaning, it can not be completely independent, it is collective and not from the members present, in the sense of collective ownership to members based on a collective, members of the group is the collective ownership of the subject. but the collective is different from individual members, the collective is a collection of individual members, which Jiti and with relative independence. members constitute a collective process, the first of its privately owned land and property in co-operation there, it will separate all the individual members of each property cooperation with other members into the common property of the individual in a total relationship strong independence and freedom of individuals to share and dividends rights, retirement community in theory the freedom on the basis of the gradual abolition of the shares and dividend rights, is the repeal of the share of private individuals, to achieve a share with other members, regardless of size, are equal for all of public ownership, by the collective members of the collective total range in the collective total, the common interests no longer the size of individual ownership of the shares to individuals, but all group members equal to the equitable distribution of the collective identity of members, so the collective ownership of the group members still point to function, so the group members are still the main bearer of collective ownership, but members of the no longer the selfish personal independence and freedom of personality, the exercise of collective ownership, but in a collective form, that form of community ownership in by shares, the share of each tenant-based consultation exercise of its ownership in There are common rules in accordance with their common relationship to manage each tenant equal total assets. In the collective, members of the large number of people using the general consultation of the total, you can not reach a collective unity of the will were entitled to exercise, so the group members the exercise of collective ownership in the abstract on the basis of member organizations in a group is a member of the group , but it is not only members but also with its constitution or management of the Statute, agencies, and the constitution or the statute is to require members and community relations, membership in groups defined rights and obligations, provisions and duties of institutional settings, resulting in members of the democratic agreed basis, after the formation of collective ownership of certain procedures will achieve the purpose of collective ownership, collective ownership is vested in the collective interests of individual members, therefore, the collective ownership of the subject is a collective member, but he was the collectivization members, in respect of property Law in China is called "the collective members of the collective." Here we see, from private individuals, to members of the collective, through private land and other property of the people of public ownership for the , the collective public ownership is to achieve the interests of each group members for the purpose, which decided to through collective ownership, collective ownership of the vested interests of the collective members, the collective decision is collective ownership of the main collective members for group members of the collective is all most people's common, it should be called a collective total.

Collective members of the collective ownership of property, is composed by members of the collective ownership of the main body of collectivization, but also that "the collective members of the group". "Collective members of the collective" is a combination of members and the collective, where collective ownership collective character and personality do not get from the members of the independent members of the collective into the individual does not lose its character, but equally with other members, in accordance with statute Law and collective management of rights obligations and therefore, the collective non-corporate groups, not deviate from the members of the independent body. Jiti not from members of national organizations, members are not above the oppression above the members of the organization, but members of the main people in the organization, members will go through a democratic process to form a collective will to the will of the collective will as the main collective ownership, will be able to solve the collective ownership of land and property members of the collective and therefore, the collective ownership interests of the attribution is clear. the collective ownership of unincorporated body of this form by collective members of the organization as a collective, become the subject of ownership. Therefore, as long as a clear collective rights of members of the collective, and to ensure the exercise of their rights and implementation of collective ownership of vested interests on the clear, its ownership function will achieve a fact not necessary to debate the subject of collective ownership is group members or the collective (organization, both essentially the same, we can only say that the collective ownership of the subject is a member of the collective group.

