Study On The Changes Of Property Rights System Of Scenic Spot

The level of resource taste of scenic spot directly determines the quality and level of development of tourism. The administrative and institutional system of "government monopoly management", "the combination of government and enterprise" is the foundational system for scenic spots in our country, which not only leads to low efficiency of spots managing, but also means simple financing channels and lack of funds to explore, construct and protect the spots. In the late 90s, with the further reforming of financial system and state property management system, in order to promote the using efficiency of resources and to pursue multivariated sources of funds, the local government starts to seek for new property right system of scenic spots, mainly by enterprise reform on the primary institutional system, or by transferring the right of ticket managing to the investors. During the reforming process of property right system of the scenic spots, the lack of systematic research and that theory lagging behind the practice caused various abuses. These abuses not only makes this round of reform controversial, but also makes some investing enterprises holding wait-and-see attitude, and thus it seriously affects the further development of scenic spots, so the systematic research on the change of property right system of the scenic spots has important significance on both theory and practice.The train of thought of this essay is as follows. With the change of system environment, there will comes about the potential profit beyond the system. For the pursue of potential profit, the interested party will inevitably change the primary system and change the potential profit beyond the system into practical profit inside the system. Therefore, in order to study the property right system, we should not make stationary analysis only; we should also observe the change of property right system from the dynamic angle. The substance of change of property right system of scenic spot is that with the change of system environment, the need and the supply of the system is unbalanced, so the changing body makes the marginal adjustment upon the sphere of action of property rights bundles by gaming, in order to generate the property right system that applies for the current system environment and promotes performance improvement, and thus to form the system balance. So based on making clear of the logical process of change of property right system, we should study the reason that the changing body brings about the change and how the changing body selects the changing route from the aspect of demand and supply of system; and through discussing the changing performance, we should make it clear that whether the changing is beneficial to the development of scenic spots and analyze the function, and performance of government regulation in changing, and propose relevant suggestions on policy at last.Based on the various documents, we think that six aspects need the further study. It is also the focus of this essay. First, we should set up a comparatively complete analyzing frame for the property right structure of scenic spot; second, we should systematically make clear the evolving logic of property right system of scenic spot; third, we should apply the system changing theory to construct the supply and demand model of changing, and study the changing demand and changing supply, and define the cause of changing from the aspect of system body; four, we should divide the specific mode of changing from the aspect of property right, and make clear the forming of changing route through analyzing the limit condition and main goal of changing; five, we should make systematic analysis upon the performance of enterprise system of scenic spot to define whether the changing of property right system is beneficial to the development of scenic spot; six, we should make systematic analysis upon the performance of Government regulation under the property right system of scenic spot enterprise, to make clear that in the current system circumstance, what form of Government regulation can do good to the scenic spot and can propose governmental suggestion for stable and healthy development of scenic spot.In general, the discoursing part of this essay includes six chapters: The first chapter, introduction, mainly demonstrates the study background; makes clear the significance of study; defines the object of study through defining the relevant conceptions of scenic spots and its property right system; presents the focus and main innovative point in document summary; and points out the defects and goal of further study of this essay.The second chapter makes clear the evolving logic of property right system of scenic spots and lays a foundation for the subsequent chapters through describing the evolution process of property right system. First, it structures the analyzing frame of property right system of scenic spot and defines the property right structure and its main body by using property right theory; then, it describes the logical origin of property right system - the evolution process of institutional system, and defines the property right structure of institutional system by graph in order to make comparison with that of enterprise system; finally, it makes clear the evolution process of property right system of scenic spots and compares the similarities and differences of the structure and main body of property right between institutional system and enterprise system.The third chapter defines the reason of changing of property right system of scenic spot, by analyzing the main body of changing and the demand and supply of changing. First, it constructs the analyzing model for supply and demand of changing of property right system by using system changing theory; based on it, it analyzes the main body of demand, supply and obstruction of changing of property right system so as to define the function of each main body in the system changing; then, in order to make clear the generating of changing demand of property