Study On Rural Collective Land Property Right System And Transfer Of Collective Land-Use Right

With the development of market economy, Household Contract Responsibility system may be not adapted to the situation, which accounts for the decline of rural economy in the late of 1990s. Because of free land use, the collective constructive land is extensive cultivated for a long time. For the slow development of rural land-use right transfer, fragmentary and little rural land is hardly to be gathered. For the contradiction of land expropriation system, it is more difficult to supply for the demand of urban constructive land. All these indicate that it is necessary to improve the reform of rural collective land property right system and encourage the transfer of collective land-use right. It is the main purpose of this paper to understand the regularity of rural land property right system transition, find the possible mode of current rural collective land property right system transition, describe the relationship between the rural collective land property right system and the transfer of collective land-use right, analyze the reasons for the slow development of collective farmland use right transfer and the disorder of the market of collective constructive land use right transfer, and bring out the main advices to encourage and regulate rural collective land-use right transfer.After the founding of New China, the history of rural land property right system transition shows us that it is advantageous to the operation of property right system if land property right is owned by the direct producers, it is important to combine the opinions of social elite with the result of social competition in the system transition, property right system must be adapted to the social progress and development, the clear definition of land property is important for the effect of system, land property right is affected by the changes of surroundings of system, the improvement of the structure of land property right has its own history. Now, rural land property right system has become rural collective land property right system. With the help of system transition theory, the main reasons for the demand and the possibility of supply of rural collective land property right system transition are analyzed. It indicates that rural collective land property right system transition is in the stage of designing and choosing the new system. According to the historical experiences and the possibility of supply, a plausible project for rural land property right system transition is to define the boundary of the right of different associations clearly and reestablish the collective economic organization with the land cooperative stock system as a represent of rural collective to operate the collective land ownership on the basis of collective-owned land right system. And the current purpose of rural collective land property system transition is to define the boundary of land property right clearly and protect land right of the collective, endow the integrated and stable land-use right to land user, complicate property right structure and perfect the property right. The relationship between rural collective land property right system and land-use fight transfer is equal to the relationship between property right demarcation and market mechanism. Property right demarcation is the basis which affects the cost of transaction. And market mechanism is the direction which affects the efficiency of resource allocation. In the future, the route of land reform is to encourage the reasonable transfer of rural collective land-use right on the basis of the construction of rural collective land property system.The analysis of current situation of rural collective land-use right transfer shows that there are two different phenomena in the transfer: the development of collective farmland use right transfer is slow and the development of collective constructive land use right transfer is in disorder. The analysis of farmers' decision shows that the main factors affecting the farmland use right transfer are family host years old, the amount of family people, total income, the proportion of non-agricultural income, the farmer's endowment of land, planting structure, tax relief policy, land reallocation, the knowledge of law, irrigation and drainage, proportion of second section industry and tertiary industry. topography. And also, the subjective opinions, such as interests, bias and conception etc., are important in affecting rural land transfer, which perhaps accounting for adverse selection of farmers who will smooth away objective difficulties. The analysis of macroscopic reasons for rural collective constructive land use right transfer shows that it can relieve the pressure of land supply in state-owned land market, encourage the intensive use of constructive land, increase the income of rural collective and avoid the contradict in land expropriation. The analysis of microscopic reasons for rural collective constructive land use right transfer shows that it is the infallible result of repeated competition among different associations. In the future, the advices of encouraging and regulating rural collective land-use right transfer are as follows: improve the guidance of market and regulate the market, accelerate legal system construction and depend on system, strengthen macroscopic adjustment, management and supervision, improve surroundings and develop harmony.This paper is divided into 7 Chapters.Chapter 1 (introduction) It includes study background, purpose and significance. contents and process, theory and method, innovations and defect.Chapter 2 (revelation of rural land property right transition history,) Taking rural farmland property right system as predominant clue and constructive land property right system as secondary clue, it analyzes the course, reason and efficiency of different system in the system transition, on the basis of theory of property rights, theory of system transition and principal-agent theory. Then the rule of rural land property right system transition is concluded.Chapter 3 (the plausible mode of rural collective land property right transition) It analyzes the demand and supply of rural collective land property right system transition on the basis of system transition theory. Then it analyzes the different mode of system transition after comparison, and brings out the plausible mode and current purpose of rural collective land property fight system transition.Chapter 4 (the relationship between rural collective land property right system and land-use right transfer) It analyzes the relationship between property right demarcation and market mechanism, on the basis of property right theory of Coase, and draws a conclusion that rural collective land property fight system is the basis and rural collective land-use right transfer is the purpose. Then it concludes that the relationship between rural collective land property right system and land-use right transfer is closely and both of them are important. In the future it is important both to improve construction of land property right system and to encourage land-use right transfer.Chapter 5 (rural collective land-use right transfer: inactive after actuating and active after prohibition) Firstly, it brings out the two different phenomena of rural collective land-use right, farmland use right transfer is inactive after actuating and constructive land use right transfer is active after prohibition. Then it discusses the reason which causes the two different phenomena. In the analysis of farmland use right transfer, it describes the current situation and main problems of farmland use fight transfer on the statistics of China and the typical survey of Hubei Province. Then it establishes a farmers' decision mode in rural land transfer and works out the result of the mode so as to provide some advices in policy. In the analysis of constructive land use right transfer, on the basis of statistics and documentary data, it describes the current situation of constructive land transfer and analyzes the macroscopic reason. Then it establishes a competitive mode and concludes that rural collective constructive land-use right transfer is an infallible result of the repeated competition of different associations. At last, it discusses the main problems of current collective constructive land-use right transfer.Chapter 6 (encourage and regulate rural collective land-use right transfer) On the basis of above-mentioned analysis and research of predecessors, it brings out some advices in policy such as improving the guidance of market, accelerating legal system construction, strengthening macroscopic adjustment and improving surroundings.Chapter 7 (conclusion and discussion) It summarizes the main conclusions in the research, discusses the defect and brings out the direction to improve this paper.