We will be the collective members of the group, not from the members located in the unincorporated community of personality, why uncertain in the completely independent of the members of the corporate organizations? In fact nothing more than the collective farmers members Jiti two cases: one is to establish an independent member body corporate, by the collective ownership of legal persons shall enjoy, one that is not with the members of the unincorporated community of personal independence, which is by Law a matter of choice, although many scholars have argued that farmers should be the subject of collective ownership of legal persons, but For the legal ownership of the academic ability to have different views on this regard, I believe that the primary function of ownership is clear ownership of property for private ownership, the ownership is from the final sense, should be attributed to the individual. legal system operating system as property, in which members of the investment shareholders to form a collection of property Law on the processing technology to give its legal personality, the shareholders of the investment property and property separate from other shareholders to make independent, attributed to corporate control, In the corporate business bankruptcy, the shareholders is limited to funding only limited liability to avoid the risk function to play in here, not only the existence of legal control of property belonging to its ownership of problems there, but also a legal issue of property belonging to the shareholders In here are independent of the corporate property and other property of the independence of the shareholders, not to deny the ownership of shareholders, but to allow shareholders, limited liability, risk-averse. as long as the Law provides for individual ownership, the ownership of the property clearly , between all of its property operations through legal means, in legal operation period, the legal ownership of property only to corporate shareholders of the other property with separate technical processing when the legal termination of its remaining property is still vested in the shareholders. Therefore, the issue of corporate property rights is the ownership and management mechanism and its franchise relationship, not the ultimate issue of ownership of the sense of ownership. in terms of collective ownership of collective property or the ownership of the collective members of the groups involved in the collective nature of collective ownership Civil law system of understanding and ownership of the technology deal. collective ownership in the common possession of the group members on the basis of personal ownership, is a collective membership of all individuals to achieve their joint possession of a form of collective and individual members are not decidedly antagonistic to the collective by the membership, individual members are among the individuals pArticipating in the collective, not isolated from the collective of individuals. Can not be considered collective property can only be that Jiti groups, but not attributed to the group members, not to collective ownership of property in private ownership will lead the group members. "Collective members of the collective" just and proper representation of the members of the collective unity, so , attributed to the collective and vested in the collective members are the same, that the collective members of the opposite view and the collective, the public only to collective thinking of the public in the collective organization is not consistent with the nature of collective ownership.

Commitment to public ownership of collective land in China is a member of the collective farmers to survive the social security function, the function is the collective ownership of farmers, will belong to the collective land ownership in the collective members of the group in the collective ownership of the main technical processing of Civil law, regardless of unincorporated association to members of the group, or members of the collective body corporate, collective members in defining the rights and clear rules of conduct in the case, are possible from the ownership of the legislation, as long as the provisions of the "peasant collectives of immovable and movable property , are members of the collective the collective, "is enough to clear the collective ownership. is to take collective ownership of specific unincorporated collective total of the collective members, or take a body corporate ownership, should be, as the case may be in China's rural, Most of the farmers of the land contract to the collective members of the collective contract, the collective no other economic activities and property, this collective will be declared the legal person does not make sense, because he was not actually legal. If we disregard the reality of China's rural areas, farmers from the legislative provisions on the collective ownership of the legal ownership, are out of the rural conditions. Corporation has its generation law, not with the legal provisions that out, just as the early reforms under the law State-owned enterprises with legal status, as in the unfinished business before the reform of property rights and the mechanisms of state-owned enterprises are also not legal. Some people advocate the transformation of peasants into the collective body, this easy? Who transformation? Whether the necessary? Fix is ​​another frustrating for farmers or restructuring of the privatization, restructuring of the result is elimination of collective ownership.

China's farmers have collectively owned land is public ownership of land is the basic guarantee for farmers, collective land ownership in addition to national purposes may be levied in the public interest is not allowed outside of trading, from technical unincorporated legal personality of the group members is not independent and collective, the collective as a group are not from the collective members for group members shared a collective way to enjoy collective land ownership, not the sale of collective land, foreign nor responsibility to collective ownership of land as property, therefore, the collective ownership of the subject, take all of the collective members of the collective form of unincorporated organization, in line with the reality of rural areas, as long as the provisions of collective real estate and movable property belonging to members of the collective of all, clearly the collective ownership of property. As for collective members of the group in the operation process of collective property With economic development, need to play legal system functions, for example, the use of corporate property and responsibility of an independent establishment of an independent and flexible management mechanism and business risk avoidance mechanism, and thus the collective body corporate, which also can take collective body of all forms. Again, some of the village collective land and the collective to the collective property of all members of the allotment, by the collective members of the full ownership of the establishment of limited liability company, however, the collective body of the establishment of collective members of the group of economic development, in accordance with the law established, usually in the collective economic development, collective property, a high accumulation of circumstances that created only if the collective land, and land fragmentation contract is not necessary to establish a collective property of all the main legal person if the legal provisions of collective land ownership ownership, corporate operations in the economy, we must assume its responsibility for all of the land, which is collective land in public ownership and the social security function is responsible for the contrary, it may not be sold with the collective ownership of land is contrary to constitutional principles. If economic development with the collective, the collective accumulation of property other than land in line with legal conditions for the establishment of property, the collective can establish a collective body of all the property, take all the legal forms, but must be clear, the collective ownership of land which shall not be responsible property, corporate operations responsibilities to other property other than land held responsible, members of the collective ownership of land is to protect the living conditions of this independent and corporate responsibility with all its property, the principle of a contradiction, even to take all legal cases, Corporate members also belong to the collective, the collective members are corporate members, is the legal owner and therefore, the collective ownership of the attribution of the main choices in dealing with the legislative technique should provide for collective immovable and movable property owned by the collective members of the collective, while the collective All members of the collective rights and obligations and to provide for rules of conduct for corporate ownership in the form of collective property, the ownership of the general provisions of law do, but not banned, only indicate Jiti corporate established by law for all of its property, suitable for corporate enterprise system and the form of the law.

