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关于我国集体土地所有权与使用权法律制度,存在立法上严重滞后的现象,其结果一是将我国土地制度改革的实践仅限于城市国有土地,对农村集体土地的改革实践从立法上封闭起来;二是由于立法上的封闭,使得农村土地使用权流转失去实践的机会,引发大量纠纷的产生。应具体分析集体土地所有权与使用权的现行立法规定,理顺集体土地使用权与建筑物所有权之间的关系,完善我国集体土地所有权与使用权法律制度。
As to the legal system of the ownership and usufruct of collective land in our country, there is a phenomenon of serious lag in legislation. The first result is that the practice of the reform of the land system in our country is confined to the state-owned land of the city, and the reform of the rural collective land is closed by legislation. Due to the closed legal system, rural land use rights transfer lost the opportunity to practice, triggering a large number of disputes. The current legislative provisions on the ownership and usufruct of collective land should be specifically analyzed to straighten out the relationship between the collective land use rights and the ownership of buildings and to improve the legal system of the ownership and usufruct of collective land in China.