The Priority Order of the Representative Exercise Subject of Rural Homestead Ownership:An Empirical Analysis of the National Judicial Cases
The weak link in the reform of the rural homestead system lies in how to effectively exercise collective ownership,and the representative exercise subject of collective ownership has not established the required legal order,leading to a series of problems of the order of exercising rights in practice.Our empirical analysis of judicial cases reveals that disputes over the order of representative exercise subject of homestead ownership mainly involve the application according to law,profit attribution,and the diversification of legal subjects of homestead ownership.However,the disputes over the order of representative exercise subject of homestead ownership stem from a lack of legal person governance,manifesting as internal right status defects that ultimately lead to chaos in subject priority order.The exercise of homestead ownership by the legal representative of rural collective economic organizations has inherent advantages and natural status.Therefore,strengthening the legal status of the subject is crucial for achieving internal governance through subjects'effective land rights exercise while external governance can be achieved by constructing complementary functional frameworks for the subjects,thereby establishing an internal and external order system for representative exercise of homestead ownership.
Rural Collective Economic OrganizationsRural HomesteadOwnershipRepresentative Exercise SubjectLegal Person GovernanceJudicial Empirics
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