农村集体所有权主体相关问题辨析

农村集体所有权主体虽然立法上有很多称谓，但其核心主体主要为两个：一是农村集体所有权的归属主体，二是农村集体所有权的管理（行使）主体。前者是指农民集体，后者主要是指农村集体经济组织、村委会等。在农村集体所有权行使过程中，农村集体经济组织、村委会等应该是农民集体的集体意志执行者，而不能以其意志作为农民集体的意志，更不能以其管理人员的意志取代农民集体的意志。在处理农村集体所有权的归属主体与管理（行使）主体的关系上，关键在于在立法上建立“农民集体”的集体意志形成与表达的科学机制。

Analysis on the Related Subjects of Rural Collective Ownership

Although there are several names about the rural collective ownership in legislation, there are two key subjects. One is the ownership subject of rural collective ownership, and the other is its supervising subject. The former indicates farmer collec- tive while the latter includes the rural collective economic organization, and the villagers committee. The rural collective econom- ic organization and the villagers committee are executants of the rural collective＇s common will in performing the rural collective ownership. They should not take their own will as that of the rural collective. Considering the relationship between the ownership subject and the supervising subject, it is important to establish scientific system about forming and expressing of rural collective＇s common will in legislation.