乡镇集体土地所有权的变革路径探析

乡镇集体土地所有权直接源于过去的人民公社所有权。目前,乡镇集体土地所有权主体虚置和缺失,乡镇政府成为该所有权事实上的代表,导致乡镇政府职能混淆,公权与私权不分,也使基层干部“一大二公”思想难以消除,集权式管理模式在农村得以继续;而且这种所有权从管理成本、行使效果来看,其效益都极低,应予变革,将乡镇集体的土地分别实现国有、村集体、村民小组集体所有。

A Method to Change the Ownership of Township Collective Land

The ownership of township collective land directly derives from the ownership of the people's communes.Since the status of the owners has not been clearly established,the township governments are now the representatives of the owners in fact,which may abuse the functions of the governments and result in confusion of public power with private power.In this situation,officers at the basic level find it hard to eradicate the notion of "people's communes large in size and having a higher degree of public ownership than the cooperatives" and thus the old collective management may survive in the countryside.Such high cost and low efficiency ownership should be changed.A new ownership that includes state ownership,village ownership and villagers' group ownership should be ascertained.