新中國成立以來農村集體成員權的生成－－以“農民－集體”利益關係的嬗變為中心

The Formation of Rural Collective Right Since the People' s Republic of China Is Founded: Focus on the Evolution of the Mutual Interests Between Peasant and Collectivity

以集體公有制的形成為目標的農業集體化，是一個農民被組織起來的過程。農民以土地私人所有權的無償喪失為代價，從自耕農變為合作社社員，又因工業化戰略下城鄉二元結構的鎖定，其身份在人民公社時期被固化。而集體只不過是國家政權控制鄉村資源的手段，公社社員身份並不存在任何私權的意義。人民公社解體之際，集體所有權的利益結構回歸私權框架，規範重心轉移到以土地承包經營權為核心的用益物權上，原公社社員成為新集體成員，土地承包經營權成為農村集體成員權的主要表現之一，並承擔起社會保障的責任，開啟了農村集體成員“保障社員”的意蘊。《物權法》引入“成員權”概念在規範層面正式確立了農村集體成員權的生成。

Collectivization is a process in which the peasants are organized step by step, aiming at the formation of collective ownership system. Accordingly, peasants turn to be the cooperative member at the costs of losing rural land ownership. This membership, due to the urban-rural dual structure under the strategy of industrialization, is solidified in the period of people's commune. However, the collectivity is nothing but the means by which the state power controls the rural resources. Hence the membership of the people's commune does not have any private meaning. As the people's commune is disintegrated, its membership becomes new rural collective member. Meanwhile, collective ownership returns to the framework of private right, which means its core interests is transferred to the usufruct represented by the land contractual management right. Also, this right is built on the basis of rural member right and assumes the responsibility of social securi1y which indicates the implications of the rural collective membership. Introducing the membership right into Real Right Law marks the formation of rural collective membership right in the normative aspect.