Ownership of property ownership from the collective point of view, the provisions of the collective movable and immovable property belonging to the collective members of the collective, operating from the perspective of collective ownership, collective ownership as the main members of the collective, the collective property can be invested in corporate. The establishment of collective investment corporate, collective investment property have legal property rights, can independently control and independent control of the property with its responsibility for group limited its contribution to its investment in corporate debt responsibility, collective investment in other property are not affected so corporate system function in the collective property of the operations to play, which will direct the provisions of the collective ownership of corporate ownership is different things. According to Article 67 of Property Law provides that collective investment law can be set up limited liability corporation, or other enterprises, collectively owned real estate or movable property, invested enterprises, collective agreement or as a capital contribution in accordance with the investor share of the assets, major decisions and select managers and other rights and obligations. then Jiti invested in the property business, from corporate ownership, the collective enjoyment of the rights of investors, corporate ownership is not a time of collective ownership, collective ownership into a collective enterprise the rights of investors are still members of the collective is a collective right of collective contribution to the corporate enterprise property in accordance with laws, administrative regulations and Articles of association the right to possess, use, benefits and rights of action, the collective interests of members equal access to investors.

Property Law Article 60 stipulates that collective ownership by the collective economic organizations on behalf of the collective exercise of ownership, collective ownership of the establishment of the representative of the collective economic organizations meet the legal conditions, with legal personality, the legal representatives of economic organizations, it is only the organization of collective ownership , ownership is still the main group, that is, the collective members of the group if the collective economic development of the collective, according to the needs of economic development based on legal system to establish a collective body, the body have a collective property rights, in accordance with relevant legal system, regulations on the line a In real life, some of the village set up a certain village collective economic Association, a certain village group as a representative of the exercise of collective ownership, and announced that it has legal personality, but in fact a set with the village men, two a sign, just an economic management organization, responsible for the members of the collective management of collectively owned property, and no legal substance, so do not see such a sign, they think the village collective ownership is corporate ownership. legislation on collective ownership the main structure of the most critical is to provide members of the collective ownership of the collective rights and obligations and rules of conduct.

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Third, the collective ownership of the subject of collective rights and collective organization and its members' rights

Collective ownership of farmers are members of the collective body of the collective, is a member and the collective unity, in the collective ownership of the main structure must be clear right to collective organization and membership rights.

