Abstract: Because the farmers’ rights in the collective ownership are not clear and the farmers’ membership in the collective property is determined by the household registration, the farmers will meet systematic obstacles when they enjoy their rights in the collective property after settling in the towns. To carry out the household registration reform smoothly, the property rights of the migrant farmers cannot be harmed; therefore the farmers’ collective ownership system and the collective income distribution system should be reformed. The original intention of the collective ownership is to maintain the rights and interests of each member in the collective, so the status of the collective should be blurred in the subject of right, and more rights in the collective property ownership should be directly given to the farmers. The income distribution right of the farmers in the collective property should be designed as the independent rights separated from the family register, and a special implementation and relief system should be constructed.

Key words: reform of the household registration; farmer; rights; legislation