Title: “Peasants' Collective” or “Collective Economy Organization”:Who Is the Owner of Collective Property——Analysis of the Relationship Between the Both from the Perspective of Risk Identification
Abstract: The existing normative documents have different expressions on the issue ofwho is the owner of property,and there is also enormous controversy in theory.But whether the owner of property ispeasants'collectiveorcollective economy organization,it will be unable to avoid the risk which is the transfer of the ownership of land after the manager of property bankrupts.This paper argues that the owner of property is thepeasants'collectivewho invests and establishes the collective economy organization.The point is that thepeasants'collectivedoesn't or needn't invest with the ownership of land,but with various usufructs.The failedcollective economy organizationshould use all of its property including above-mentioned usufructs to repay the debt,but the ownership of land is not involved.After the expiration of usufructs'duration,the ownership of land will restore based on its elasticity,the peasants'collectivecan establish various usufructs and invest in new collective economy organizationsagain.The above-mentioned design can give consideration to many value goals including the stability of the ownership of land,the realization of economy organization's the principal status in market and the protection for peasants'survival.
Publication Year: 2016
Publication Date: 2016-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot