集体土地所有权主体制度的现实困境探析——一个法解释论的视角

集体土地所有权是一种极其重要的财产权,但由于其主体的概念内涵不清、运行中的缺位和利益虚化,致使集体土地所有权制度在实践中未能发挥预期的功能。针对集体土地所有权主体制度的缺陷,应以民事主体的理念对其改进和建构,使其概念内涵明晰,并设计其获取土地所有权利益的法律方式,以引领集体土地所有权主体制度走出现实困境。

A Real Predicament Analysis on the System of Subjects of Collective Land Ownership in China --From the Perspective of the Law Hermeneutic

Collective land ownership is a kind of the first magnitude property rights. However, we did not make the system of collective land ownership bring into its anticipative function, because of the concept of its subject unclear, omission of its subject in operation, weakened benefit. We should direct at the defect of the system of subjects of collective land ownership, use civil subject to structure it, and make the contents of the concept transparent. In addition, we should design the legal method of obtaining the rights and benefits of land ownership to extricate the system of subjects of collective land ownership from the plight.