公法所有权理论对农地集体所有权的解说

对农地集体所有主体进行现代化改造的"规范说"与"私有说"本质上都是私有,法人化并不比个人化具有更多的政治可宥性,在逻辑理路上甚至前者更具颠覆性。公有是实现劳动与生产资料天然结合的资产性所有,属于公法范畴;农地集体所有的主体是农民个人,其排他权能的特殊性排除了交易的进行;土地使用权是落实集体所有权的具体安排方式,其局部变动所得价金系所有权权能安排变更的适当补偿。

The Theory of Public Law Ownership's Interpretation of Collective Ownership of Rural Fields

The "normalization" and the "privatization," which are the modernized transformations of the subjects of the rural collective ownership,are essentially private ownership. Public ownership is to realize the capital ownership combining naturally labor and production means,and it belongs to the category of public law. The subjects of the collective ownership of rural fields are the individual farmers. The particularity of exclusion of other power eliminates dealings. The ownership of fields is the concrete way of arrangement to fulfill collective ownership. The gains produced from its local changes are the remedy for the arrangement changes in the power of ownership.