摘要
新中国成立以来,农村土地权利制度出现过数次变迁,最终形成了农村土地集体所有的制度。农村土地权利制度的不足主要表现在,因为集体所有权概念本身的模糊性,导致集体所有权的主体不明确、农民权利虚化。《物权法》试图通过引入成员权概念来明确集体所有权的主体。成员集体所有在性质上类似于总有,它是完善我国集体土地所有权制度的途径,也是保护农民权益的制度基础。成员权是私法上的权利,不同于村民自治的权利。关于成员资格的认定,原则上应当以户籍为标准,在此之外还应当考虑其他因素。成员权可以分为共益权和自益权两部分,应当完善其救济制度。
Since People’s Republic of China was found,the right system of rural land has changed many times.Ultimately,rural land collective ownership system is established.Due to the fact that the concept of collective ownership itself is obscure,the principal party in collective ownership is unclear and the rights of peasants exist in name only.They are outstanding shortcomings in rural land right system in China.In order to clarify the principal party in collective ownership,Property Right Law endeavors to introduce the concept of ＂right to member＂ to China.The nature of members’ collective ownership is similar to joint ownership,which is the most important way to improve collective ownership system in China and also the basis to protect peasants’ legal interests.The right to member is the legal right in private law regime,which is different with peasants’ right to autonomy.The identification of membership should be based on their residence in principle,and other factors should also be considered.The right to member can be divided into right to co-interest and right to self-interest,and its remedy system should be improved.
出处
《中国法学》
CSSCI
北大核心
2012年第1期45-54,共10页
China Legal Science
