Innovation and development of collective ownership in China

Collective ownership in China is a unique system distinct from the traditional ownership in the civil law system. Within the Chinese legal framework, collective things primarily refer to rural collective land and other rural collective property. Collective ownership not only embodies the ownership of collective property enjoyed by the rural collective, but also emphasizes the effective utilization of collective property. Driven by the market economy, there has been a gradual transition from regulating collective ownership itself to utilizing collective property, resulting in a series of innovative achievements such as “the division of three rights”. Collective ownership is not an isolated right, but interacts with bundles of rights, such as the right to contractual management of land and land management right, jointly affecting the utilization of collective property. The ownership subject of collective property is specific, as the subject acquiring usufructuary rights through contractual management also entails identity attribute characteristics. However, through the design of land management right, the subjects and forms of utilization of land have been expanded, thereby establishing a peculiar system of security rights in collective property.

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Publication Details

Published
2024-09-01
DOI
https://doi.org/10.56461/zr_24.ccp.09
Primary Topic
Land Rights and Reforms
Type
article
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Innovation and development of collective ownership in China

Meiling Huang
Land Rights and Reforms
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Innovation and development of collective ownership in China

Meiling Huang
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Abstract

Collective ownership in China is a unique system distinct from the traditional ownership in the civil law system. Within the Chinese legal framework, collective things primarily refer to rural collective land and other rural collective property. Collective ownership not only embodies the ownership of collective property enjoyed by the rural collective, but also emphasizes the effective utilization of collective property. Driven by the market economy, there has been a gradual transition from regulating collective ownership itself to utilizing collective property, resulting in a series of innovative achievements such as “the division of three rights”. Collective ownership is not an isolated right, but interacts with bundles of rights, such as the right to contractual management of land and land management right, jointly affecting the utilization of collective property. The ownership subject of collective property is specific, as the subject acquiring usufructuary rights through contractual management also entails identity attribute characteristics. However, through the design of land management right, the subjects and forms of utilization of land have been expanded, thereby establishing a peculiar system of security rights in collective property.

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Land Rights and Reforms
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