关键词： 村民委员会, 组集体经济组织, 土地所有权, 发包权, 代行发包权, 确权

Abstract: The issuance of land contract by the villagers' committee on behalf of the group collective economic organization has triggered some lawsuits about the dispute of land ownership and the validity of exchange contract for the contracted land，which has damaged the land contracting order.The current law shows that the group collective economic organization is an independent legal person,and enjoys the right to issue contract of land based on the exercise of land ownership.The villagers' group can enjoy the agent right to issue contract of land only when the daily management organization of the group collective economic organization is not sound,while the villagers' committee has no right to issue contract of land on behalf of the group collective economic organization.The key to solving the above problems is to clarify the subject of the group collective land ownership.It is suggested that the land ownership should be classified on the basis of obtaining evidence,that is,if the land has not appreciated substantially or there is a small conflict of interest,it will be resolved by collective economic organizations through consultation,and if it has appreciated substantially,it will be settled by the litigation of the parties concerned.If a substantial appreciation is possible,it will be resolved by the meeting of group collective economic organizations.Article 65 of the Rural Collective Economic Organization Law (Draft) should clarify and standardize the concepts and definitions of the rural collective economic organization，the right to issue contract and the agent right to issue contract，and specify their requirements and applicable conditions.It is necessary to distinguish between the right to issue contract of the rural collective economic organization and the agent right to issue contract of the autonomous organization for rural grassroots，and further differentiate between the agent right to issue contract of the villagers' group and the villagers' committee.

Key words: villagers' committee, group collective economic organization, land ownership, right to issue contract, agent right to issue contract, right confirmation