乡土生活场域中的集体财产:从权力到权利

我国目前的农村集体财产处于由行政权力与村社干部权力交织而成的权力网络之中,集体所有权变成残缺的、异化的所有权。在我国未来的民法典中,集体所有权应当是蕴涵了主体独立、平等、意志自由等私法价值理念的真正意义上的财产所有权,行政权力对集体财产不必要的束缚应逐步解除;为了防止所有权的异化,应当赋予集体所有权一定的程序性内涵,为其设置一套有效的运作程序;此外,应设置相关规则防止集体所有权压制农民作为个体对集体财产所享有的权利———用益物权。

Collective Property in Rural Life Field: From Power to Right

The current rural collective property in our country is located in a network woven of administrative power and village cadres' power. As a result, collective proprietorship become mutilated and alienated. In our country's future Civil Code, collective proprietorship should be regarded as genuine proprietorship which connotes certain fundamental values and ideals of private law, including independence of subject, equality in status as well as autonomy of will. Unnecessary restraints resulted from administrative power should be eliminated gradually. An effective operating process of collective proprietorship should be set up to prevent it from being alienated. Moreover, certain regulations should be set up to guard against collective proprietorship suppressing farmer's private right to collective property which is called usufruct.