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Land Expropriation Institutional Change In China: Driving Factors And Institutional Supply

Posted on:2011-10-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:S X WangFull Text:PDF
GTID:1119330368985669Subject:Land Resource Management
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The land requisition system has been established since the beginning of the founding of our country and has undergone three major changes which all have specific reasons from the founding to the present. Land is a direct contribution that farmers make to urbanization and industrialization and farms should share the results of urbanization. We should eliminate the urban-rural gap. In the planned economy era, farmers in land requisition not only enjoy the economic compensation, but also get job-placement and employment opportunities. The gap between urban-rural income, education, health, employment and consumption are all eliminated overnight and farmers completed the conversion to the public by the farmers. Farmers welcome to land and also looking forward to being land, because they can enjoy most of the results of urbanization directly. However, with further improvement of China's market economy and the establishment of the labor market, the land requisition system has also made adjustments to the legal aspects that farmers whose land was expropriated are currency settlement and not job placement. After the monetary compensation when farmers whose land was expropriated and land are completely out of relations, fields no longer enjoy the fruits of industrialization urbanization in land, resulting dissatisfaction of farmers and also leaving a hidden danger for social stability. Bulletin of China Land and Resources in 2008 showed that there is 18.2574 million mu of arable land by the end of October 2007 according to survey of land use. According to the 2008 national economic and social development statistical communique, the rural population was 72 135 million and rural per capita farmland is 2.53 mu by the end of 2007. It is estimated that there is at least about 16 million landless farmers need to be placed one after another in 2020. Therefore, how to reform the land expropriation system and effectively safeguard the interests of farmers has become a major issue that related to china's social stability and economic development. Why does the nation choose the national land system? Why the national hesitate to reform since the land requisition system has so many problems? Which factors can affect the Land reform? How do these factors affect the changes in land requisition system? Why do farmers not to fight? What is the attitude of land units to this system? What is the relationship in the land between central and local governments? What is the essence of the land expropriation system? What are the gaps in land requisition system itself? After land acquisition, land achieved the right to develop resulting in land value-added benefits. Whether rural collective should participate the distribution of land value-added benefits? If so, what is the theoretical basis for that? How to participate in the distribution? How to use this theory of distribution? How to use current land system to protect the distribution? These are the questions to be answered in this study.Chapter one not only describes the background, purpose and significance, analytical framework, research content, research methods and technical routes, but also defines the concept of institutional arrangements, institutional environment, institutional background and the informal system in the study. The innovation and inadequacy of the study have been predicted in chapter one finally.In order to identify directions and tools of research and strive to make research innovative and meaningful, chapter two reviews the related research literature briefly and divides historical documents into three parts starting from the framework of the study: defect analysis, Induced external analysis and analysis of creation of agricultural land development rights. We found that there have fewer literatures of changes in land requisition system comprehensively using state theory, the property rights theory and the institutional change theory. Literatures describe only from one aspect and many of its conclusions are not consistent with the objective facts which are less likely to be applied. State theory, property rights theory and institutional change theory are expounded in chapter three which also briefly describes how to use these theories.Chapter four reviews changes in the history of land expropriation system since the founding of china. The history of land expropriation system will be divided into four phases according to the changes of institutional framework by comprehensive search and mining in historical documents.The first stage which is from 1950 to 1957 describes the initial arrangement of land expropriation system. The second stage which is from 1958 to 1982 describes the first change of land expropriation system. The third stage which is from 1982 to 199 describes the second change of land expropriation system and the fourth stage describes the third change of land expropriation system since 1950. Meanwhile, chapter four has a comprehensive analysis of the inherent defects that current land expropriation system has. It shows that our land compensation principle is incompatible with the level of economic development and incomplete land expropriation compensation infringements the land development rights of peasants, while the land expropriation program suppresses the rights of farmers inducing living standards of farmers can not be urbanization. These are internal reasons of changes of land expropriation system in the future.The impact of changes of institutional environment, institutional background and informal institutional change on the land expropriation system are studied by innovative use of the state theory, property theory and institutional change theory in chapter five. It thinks that the relationship between institutional environment and land expropriation system is supplementary and competitive. Collective land ownership system is the cornerstone of the land expropriation system precisely because that low cost of land ownership that farmers get provides a good basis for property rights. There are incentives for land expropriation system because system of paid use of state-owned land is the platform of maximum benefit that state makes for land expropriation system. The compensation is carried out with reference to market prices although detailed requirements of farmers' house demolition regulations have not been made. Some rural residents share the results of urbanization partly. The original incomplete commodity housing is transformed into complete product and assets of great value eased the pressure on land expropriation system. Placement is included in land expropriation in the stage of planned.economy. Farmers are entirely urbanized and fully enjoy the fruits of urbanization once they are employed. Therefore, the employment system has not only provided a better protection for the land expropriation system, but also made employment become desire to landless peasants. In 1988 when the land management law is modified, the system of Collective land and the system of paid use of state-owned land are at the same position which is the path of land value-added income distribution. But there is a serious supply shortage and the lack of details in this system because of the choice of country in the implementation process. In essence, the relation between the collective land system and the land requisition system is competition. The system of collective land focus on rural collective and farmers while land expropriation system and the system of paid use of state-owned land focus on country and city. In the dissertation, the author points out that the system environment such as the level of development of society and economy plays a stimulating and limiting role in land expropriation, studies the influence of informal policy system such as beliefs, values, recognition, and willingness on land expropriation, analyzes the influence of activities of relevant agents such as central government, local government, land-using units, rural collective groups and farmers on land expropriation, and does researches on phenomena such as externalities in land expropriation and farmers' incapability of boycotting land expropriation. As a result, land expropriation is, in essence, a tool for national funds collection, and lacks the energy for institutional change.In the sixth chapter, the author makes an innovative study on the leading factors influencing the future institutional change of land expropriation system, and analyzes their relationship respectively, on the basis of which the author puts forward that the major leading factors include collective land property rights system, the land leasehold system, employment and social security system, taxation system, land expropriation system, which work together to make the imbalanced status in the land expropriation system and make it possible for different profit parties to get net profit from current system. Despite this imbalanced status, profit parties have their own income and expenses for each system as well as their different negotiation abilities, as a result of Game, only a few new systems will emerge. On the analysis of the institutional demand, demand subjects, demand reasons of the five systems, the author comes to the conclusion that an equilibrium point for institutional supply and demand in the institutional change of land expropriation is to establish rural land development right, by which compensation standard, resettlement methods, resettlement procedures will get improved.An innovative study also exists in the seventh chapter in which the author makes theoretical researches on the definition of rural land development right in China based on the foreign experience in establishing this right. According to the author, rural land development right-â… is the right to put rural land into best agricultural use; rural land development right-â…¡is to the right to put rural land into constructional use. The realization of right-â…¡will make right-â… vanish, which, in turn, proves that right-â…¡must incorporate right-â… . Thus, the theoretical support for the farmers' participation in sharing added profit made from changing agricultural land into constructional land is offered. In addition, the author studies the origination, ownership, current situation, realization methods, and quantification methods of rural land development right, and applies it into land expropriation system innovatively. In the eighth chapter, the author does on-the-spot experiment in applying the right into making land expropriation compensation standard in Gangzha District of Nantong City, Jiangsu province. The result shows that by establishing rural land development right for making compensation standard contributes to help the farmers whose land is expropriated share the fruitful profit of urbanization and improve their living standard to the average level of city inhabitants.In the last chapter, the author gives a summary of this dissertation, generalizes the findings, and points out a direction of further research.
Keywords/Search Tags:institutional change, driving factors, institutional demand, institutional supply, rural land development right
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