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以集体公有制的形成为目标的农业集体化,是一个农民被组织起来的过程。农民以土地私人所有权的无偿丧失为代价,从自耕农变为合作社社员,又因工业化战略下城乡二元结构的锁定,其身份在人民公社时期被固化。而集体只不过是国家政权控制乡村资源的手段,公社社员身份并不存在任何私权的意义。人民公社解体之际,集体所有权的利益结构回归私权框架,规范重心转移到以土地承包经营权为核心的用益物权上,原公社社员成为新集体成员,土地承包经营权成为农村集体成员权的主要表现之一,并承担起社会保障的责任,开启了农村集体成员“保障社员”的意蕴。《物权法》引入“成员权”概念在规范层面正式确立了农村集体成员权的生成。
Collectivization of agriculture, aiming at the formation of collective public ownership, is a process in which peasants are organized. Peasants turned themselves from self-employed farmers into cooperatives at the expense of the unpaid loss of private ownership of land, and their identities were cured during the communes because of the dual structure of urban and rural areas under the industrialization strategy. However, the collective is only a means by which the state power controls the rural resources. There is no meaning of any private power as a commune member. At the time of the dissolution of the people’s commune, the interest structure of collective ownership returned to the framework of private power, normatively shifted its focus to the usufructuary right centered on the land contractual management right, the members of the original commune became the new collective members, and the land contractual management right became the rural collective member right One of the main performance, and assume the responsibility of social security, opening up the rural collective members “protect members ” implication. The introduction of the concept of “membership” in the “Property Law” formally established the formation of rural collective membership in the normative level.