Study On Construction Of Farmland Property Rights System

Chongqing city which take the historic mission of reform in city & countryside especially in reform of farmland property rights system is the unique country province-level tests area where is the reform testing areas with synthesis and whole set are supporting by the center government. The key of coordination of urban and rural development is in rural area and the driving force of the rural development is reformation of farmland property rights system. The deep end of reformation is of that farmland property rights system. So, the choice of "Study on Construction of Farmland Property Rights System—Case Study in Chongqing City", clear of farmland property rights and suggestion of total train of thought and concrete scheme which adapting to the productive force development can play important theory and practical significance of coordination of urban and rural development in Chongqing city even in China.The total train of thought is that, sufficient base on domestic-foreign research development and history performs since new China founded, guided by theory of fundamental property rights, studying at Dalu town, Bishan county, Chongqing City, study object of collective farmland proprietary rights system, inspection to operational state and defect imitate of current farmland property rights system, qualitative and quantify appraising of reformation risk of nationalization, privatization and perfecting collective route, knowing sufficient the awareness of peasant household and cadre at the basic level, drawing experience and lessons of reform practice of farmland property rights system and at last put forward the total train thought and concrete scheme of farmland property rights system.The thesis carries out research mainly from five the following aspect and reaches the corresponding conclusions.1. Reality works and performance assessment of farmland property rights system Function of stimulating & constraint, distribution allocation of resources and income distribution are playing role but less of outside effect inside and trade function complying with reality works of farmland property rights system. (1) Stimulating & constraint. There are 58.87% agricultural labor which not be engaged in agriculture which lead to 462.70 hm2 abandoned cropland which accounts 7.89% for the cultivated area. But majority abandoned cropland are low soil fertility (69.02% proportions are below 9 rank), in steep slope (80.07% proportions are above 15°), far from town(84.23% proportions are except 1 km), poor traffic conditions(81.40% proportions are outside 200 m the road), lack of irrigation facilities(80.03% proportions are outside the 100 m irrigation facilities); (2) Distribution allocation of resources. Under thought distributing in average, land is broken comparatively graves. There is only 0.09 hm2 in every per capita village farmland and the highest per capita only 0.13 hm2 to lead to 7-9 pieces in family field piece and keeping far away from comparative distance. Land circulation beginning growth, land circulation covers an area of 476.13 hm2, accounts for 10.16% of cultivated area. (3) Trade function. Transaction cost of land circulation is 1.64 which is high business cost and remains to be brought into play further. (4) Outside effect inside function. There are land contaminates area about 553.33 hm2 which are very difficult to gain economy reparation and has not produced a marked effect basically; (5) Income distribution function. The 89.84% farmland avails are gained by family. There are 10.16% proportions by land circulated in which peasants gains rent avails and the proprietor gains usage avails. During land levying 20% land compensation are gained by collective and 80% belongs to peasant household. (6) The synthetic evaluation coefficient (SEC) of farmland proprietary rights system is 0.6639 which is evaluated from stimulating & constraint, distribution allocation of resources and trade function. The SEC is between 0.5000 and 1.0000 (0.6000-0.7000 is middle degree efficiency) which is in general efficiency and still has more space for reform. There should bring an excitation into play a function in stimulating & constraint function (less 0.1708 for ideal value), strengthen the allocation of resources function (less 0.0866 for ideal value) and trade function (less 0.0787 for ideal value), truly bring inside of the outside into play melting a function.2. Reform risk assessment of farmland property rights systemBased on reality works and performance evaluation of farmland property rights system, there should construct further and assess the rout of construction risk. Method of Fishbone Diagram is applied to ascertain the society risk, economic risk, ecological risk and political risk and method of Analytic Hierarchy Process is applied to ascertain the weigh of risk group and risk factors to assess the reform rout of nationalization, privatization and collectivization. The reform risk index for nationalization is 0.4195 and 0.3756 for privatization and 0.2049 for collectivization which indicates that the reform of farmland property rights system should be based on collective property rights. During the four reform risk group, we should play especially attention to evading a political risk whose risk index is 0.6025 and then society risk (0.2015), economic risk (0.1217), ecological risk (0.0743). So we should play especially attention to evading masses opposed which risk is 0.2675 and then society turbulence (0.2284), much reform cost to have no way to share (0.0816), arousing the gap in wealth and poor(0.0638). So farmland property rights system reform should investigate the awareness of masses' farmland property rights and maintain the majority populace's benefits to avoid causing the large-scale population resistance.3. Research on masses'awareness of farmland property rightsThe construction of farmland property rights should pay attention to the masses' awareness of farmland property rights from the reform risk assessment of farmland property rights system. So give out 1300 investigation questionnaires which reclaimed 902 effective questionnaires in Dalu town including 14 villages and 3 