The legal status of collective land ownership and state land ownership is unequal, which is reflected in the land civil legal system and land administrative legal system. This phenomenon has ideological reasons as well as management system reasons. No matter from the history of collective land ownership, the present situation of land use and protection and jurisprudence, this injustice is unreasonable. To realize the equality of two kinds of land ownership, we must improve the relevant land legal system in civil legislation and administrative legislation.

[Keywords:] equal legal status of land ownership

According to the provisions of the Constitution and the Land Administration Law, China's land ownership is divided into two types-national land ownership and collective land ownership. The legal status of collective land ownership is mainly compared with national land ownership.

First, the existing legal status of collective land ownership and its causes

The legal status of collective land ownership can be analyzed from two aspects. First, as the content of civil rights and the protection provided by civil law. Second, as the object of administrative management, it is restricted.

1. National land ownership and collective land ownership as civil rights

With regard to the civil legal status of collective land ownership, the academic community generally believes that according to the provisions of the Constitution, the General Principles of the Civil Law and the Land Administration Law, collective land ownership is independent and equal to state land ownership. There is no derivative and subordinate relationship between the two kinds of land ownership, and there is no grade difference. The independence of collective land ownership and the equality of two kinds of land ownership are the basic principles of China's land ownership system. There is also a different point of view, that is, according to the current legal provisions and related land systems, it is difficult to think that collective land ownership and state land ownership are in an equal legal position. I basically agree with the first one.