Article 2 of the Land Management Law of the People's Republic of China stipulates that People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people. Article 8 stipulates that land in rural areas and suburbs of cities belongs to collectives, except those owned by the state according to the law, and homestead, private plots and private hills belong to farmers collectively.
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During the period of agricultural cooperation, land has been recognized as collective ownership when Article 60 was implemented, which is the main basis for determining collective ownership. The land ownership certificate issued in the land reform is the legal certificate for farmers' private land to be transformed into cooperative collective ownership. Therefore, whether land belongs to cooperatives during the period of agricultural cooperation is the key to determine whether land ownership belongs to collective ownership.
The principle of presumption of state land ownership is based on Article 18 of Several Provisions on Determining Land Ownership and Use Right: If the land ownership is disputed and it cannot be proved that the disputed land belongs to the peasant collective according to law, it belongs to the state.
That is to say, according to the famous rule that ownerless land belongs to the state in civil law theory, when the boundary between state land ownership and collective land ownership cannot be determined, the collective bears the burden of proof. If the collective cannot prove that the land belongs to the collective, it is presumed that the land belongs to the state.
Baidu encyclopedia-rural land ownership