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我国《物权法》规定的集体土地所有权第五十九条规定了农民集体所有的不动产和动产,属于本集体经济组织的集体所有。根据这个法律规定可以得出我国的农村土地属于本集体经济组织所有,但是在现实中集体主体行使权利存在一些问题。特别是近年来随着我国城乡一体化进程的加快,苏州也在实施城乡建设用地增减挂钩的试点工作,农民脱离了原来的土地,搬进安置的社区,农民的职业由单一的农业生产走向多样化,由农村户口变为城镇户口,社区管理体制也在不断完善,集体经济组织作为集体土地所有权的主体也因新型社区居委会的建立不能继续发挥其各项权利,使得这些决策权、监督权、集体资产收益分配权、经济民主管理等各项权利行使困难,集体经济组织也面临解体的困境,集体土地将面临无主的境地,集体土地收归国家也是一种明智的选择。
Article 59 of the collective land ownership stipulated in the “Property Law” of our country stipulates that the collectively-owned realties and movable properties of peasants belong to the collective ownership of the collective economic organizations. According to the provisions of this law, we can conclude that the rural land in our country belongs to the collective economic organization, but in reality, there are some problems with the collective subject exercising the right. Especially in recent years, with the acceleration of the process of urban-rural integration in our country, Suzhou is also carrying out the pilot project of increasing or decreasing the urban-rural construction land. The peasants have left the original land and moved into resettled communities. The peasants’ occupation has shifted from a single agricultural production Diversified from the rural household accounts into urban hukou, community management system is also constantly improving, the collective economic organizations as the mainstay of collective land ownership because of the establishment of new community committees can not continue to play its all rights, making these decision-making powers, supervisory power The right to distribute the proceeds of collective assets and the economic and democratic management are all difficult to exercise. The collective economic organizations also face the dilemma of disintegration. Collectively-owned land will face a situation of no owners and collective land will be returned to the state as a wise choice.