The Collective Members'Rights in the Context of Ownership
The idea that collective member's rights are the rights of member from independent collective ownership was generally accepted,and the ownership of legal person was understood as a type of individual ownership accordingly.But the individual own-ership is usually the absolute ownership centered on attribution,while the group ownership must be the relative ownership cen-tered on utilization,which cannot be interpreted that individual ownership is a useful complement to absolute ownership.And there is a relative separation between the attribution and which cannot be interpreted as individual ownership.As a beneficial sup-plement to absolute ownership,relative ownership exists the relative separation of attribution and domination.Collective member's rights,as the ownership arrangement of the group,embodies the group status of the collective members,but the succession of theory for member's rights from status to specific rights is gradually moving away from its intrinsic attribute.The function of social security and food security carried by collective ownership determines the particularity of collective member's rights.There are two types of collective membership,namely"small collective,large member"and"large collective and small member".The former is a basic type,enjoying dominating ownership by its members and giving farmers more rights,while the latter is a derivative type,is more individualistic,but still constrained by the function of the basic type.There is an paradox of equality in the realiza-tion of collective member's rights,and the lease holding household as a mechanism to ease their tension,are not the subject of collective member's rights.