Collective Land Ownership As a Fundamental Right
Viewing from the constitutional status and methods of utilization of the subject of collective land ownership,such ownership is of the nature of fundamental right. As a fundamental right,collective land ownership has normative force,and the current legislative restrictions for collective land ownership has exceeded the legislative boundary for fundamental rights,thus are subject to questions for justice. Only by treating collective land ownership as a fundamental right as required by the Constitution,can the normative system of collective land ownership be clearly defined. Recognition of collective land ownership as a fundamental right necessitates the modification of normative system for collective land ownership based on the current Land Management Law. Because collective land ownership is constructed in the current Constitution as a fundamental right approximately equal to private property rights,the modification of its normative system can be modeled on that of private property rights,namelyinviolability terms + restriction conditions + expropriation and compensation terms.