| While Article 10 Paragraph 1 of the Chinese Constitution stipulates that land in cities is owned by the state, the phenomenon of "urban villages", the circulation of collectively-owned land for construction, and in situ self-urbanization of rural areas will all lead to difficult constitutional issues about the ownership of "urbanized" collective land in the process of urbanization. Given the urban-rural dual system of land ownership, the differences in the ability to realize collective ownership of land in different rural areas, and the socialist nature of the country, the state-ownership of land in cities provided for in Article 10 Paragraph 1 of the Constitution should be upheld in the long run. However, in view of the demand for new type of rural urbanization and the serious damages to farmers' rights caused by long-term implementation of the urban-rural dual system, it is necessary to give a new interpretation to Article 10 Paragraph 1 of the Constitution in light of the urbanization of people, especially farmers. That is to say, the ownership of an "urbanized" collectively-owned land could be transferred to the State only when all the citizens in a city, especially urbanized farmers, enjoy equal economic, social and cultural rights. Such an interpretation can not only avoid the revision and uphold the authority of the Constitution, but also contribute to the urbanization of farmers and the implementation of the strategy of new rural urbanization. It is also in line with the inherent requirements and historical task of the system of state ownership. |
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