Economic Research Of Land Usufructuary Rights System In China

Throughout the ages and the countries, land use problems always exist in humansociety. In the changes from the land ownership to the land use, Land use systemsbecome the basic institutions. With the in-depth study, we are strongly aware of thedisadvantages of the system of land usufructuary rights in China. For example, landrights is fuzzy, the rights lack the stability, property right structure is not clear, policyis the dominant and legal system of land lack the authority. All of these have seriouslyhindered the development of Chinese economy. In view of this, the purpose of thisstudy is to explain the defects and the reasons of land usufructuary rights system inChina through the analysis paradigm of law and economics.The first part hackles the domestic and foreign research status of landusufructuary rights system from the two aspects of law and economics research. Thestudy from the perspective of law and economics can focus on the real world andmake up the defects of existing research. The second part is based on the theoreticalbasis of property rights economics. It analyzed the problems that the nature of rightsis fuzzy, the rights structure is not complete, the boundary is not clear and theprotection mechanism is not perfect, which can cause unsteady anticipation,unguaranteed right transactions, invisible land markets, etc.The third part is based on the theory of the Institutional Economics. Theintervention of executive power in the state affects the efficiency of land usufructuaryrights system. The interests of all parties in the game restrict the realization of landrights. Path dependence seriously affects the direction and the evolution of landusufructuary rights system. The fourth part inspects the history of land usufructuaryrights system in China about before the founding of new China, before and after thereform. It also summarizes the status and issues. The fifth part compares and learnsthe land usufructuary rights system reform and practice from Britain, the UnitedStates, Japan and Taiwan area. The land usufructuary rights system in China shouldbe improved in the aspects of constitutional reform, land ownership, governancemode innovation, etc. In fact, the land usufructuary rights system was doubly interpreted from theperspective of law and economics, which are very few people interested in the field.This study has theoretical value from the perspective of cognition. China landproblem has been a hot and frontier research. In our country, the collective land andthe state-owned land share many of the institutional background and the operationmechanism. As an organic whole, this paper systematically analyses the landusufructuary rights system in detail, and put forward the corresponding strategies.Based on the interdisciplinary methods, the paper improves the depth of the researchand strengthens the feasibility of conclusion in a certain extent.This paper has a profound analysis of the principal-agent relationship of landproperty rights in China by using the theory of the state, and thinks that the ruralcollective economic organization is only the nominal owner; the essence of the owneris the state. We should straighten out relationships between the state and collective,clear the subject of the collective land ownership and establish an effectiveprincipal-agent relationship about rural land property rights. In the part of tactics,improved schemes of two levels are proposed. One is to restrict the governmentbehavior and perfect the mechanism to protect the rights; the other is to strengthenlegal credit and pay attention to the rule of law system. This theoretical level is abreakthrough.In this paper, the land usufructuary rights system is a legal system of mutualconnection and mutual influence system among a plurality of legal system. We notonly pay attention to study the development of concrete system, but focus on theeffects of land usufructuary rights system. On this basis, we systematically analyzethe right to the contracted management of land, the right to use construction land andthe right to use house site, etc. Therefore, this study has strong policy reference value.