A probe into the income Distribution right of Peasants' Collective Land in China

The income distribution of collective land has become one of the important sources of income of farmers in China, and the subjects who enjoy the right of collective income distribution have a strong demand for the distribution of income. Collective land income distribution right is not only a specific type of farmers' collective membership right, but also the most important category of collective income distribution right. On the basis of defining its concept, this paper constructs the relevant system of collective land income distribution right based on the basic principles of civil law from the four aspects of right subject, right object, distribution mechanism and relief system, and proposes to establish relevant supporting systems.

China's rural areas are in a state of economic underdevelopment for quite a long period of time, and there are few opportunities for collective income distribution. Because they do not rely on this part of income in life, farmers pay little attention to the income distribution of collective income, especially collective land. With the development of social commodity economy, rural collective land, as a scarce resource and fixed asset, is no longer used alone for cultivated land, but is widely used to create collective income. In addition, more and more collective land is expropriated, expropriation compensation, as the income of collective land, is transformed into considerable wealth in rural families after distribution. The income distribution of collective land has become one of the important sources of income of farmers in our country. the subjects who enjoy the right of collective income distribution have a strong demand for the distribution of income, but because there is no clear protection of rights and fine way of distribution, the competition for the right of distribution is becoming more and more prominent. The report of the 18th CPC National Congress and the No. 1 document of the State Council in 2013 all emphasize the need to protect farmers' property rights, especially their land contractual management rights, homestead use rights and collective income distribution rights. The author intends to study the collective land income distribution right, which is the most important kind of collective income distribution right in this paper.

I. the concept definition of farmers' collective land income distribution right.

(1) the definition of farmers' collective land income distribution right

Wen Jiabao stressed at the Central Rural work Conference: "the right to contracted management of land, the right to the use of residential land, and the right to distribute collective income are legal property rights granted to farmers by law." The academic circle has also conducted relevant research on the "collective income distribution right." Qiao Sheng believes that the prime minister's speech is actually to ensure that the interests of farmers will not be harmed by consolidating and improving the land contractual management right and the collective income distribution right. [1] the tension holds that farmers' collective income distribution right and farmers' usufruct are also called "property rights granted to farmers by law". Zhang Fan and Sun Shuyun believe that the collective can obtain considerable income through centralized land leasing, transfer, expropriation, investment and setting up industry, and farmers share the property rights income after the capitalization of farmland based on their collective membership. It will become an important right component of collective membership. Guan Hongyan believes that the right of the peasant collective members to distribute the distributable collective income based on their membership is the collective income distribution right of the peasant collective members. Some scholars can distinguish between the collective income right and the collective member benefit right, and think that the collective member benefit right is the collective member's right to enjoy or obtain the distribution benefit from the collective ownership according to the collective ownership management stipulation or the collective benefit distribution plan.

On the basis of the research of scholars, the author thinks that the distribution right of collective land income is the most important kind of the distribution right of collective income. From the perspective of interest relationship, collective-owned land must be closely related to the individual interests of collective members, which does not mean that collective land should be divided into shares owned by each peasant, but the law should stipulate that the interests arising from collective land ownership should be shared by all members, and farmers as collective members should be the ultimate holders of benefits based on land ownership. Even if the ownership of collective land is separated from the right to use, China's special land system means that farmers are still collective landowners and enjoy collective land income based on ownership. Accordingly, individual farmers, as one of the collective members of the main body of collective land ownership, naturally enjoy the economic benefits contained in collective ownership, and also enjoy the right to participate in the distribution of collective land income. Therefore, the right of income distribution of farmers' collective land refers to the right of individual farmers, as members of farmers' collective, to participate in the distribution of collective land income by virtue of the ownership enjoyed by them and other members. In essence, this right is the right that farmers have the right to request the farmers' collective to distribute the income generated on the collective land equally based on their collective membership.

(2) the nature and characteristics of farmers' collective land income distribution right

The income distribution right of farmers' collective land is a specific type of farmers' collective membership rights. Both Guan Hongyan (2013) and Chen Xiaojun (2014) attributed the right of distribution of collective income to the content of self-interest right of farmers' collective membership. The property Law expresses the concept of collective ownership by the way of "immovable property and movable property belong to the collective ownership of the members of the collective", highlighting the right status of individual farmers as the subject of "collective membership" in the collective land ownership system. The inseparable ownership of rural collective land does not mean that the collective and its members are also inseparable. The personality separation of the peasant collective and the collective members is not complete, but it cannot be denied that the peasant collective and the collective members objectively exist. For the farmers of collective members, rather than care about some symbolic sense of rural collective ownership, it is better to pay attention to what kind of rights there are above rural collective ownership and how to realize this right as each collective member, that is, equal and achievable income distribution rights. Collective membership right is a kind of property right, collective land income distribution right has the characteristics of property rights directly accompanied by collective membership rights, but also has certain characteristics of personal rights. Only members who are identified as rural collective members enjoy this right, and the collective land income distribution right can not be inherited, can not be transferred, can not be enforced.

II. The system Construction of Peasants' Collective Land income Distribution right in China

The formation of the relationship structure of collective property rights is a dynamic and complex construction process. On the basis of collective membership rights, Chinese farmers spontaneously apply a variety of principles to construct a collective land income distribution system that maximizes their own interests. in order to realize the distribution right of collective land income. The author intends to construct the relevant system of collective land income distribution right based on the basic principles of civil law from four aspects: right subject, right object, distribution mechanism and relief system.

(1) the right subject of the distribution right of collective land income

As mentioned earlier, the farmers' collective land income distribution right is one of the collective members' rights, so the premise of having the collective land income distribution right is to have the rural collective membership. From the existing legal expression, there are two types of qualified peasant collective members: one is the individual peasant, the other is the peasant family, that is, the peasant household. The significance of the existence of farmers is to be able to obtain interests under certain conditions and finally make the interests safely placed in the hands of individual farmers, individual farmers are the ultimate interests of the parties. Therefore, the key to determine the main body of farmers' collective land income distribution right lies in the identification of farmers' individual membership. At present, there is no unified specific standard for the identification of collective membership, which is spontaneously formed by the rural collective in practice and is determined and reflected by villagers' collective voting and voting. Most of the income distribution objects of rural collective land are people who are born with household registration in the village. In this regard, scholars have different views. Yang Yijie believes that land income should be distributed on the basis of legal membership rights, that is, the acquisition of farmers' collective membership rights should be based on legal acts, and members' rights and obligations are obtained through contracts or joining associations, not through household registration or their geographical relationship with the village community. Wang Liming believes that in principle, membership should be determined on the basis of household registration. in addition, other factors such as "obligations to the collective", "collective land as the basic guarantee of life", "birth and adoption", "marriage and divorce" and other factors should be taken into account. at the same time, we should also respect the customary law formed by the collective for a long time. The propositions of the academic circles can not be directly used to solve the conflict of membership identification in reality, and the current legislation does not clearly define the criteria for confirming collective membership, so all kinds of disputes can not be avoided. The author believes that the practice of determining membership simply through villagers' voting is unfair, and fairness can only be achieved by clearly stipulating the identification of collective membership in the form of laws and regulations, the combination of villager autonomy and national compulsion, and respect for local customs.