(A collective ownership of the exercise of collective organization

Here is the collective organization of democratic elections by the collective members or law, on behalf of the collective members of the exercise of collective ownership or management, management of collective property of the collective organization. China's Civil Code Article 74 provides that "collective-owned land in accordance with the law belongs to the village farmers collectively owned by the village agricultural production cooperatives and other collective economic organizations or villagers committees, management. "China's Property Law Article 60 provides for the farmers collective ownership of land and forests, mountains, grasslands, wastelands, beaches, etc., in accordance with the following provisions of the exercise of ownership: (a collective of farmers belonging to the village by the village collective economic organizations or villagers 'committee on behalf of the collective exercise of ownership, (2 belong to the village collectively owned more than two farmers from the village of the collective organization or villagers' groups on behalf of the collective exercise of ownership, ( 3 belongs to the township peasant collectives by the rural collective economic organizations on behalf of collective ownership. visible, regardless of Civil Law or Property Law provide for the farmers collective ownership of the subject that is collective farmers, which is the collective members of the group. collective ownership of the exercise of the need for collective organization, but the Civil Code provisions of the collective organization of collective ownership of the operation, management body, property law provides for collective organization on behalf of the exercise of collective ownership, collective ownership group as the representative body, which is just different titles, both in the real sense is the same. collective organization as the collective ownership of representative organizations, he has exercised the collective ownership of the collective members of the collective ownership is not his own independent ownership, collective organization is the collective body of the embodiment of the composition of the collective elements for group collective economic organization established organization specializing in economic activities, such as collective cooperative organizations, agribusiness companies, collective group, etc. village committee is the village's self-organization, but the village committee and the collective economic organizations are not antagonistic in nature, because village self-government content, including economic autonomy, self-organization of the functions of the course, including economic functions. Thus, as farmers collective ownership of the management body or representative, and collective economic organizations is the same in real economic life, most of the farmers by the collective Village committee or villagers 'groups and other self-organization, collective exercise on behalf of members of the collective ownership, but not to set up collective economic organizations, even if some Jiti set up a so-called collective economic organizations, it is basically a set of men with the villagers' committee two brands or members of the village is the executing agency for the economic management functions and only in some highly developed collective economy, the collective range of the collective economic affairs, it may set up independent of the collective economic organizations, therefore, on the subject of collective ownership structure, there is no need to have emphasis on collective ownership of the exercise must be a representative of the collective economic organizations, some scholars frequently to the village committee is denied the villagers' self-organization nature of economic organization, that the village committee is not appropriate for collective ownership of the act as a representative view is wrong. My choice of property law of the village collective economic organizations or villagers 'committees, village collective economic organizations or villagers' group, defined as rural collective economic organizations, representatives of the collective ownership of the exercise is appropriate, such a requirement has great flexibility to adapt to the realities of China's rural areas .

(B collective rights and obligations of the organization

China's property law provides for the exercise of collective ownership of farmers 'representatives, collective economic organizations or villagers' committees, but representatives of their specific rights and obligations does not make a specific provision, Article 62 provides that only the collective organization should be in accordance with laws, administrative regulations and the Articles of Association , pacts announced to members of the collective state of collective property obligations. Civil Code provide for collective organizations have collective property of the operation, management, property law provides for collective organization on behalf of the collective exercise of collective ownership. the right to collective organization should be on these two in combination, provide for collective organization on behalf of the collective exercise of collective ownership, operation, management of collective property in terms of external representation generally, the collective organization is the collective ownership of the main external representation, with national, collective and personal relationships him on collective organization on behalf of the collective members of the group activities, Internally, within the collective organization in the collective is a collective of managers, operators. Through collective management of the organization to achieve collective members of the purpose of collective ownership of property, for example, the exercise of collective ownership of the major issues to be decided by the collective members of democratic, collective organization, there are collective members of the General Assembly to convene and preside over the rights of the collective members to make the resolution of matters , must be responsible for the implementation and enforcement of collective organization. operating by economic factors, input-output economic activity, the property owner the right to run their own gains. collective organizations certainly have the right to exercise collective ownership of collective property management. our collective farmers All personal property in some Jiti implementation of household contract management, and some Jiti implement decentralized management and collective unity of the family business combining the two-tier management system, and some Jiti by the collective unified operation. Therefore, the collective organization of the collective right to operate is necessary. Property Law Article 67 of the collective contribution of real estate or personal property can be set up limited liability corporation, or other enterprises, collective real estate or personal property, put into the business, Jiti, as the investor is entitled in accordance with the agreed share of the assets or investment income, major decisions and select managers and other rights and obligations, so the collective right to organize should be from right to representation, management rights, the right to operate three major aspects to regulate them. collective organization on behalf of collective ownership obligations, property law does not make clear rules, but according to property law the relevant provisions of the spirit can derive its obligations include: (a respect for the collective members of the collective ownership of the issues decided rights obligations (property law Article 59 (2 perform collective members resolutions of the obligations (Property Law Article 59, (3 published collective property status of obligations (Property Law Article 62, (4 to protect the collective ownership of the inviolability of the obligation (Property Law Article 63, (5 not infringe upon the collective members of the legal rights obligations (property law section 63 (6) the collective investment in business property behalf of the collective to fulfill the investor's obligations (property law section 67 (7) for the realization of collective ownership necessary for the purpose of other obligations, such as collective ownership to private ownership may not split the duties. clear on behalf of the collective exercise of ownership rights and obligations of collective organization, is the collective ownership of the subject clearly an important aspect.

