Journal of Dali University

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 A Study on Abstraction and Embodiment of Collective Land Property Rights

 Wang Tingyong, Cheng Jingqi, Lu Ling   

  1. 1.Qiannan Normal University for Nationalities;2. Division of Humanities, Hong Kong University of
    Science and Technology
  • Online:2017-05-15 Published:2017-05-15
  • Supported by:
     

Abstract:  Collective land rights are the unity of abstractness and concreteness. The abstractness of the land ownership and the
embodiment of the land use right is a basic trend in the evolution of the collective land property rights. Land system in the future
legislation should accurately grasp and understand this important feature in future advancement. Especially in accelerating the
separation of the collective land property rights, the abstract collective land ownership should be clarified as collective land ownership
in legal sense, and the embodied collective land use rights should be cleared regulated as collective land use right in economic sense,
which could continuously strengthen the farmers' land property rights and properly handle land development rights and interests of the
state, the collective and the farmers, in order to avoid the risk of accelerating segregation of collective land property rights.

 

Key words:  land property right, abstraction, specific, separation

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