Institutional Logic of Separation and Connection between Membership Rights and Land Property Rights of Rural Collectives
The purposes of this study are to reveal the institutional logic of the separation and connection between the membership rights and land property rights of rural collectives in the current stage by analyzing the characteristics of the economic and social boundaries of urban and rural residents in different historical stages,and to provide a theoretical basis for the further construction of rural land rights system.The research method combining sociology of law and conceptualist jurisprudence is employed.The research results show that:1)at the current stage,the closed social boundary and open economic boundary in rural areas are the fundamental reasons for the separation and connection between membership rights and land property rights of rural collectives.2)From the perspective of rights separation,these two types of rights are of fundamentally different legal nature.Membership rights of rural collectives pertain to group law,encompassing collective benefit rights and individual benefit rights.Rural land property rights are rights of individual law,including social security-oriented land property rights based on membership and management-oriented real rights based on price mechanism.3)From the perspective of rights connection,these two kinds of rights have close legal relations.The collective benefit right and individual benefit right in membership rights of rural collectives are closely related to the collective land ownership and usufructuary right with identity,respectively.In conclusion,there is a systematic logic of separation and connection between membership rights and land property rights of rural collectives,which will be systematically proposed by the legislative technology of"general law+special law".The basic legal concepts of membership rights and land property rights of rural collectives and the general framework of land right relations are constructed in the Civil Code.The Land Administration Law and other separate laws stipulate the rights and obligations,exercise rules and relief rules of specific land rights.
rural land policygroup lawproperty lawmembership right"tripartite entitlement system"
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NSTL
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