communities and interview 17 cadres of village community at basic level to acquaintance their property rights awareness. From peasant household farmland property rights, the wish takes a look on that:(1) The awareness of proprietary right is chaos in peasant household with 62.64% proportion for collectivization,33.59% proportion for nationalization and 3.33% proportion for privatization. (2) Great majority peasant households (62.64%) thinks that the farmland is owned by the collective and regarding it being owned by the collective ought to keep group collective agency accounts 44.01%. (3) The condition of farmland disposition ultra virus runs gravelly which 33.70% peasant household regard that the group collective agency has a disposition and 25.50% regard that nation has the ultimate farmland disposition which indicates that land levy effects depth on the awareness of farmland property rights. (4) There is obvious mark of different characteristic of proprietary rights and disposition rights in different age groups, different educational background and different incoming levels. With the age enhancing and the rise taking in the proportion of right awareness that recognize the farmland owned by the group collective agency by youth group, middle age group and old group is 40.32% <42.92% <55.05% and under 3000 yuan incoming group,3000-6000 yuan incoming group and above 6000 yuan incoming is 42.51% <44.21<47.50%. But the proportion of right awareness of farmland proprietary owner is 47.19% that is higher than under junior educational background (41.49%) and above high school educational background (37.68%). There is small difference of different incoming group with only 2% difference. There is also the same trade between elementary school group (33.25%) and junior middle school group (35.51%). From farmland property rights awareness of cadres at the grassroots level in countryside, it takes a look on that:(1) Most cadres at the grassroots level in countryside (80%) recognize that farmland owned by the group collective agency, also 10% recognize owned by nation and 10% by group collective agency that before combining. (2) All cadres at the grassroots level in countryside think it should applied the method of whether increasing or subtracting person keep farmland condition to keep relative collective member stability. (3) Most cadres at the grassroots level in countryside (60%) think that it is grave in abandoned cropland and broken bits grave (40%), so they suggest should increase land transfer(90%) and build up withdraw mechanism(40%).4. Draw lessons from Chongqing reformation practice of farmland property rightsThe construction of farmland property rights should carries out synthetic supporting reforms from farmland-self property rights reform and outside work environment. (1) Contracted management rights to invest embody the disposition function of ownership of property, but because of insufficiency rural guarantee system the function of social security cling to farmland can't be peeled off. (2) Enterprise registration of stock farmland which has theory significance in law and economy but can't resolve the contradiction of many contracted household because of simultaneous management and 50cooperation regulated by current company law, and also existence the risk that urban resident has the contracted management rights for bad management. (3) The supporting reform in Shuangxi village which lack of macroscopic social security system surely produce gigantic financing gap to be unable all-round extension. (4) The mortgage and pledged of contracted management rights in Kai county which realizes managerial right for contracted management rights is also very difficult all-round extension without revision of laws and statutes.5. Total train thought and concrete scheme of farmland property rights constructionThe total train thought of farmland property rights construction is to perfect farmland ownership system, stabilize contracted management rights system, strengthen farmland servitude system and perfect farmland other rights. Concrete scheme as follows:(1) Perfect farmland ownership system. Clear the main body of farmland ownership is stock cooperative agency and legal representative is village head or group head and commune congress expresses the final meaning for legal person; farmland ownership is a altogether property right; the member of stock cooperative agency enjoys the disposal right of stock cooperative; the share puts restricting and accepting the entire share member of stock cooperative agency; farmland proprietary rights has functions of possession, servitude, usufruct, disposition, trouble shooting and surplus usufruct powers. (2) Stabilize contracted management rights system. Make clear that rural collective economic organization member is the main body of contracted management right; contracted management right is a material right; improve the functions and powers of possession, servitude, usufruct, transfer, mortgage and inheritance; stipulate the time of contract management right last 70 years and permanent best. (4) Improve the system of mortgage, leasehold, land servitude, aerial right and underground right.At last, based on above main research the theasis carries out policy suggests as follws:1. Improves legal institutions system of farmland property right. Revise farmland relevance laws and statutes; set up the land right category register centre in which register contracted management rights, forest and house site; carry out strictly in plan administration and use control; reform land collects system.2. Accelerate farmland market system construction. Build tangible farmland market and farmland appraisement and price system; improve farmland financial market and allowance system; reform rural tax revenue system.3. Plan development of ruban and rural as a whole. Reform urban and rural partitioned census register system; accelerate the surplus rura labor metastasis; push forward construction of small towns and cities energetically; unite land market in urban and rural.4. Perfect rural social security system. Build rural pension system; perfect rural medical insurance system and rural ensuring a minimum standard of living.