(Three members of the collective rights of

The collective members of the group is the subject of collective ownership, collective ownership of the members of the collective, which is the collective ownership of the main rights and obligations clearly the most important aspects for group membership interests means is that collective ownership of the main internal individual members and overall relations, collective members within the individual in the collective ownership of the rights and interests for the collective members of the rights, property law Article 59 only provides for the collective ownership of the issues the right to decide, on the other rights do not make specific provisions. based on collective ownership the nature of the collective members of the collective ownership of the right has two main aspects: the collective members of the co-benefits and collective members from the usufruct for group members a total of usufruct is a collective member-based collective interests to engage in collective ownership of the exercise of the decision and supervision.

Decision is mainly reflected in the exercise of collective ownership of the major issues should be decided by the collective members for group members the right to decide first in the collective organization of the right to vote and be elected must, for example, according to the Village Committee Organization Law of the village committee election and elected, followed by decisions on matters related to the exercise of collective ownership of the rights, property law such as Article 59 according to the provisions of collective ownership should be exercised in accordance with legal procedures by the members of the collective decision include: (a land contract and land contract to the program The units or individuals outside the collective contract; (2 individual right to land contractual management contract between the adjustment of land, and (3 Land compensation costs, and allocation, (4 collective contribution of changes in ownership of the business and other matters, (5 law and other matters.

Collective members of the supervisory power of the collective members of the collective ownership of the exercise of the powers of democratic supervision of managers. China's Property Law Article 62 states: "Collective economic organizations or villagers 'committees and villagers' group shall be in accordance with laws, administrative regulations and articles of association, village bylaws China released to members of the collective about collective property of the state. "this is actually a member of the collective oversight requirements for group members to act against the collective ownership should have filed a lawsuit against the maintenance of collective ownership is not right.

The right of self-interest group members is collective members to achieve their own interests in the collective ownership of the exercise of rights, mainly including two aspects: First, the collective members enjoy the right of collective property, first made in the collective property rights of the individual or property rights for group members to enjoy the right to collective property, is the collective members of the collective rights of access to public facilities, individuals, for example, from the collective public water facilities, water rights, cultural and sports facilities for collective use rights, public road right of passage for group members made individual rights, collective property rights or distribution rights of access to personal property, the former obtains the right to land contractual management, which participate in collective benefits, such as fair distribution of rights and collective welfare. clear Members of the collective interests of the collective ownership, collective ownership can be vested in a clear and achieve the purpose of collective ownership.

Class members to exercise the obligations of collective ownership are: (1) In the exercise of collective ownership of collective property management in compliance with the obligations of the statute, (2 subject to the collective members of the collective decisions and collective organization, in accordance with law and regulations and the Statute of the collective property management management obligations, (3 can be allocated in the collective welfare division shall not be required beyond the obligations of collective property, (4 out of the collective or the group members lost eligibility for other reasons, and shall not require separate collective property, (5 collective decision not split the group members accumulation of collective land property and public property, Huagongweisi This is the public nature of collective ownership of decisions is different from private ownership to collective ownership characteristics.

In summary, clearly the main body of the farmers collective ownership, collective ownership structure of the primary aspects of the system, farmers should be based on collective ownership, is a collective based on public ownership of the collective members of the collective total of the nature of property law in China has been defined as the collective ownership of farmers all the collective members of the group on the basis of clearly defined the qualifications of the group members and their changes, specifically members of the collective form of organization, a clear exercise of representative organizations of collective ownership and collective rights and obligations of membership and rules of conduct, you can achieve the collective ownership of main unclear. any accusations of collective ownership of the main unknown would have died.

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