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随着十八届三中全会《关于全面深化改革若干重大问题的决定》的贯彻落实和新一轮农村土地制度改革的深入推进,农村土地集体所有制存在着法律与现实的悖论。集体土地所有权问题是我国亟须从法律上调整解决的核心问题,改革所涉及的法律法规修订和制定将成为当前工作的一大理论课题。拟对农村集体土地所有权行使主体存在的问题分析,界定集体土地所有权有关权属性质,在此基础上提出相应的完善对策建议,从所有权的权能完善角度提供理论的支持。
With the implementation of the “Decision on Some Important Issues in Deepening the Reform” and the further promotion of the reform of the rural land system in the Third Plenary Session of the 18th CPC Central Committee, there is a paradox of law and reality in rural collective ownership of land. The issue of collective land ownership is a key issue that China urgently needs to be adjusted by law. The revision and formulation of the laws and regulations involved in the reform will become a major theoretical issue for the current work. It is proposed to analyze the existing problems of the subjects of the rural collective land ownership and to define the nature of the ownership of the collective land ownership. Based on this, some suggestions are put forward to improve the ownership of the collective land and provide theoretical support from the perspective of perfecting the ownership.