How Do Farmers Realize Their Rights on the Collective Land in Rural China? An Explanatory Framework for Deconstructing the Subject of Collective Land Ownership

Abstract

This study aims to deconstruct the collective, the subject of collective land ownership. With respect for the logic of the formation of collective land ownership, we propose the “transfreserve” mode to portray the division of rural land rights between the members and the organization in the transformation from private ownership to collective ownership. This idea can be expressed as, prompted by the public power of the state, each farmer as the owner of rural land having to transfer part of his/her rights to the organization when associating, meanwhile each one still reserves part of his/her rights. We term the rights transferred to the organization as special legal person ownership, while the rights reserved by each farmer are called membership rights. The rights exercised by all members on the basis of membership rights are the autonomous rights. In terms of the property rights, such as the distribution right of the collective income, farmers have to participate in decision-making to determine how to form the allocation scheme in a fair and reasonable way by exercising autonomous rights; then, organization fulfills the collective will to meet the needs of its members by exercising special legal person ownership. As for the right to use public infrastructure on the collective land, farmers, as the members, can use it reasonably by its own will, which is the process of exercising membership rights. If farmers’ rights are infringed by other members, they can choose to negotiate with other members in a proper way. If farmers’ rights are infringed when the organization carries out operation activity in the land market, they can obtain compensation from the organization, and the compensation standard is determined by the decision-making.