right system, it analyzes generating of profit beyond the system from three aspects, the market scale, the price changing of relative products and technique; finally, it defines the producing of new supply of property right system, through analyzing the profit, the cost and the supplying ability of system of main body of changing supply.The fourth chapter analyzes the changing route of property right system. First, by using the theory of share tenancy, it divides the changing route into three modes—self-run, dividing lease and fixed lease, and compare these three modes on their similarities and differences on the structure and main body of property right; based on it, through analyzing the risks in various modes, it makes clear how the changing body select the specific changing route; at last, by differentiating and analyzing two disputations on changing route, it points out that it is impossible to realize the national park system and enterprise system is the very feasible changing route under limitation of the finance and various relevant policies.The fifth chapter analyzes the changing result of property right system of scenic spot - the performance of enterprise system. First, it analyzes the reason of initial definition of ownership of the scenic spot, and points out that from the aspect of the performance of ownership, the economic performance of state ownership is inferior to that of private ownership, but, because of the particularity of scenic spot and the particular national condition, the state ownership is feasible; then, by using game theory and principal-agent theory, it analyzes the performance of three kinds of enterprise contracts in investing phase and operating phase, and points out that the performances of three contract are all very low, but the performance of dividing lease in operating phase is superior to that of self-run mode and inferior to that of fixed lease; at last, through differentiating and analyzing the disputation of changing performance of current relevant systems, it points out that the environment damage and the rising ticket price are not caused by enterprise system, which can strengthen the environmental protection and reduce the ticket price on the contrary.The sixth chapter analyzes the performance under the Government regulation and proposes corresponding suggestion on policy. First, it structures the analyzing frame for performance of Government regulation by using Government regulation theory. Based on it, it analyzes the performances of entry right restriction, tick price restriction and protection restriction, and proposes corresponding suggestions on policy.The innovations in this essay may be as follows:(1) Structuring the analyzing frame for property right structure of scenic spot by using property right theory. This essay divides the property right of scenic spot into property right (ownership) and economic property right (using right, usufruct and disposition right). Combining the characteristics of scenic spot, it constructs the structural drawing and matches each property right with the main body of the property right. It also compares various property right systems based on this drawing. Through the changes of each main body of the property right in the changing process of property right system, it reveals the substance.(2) From the aspect of demand and supply, by using relevant theory of system changing, it establishes the analyzing model of supply and demand of property right system of scenic spot. For the benefit of the main body of the change, it studies the forming of changing demand and changing supply ,and thus reveals the cause of changing of property right system.(3) By using the theory of share tenancy, it divides the changing route into three modes - self-run, dividing lease and fixed lease, and points out that risk sharing is mainly considered for the main body of change to select specific lease mode. Then it reveals how the main bodies select the changing route by comparing and analyzing the policy risk, operating risk and hold-up risk of three modes.(4) Through contrastive analysis on the managing system national park of America and our country, it proposes that it is impossible to wholly carry on the national park system. Based on the theory of public economics to define the product nature again, it considers that under the limitation of current financial policy, the scenic spot is no more the public product or semi-public product, but the state-owned private product, so in the present system circumstance, the enterprise system is the most feasible changing route.(5) By using the relevant theories of SNPE and credible commitments in game theory, the essay analyzes the practicing performance of investment contract of scenic spot and points out the because the property right cannot get effective protection, the practicing performance of investment contract is low; by analyzing the practicing performance of operating contract with using principal-agent theory, it points that the performance of operating contract is determined by excitation mechanism. The excitation effect of fixed lease is the best, that of dividing lease the second, and that of self-run mode the worst.(6) The essay structures the analyzing frame of Government regulation with Government regulation theory and points out that: for the restriction of entry right, the current approved operating pattern is feasible, and combining the characteristics of scenic spot, it proposes to solve the low efficiency of entry restriction by theory of incomplete long-term contract and operating right; for the restriction of ticket price, there exists serious restriction inefficiency and the lack of right to determine the ticket price by operating enterprise, so the essay proposes the suggests to loosen the ticket restriction; at the aspect of protection restriction, the essay suggests interiorization of externality by strengthening the protection of property right on one hand, and to promote the restriction performance by strengthening the independence and carrying on standardized management on the other hand.