Based on the marketization of the rural economy, the paper summarizes and analyzes the drawbacks existed in our present collective land ownership. Then puts forward the basic idea of perfecting the collective land ownership followed by some measures for it such as: defining the form of farmer collective organization, bettering the land requisition institution and granting farmer the acquisition right of the collective land.
On the Second Plenary Session of the Tenth National People's Congress, the requisition system of the farmer collective land which listed as Article 10,Section 3 in the former Constitution,was amended importantly.
The improvement of irrigation ditch system,the perspicuity of management system of irrigation facilities and the enhancement of farmer collective activities are the keys to the harmonious development in rural irrigation system.
The drawbacks of China's present system of rural land property rights lie in the ambiguity of the principal parts of rural land property rights,farmers' unsteady and incomplete usufruct of land,the deformity of farmers' land profit rights,as well as the fact that farmers and the farmer collective have no virtual rights of disposal for land.
The author insistes that the essence of collective land ownership should be the solo ownership enjoyed by farmer collectivity and the law should endow it a legal status of special civil subject, which will inevitablely establish a solid fundament for improving collective land ownership institution.
The most of collective rural land should belong to peasants' collective of village group scope, the fewer part of collective rural land may belong to peasants' collective of the whole village or the whole township.
Compared with the peasants' collective appealing to the higher authorities for help occurred all through the country , the studies that have been carried out in the academic sector are not systematic and deep enough.
There is a contradiction in the Land Law:on one hand, prescribes peasants have the ownership of the rural land,on the other hand,cancel that.As results,the peasants' collective land ownership lost judicial protection,and our country's land resources decrease rapidly.
They are studying the problems of peasants' collective appealing comprehensively, in time and systematically, exploring the seducing mechanism of it and revealing the relationship between it and the change of rural society.
On the basis of elaborating the present situation and results of property right system construction of peasant collective land in China at present, this paper suggests that we should build such a property right system for peasant collective land, with the clear subject, perfect power and function, standard circulation behaviour, opening land market as well as the supplemental laws and policies.
There are some unavoidable internal contradiction in the structure of peasant collective land, because the law of land lays particular stress on fair value but the specific use of land should seek an efficiency in China.