Chinese Communist Party’s Cognitions And Policies On Property Rights In New Period

The Chinese Communist Party has proposed many cognitions and policies on property rights since the Third Plenary Session of the Eleventh Central Committee in order to liberate and develop productive force and improve economical performance. Optimizing property rights allocation is a complicated and systematic project. The core logic of the Chinese Communist Party’s cognitions and policies on property rights in new period is:Through the two effective path of the optimization of different ownership property rights configuration and of property rights structure allocation, set up and perfect the modern property rights system, so that transaction costs are reduced, existence of "externality"problems are mitigated. Studying the Chinese Communist Party’s cognitions and policies on property rights in new period deeply is an important and foundamental work to construct Chinese socialism law and economics and institutional economics.The theoretical origin of Chinese Communist Party’s cognitions and policies on property rights is Marxist theory of property rights and experiences learning from the modern western property rights theory. Marxism property rights theory includes property rights origin and connotation, decomposability of property rights and "a bundle of rights" thought, requirements of property rights forms correspond with mode of production and diversity of public property rights’realizing forms, etc. Property rights theories in western countries include transaction cost, Coase Theorem, functions of property rights system and transition of property rights institution, etc. Property rights theories in western countries are generalization and systematic conclusion of production relation revolution and innovative practice of the system under large-scale socialized production and market economy in developed countries.Historical conditions for the Chinese Communist Party’s cognitions and policies on property rights in new period are the new democratic property relationship and socialist transformation of property rights relationship. It is thought that confirmation of new democracy property rights relations before and after foundation of New China should be recognized from design of new democracy property rights form and formation of new democracy property rights policies. Establishment of state owned property rights and conduct of land reform are two important practices. In1953, the Chinese Communist Party came up with general line for the transition period, and it took more than three years to fulfill socialist transformation of private property rights.The Chinese Communist Party’s cognitions and policies on property rights in new period can be deeply analyzed from the viewing angle of ownership. The Chinese Communist Party’s cognitions and policies to develop public property rights are divided into three stages:from1978to1992, cognitions and policies of dominant position of public property rights were emphasized; from1992to2002, public property rights and its dominant position were explained newly; since2002, cognitions and policies on public property rights are being consolidated and developed. Corresponding with contents above, Chinese Communist Party’s cognitions and policies to develop non public property rights are also divided into three stages:from1978to1992, cognitions and policies about existence and development of non public property rights; from1992to2002, new conclusion of non public property rights under market economy condition; since2002, cognitons and policies of encouraging, supporting and guiding non public property development.The Chinese Communist Party’s cognitions and policies on property rights in new period can be deeply analyzed from the viewing angle of structure and function of property rights. At the Third Plenary Session of the Sixteenth Central Committee, the Chinese Communist Party realized theoretical innovation about structure and function of property rights. Cognitions and policies about rural land contracting management right, autonomous right of enterprise and management right of enterprise constitute the property rights reform of Chinese Communist Party utilizing real right. Cognitons and policies about "change appropriation to loan", enterprise contracting right, leasehold and transfer of rural land contracting management right constitute the property rights reform of Chinese Communist Party utilizing creditor’s right. The Chinese Communist Party gives great impetus to capitalization stock right of state ownership, utilizes stock right to optimize property rights allocation. The Chinese Communist Party pays high attention, makes and implements many policies on intellectual property rights.Achievement and inspiration of the Chinese Communist Party’s cognitions and policies on property rights in new period should be studied intensively. Establishment of modern property rights system with "clearn affiliation, explicit rights and liabilities, strict protection and smooth transfer" is the direct performance of the Chinese Communist Party’s cognitions and policies on property rights. Inspiration of the Chinese Communist Party’s cognitions and policies on property rights includes recognizing public and non public property rights’ advantages objectively, perfecting basic economical system; optimizing real rights, creditor’s rights, stock rights and internal rights allocation, deepening system and mechanism innovation.Since reform and open, Communists represented by Xiaoping Deng, Zemin Jiang and Jintao Hu are facing new situations constantly, studying new problems, proposing new ideas and propelling chinization of Marxism property rights theory to new state. The Chinese Communist Party implement cognitions and policies on property rights in suitable time, establish and perfect modern property rights system and form important innovation with milestone significance. This will improve the social productive forces greatly, it is in favor of realizing the target of the beginning period socialism in the middle of this century, and it is in favor of promoting economical and social progress and complete and free development of people. Cognitions and policies of the Chinese Communist Party on property rights in new period are important contents of Chinese socialism property rights theory and practice. It has theoretical significance for China to explore realization form of socialism property rights system. It can bring confidence of insisting on Chinese socialism path. And it has realistic significance to further deepen system and mechanism reform.