Study On Transfer Of Agricultural Land Contract Right

With the rapid rural development and the change of agricultural production mode, transfer of agricultural land contract right has been taking place. It is significant to optimize the allocation of land and labour force which are the two important resources for production, to increase the farmers'income, to promote the development of agricultural modernization. Studying the nature of land contract right transfer, the importance to the farmers and agricultural development, the fundamental driving force of the transferring market, transferring willingness of the market participants, various contradictions in transferring practices and the relevant reasons are the basis to explore how to structure reasonable contract right transfer mechanism, how to promote the development of contract right transfer and how to improve the transferring market constantly. In order to grasp the above subjects more comprehensively and more deeply, it is necessary to discuss the contract right transfer deeply from various aspects such as history and reality, theory and practice, macro-view, meso-view and micro-view.Following the above instruction, first of all, the paper analyzes and summarizes land contract right transfer based on the property theory and institution change theory, then makes a conclusion that the land contract right transfer presents"the capabilities of property from concentration to dispersion process"since the founding of the People's Republic of China, proving scientific nature of the concept"bundle of rights"in practice in the custom legal system. At the same time, the paper has found the reasonable explanation for the new trend of current agricultural land system, which is the land contract right transfer from the perspective of property right. Moreover, through analysis and comparison of different performances of historic institutional arrangements of agricultural land systems, the paper obtains the significance of"right to profits"in the property right structure. Therefore, in mechanism construction of transfer of agricultural land contract right, the reasonable arrangement of the transferor and transferee with profits distribution mechanism will affect the efficiency of agricultural land allocation.Secondly, the paper investigates the motivating force of land contract right transfer which is the development of the secondary and tertiary industries. The deduction of coupling between the development of secondary and tertiary industries and land contract right transfer demonstrates that the discrepancy of marginal output of rural household has been widen, therefore capital goods are needed to be reallocated. In actuality, the equilibrium between the original rural labor force and land resources has been broken with the development of the secondary and tertiary industries and the land contract right transfer market has become the outcome of the highly-efficient allocation between"labor"and"land". The land contract right transfer market is more developed in areas where the secondary and tertiary industries are well-developed and sufficient job opportunities are available. Therefore, it has reached to the conclusion that the development of land contract right transfer is coupled with that of secondary and tertiary industries, and the root motivating force of the development of land contract right transfer market is the development of secondary and tertiary industries.Thirdly, the current situation, as well as its characteristics and trends of the transfer of agricultural land contract right in Hebei Province are surveyed at the realistic and meso level. It started fairly late and its scale is still small. However, its development is fast, which also has a tendency of systematization, paid use and institutionalization. In spite of that, there still exists such problem in market, ineffective protection of the farmers'benefits and so on. The reasons for these problems lie in both government and market. From the perspective of the government, the development of land contract right transfer market is restricted by the laws and regulations lag, existing fuzziness of collective property, etc. From the perspective of the market, lack of power in supply and demand is the root for the underdevelopment in the market.Fourthly, factors influencing households'willingness in transfer land contract right have been studied from a micro perspective. It is the transfer willingness that will finally determine the households'choices in the market. The study on these factors can construct the behavioral model, and then provide an idea for the construction of the transfer organization. Binary logistic regression is used here to examine seven influencing factors of the following 3 categories to the transfer willingness like household endowment, economic development and the institutional environment, and finally the three factors to the transfer willingness of land contract right are reached. These three factors are household tenure security, household social security and household family income structure. Therefore, to enhance the households'transfer willingness in a microscopic approach, the expectation of the household tenure security should be enhanced, the social security system in countryside strengthened, and the proportion of non-agricultural job income improved in the household family total income.Finally, based on the analysis and summarization to the history of the agricultural land system and accordingly macro and micro observation to the contractual business running, the research discusses the mechanism of transfer of agricultural land contract right, which refers to the interactions of the major bodies in the process of transfer of agricultural land contract right, involving a series of rules, systems and regulations. On the premise of knowing the connotation of the mechanism, this research discusses the mechanism as well as four systems covered in the mechanism, namely, transfer mode regulation, benefit-allocation system, farmers'social security system and finical supporting mechanism. When building the mechanism of transfer of agricultural land contract right, the government's role and its functions are important for the development of transfer of agricultural land contract right. Functions of the government lie in four areas as service-providing, administrating, supervising and improving comparative benefits of agriculture.This paper is novel in three aspects. First, two new concepts are raised, namely"I-I land contract right transfer"and"I-O land contract right transfer". Senond, the meaning of"mechanism of land contract right transfer"is discussed for the first time. Third, it argues that changes in rural land institution are featured by"the capabilities of property from concentration to dispersion process".