Beause of P.R.C. Cilvl Code-property Protocol be harangued in Mainland China lately, the article refer to the social contexts that arised praedial collective proprietorship the time befor Europe built feudality, Looking for what is the collective proprietorship basis by searching after that ancient social relation and rendering down the law relation in ancient time. further, the article take that describing law relation above contradistinguish to the legal phenomenon that commercial proprietorship arised from capitalism society, then build a collective proprietorship law system theory about founding the direction for legislation in Mainland China now need. In the hope of the theory can provide a way that new law don't impede commercial transaction, and have regard to fuse together with the tradition social system at the same time.