L'utilizzo collettivo e la proprietà collettiva terriera nell'esperienza cinese
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 6, 2017
DOI: 10.1400/259637
From the point of view of Chinese legal history, collective property, especially the collective land ownership, is considered to be ‘belonging’ model that is based on the socialist ideology. The system of the collective land Chinese is formed by the development of a series of political and economic practices. The collective use as the most important goal of the Chinese collective property, for which the concept of collective use is clearly stated, is also a property-function. The lands belong to the members of the collective, and within the collective a communist agricultural system is realized. The distribution of collective land is not subordinated to the competitive market and its rules, and at the same time extra commercium goods that can be used by members of the collective and are excluded from the logic of profit. The use of Chinese collective land provides another model for understanding collective property, and ‘collective cooperation’ and ‘The right to the contracted management of land’ show two typical species of collective property. The right to the contracted management of land, which is an individual use, not conflict with the common interest; the collective economic organizations and the committees of village residents represent the models of government of collective use.