Land Property Right,Rural Governance And The Distribution Of The Land Requisition Compensation

Property right is the rule to regulate the relationships of stakeholders,and the basis of income distribution.The right relationship among the stakeholders,determines the final result of income distribution.A clearly defined property right will establish an unambiguous boundary for income distribution.However,the formal regulation itself is not perfect,and governance is an institutional arrangement which plays a role in the imperfect field of the formal rules.This means that property right itself is the result of governance.Therefore,when there is not a clearly defined property right,governance helps to form a rule for income distribution among stakeholders.In this sense,property right and governance are a whole rule for interest distribution.The effect of property right or governance in interest adjusting depends on the implementation in practice.Property right that defined clearly or well-run governance will provide a basis for rational income distribution among stakeholders.Land requisition compensation is the land property income,and the reflection of the relationship among the collective members and relationship between the collective members and the agent--village collective.The property right structure and the relationships among all stakeholders determine the distribution of land requisition compensation.Since the HRS,the farmland property right has undergone a constant change.As to the perspective of laws and policies,the land property right that the collective members has enjoyed experiences a constant expanded process:the right develops from nothing,the right term from short to long,and the empowered rights grows out of incomplete;as to the practice,the work to clear the land right has promoted rapidly in many rural area,all of these are aimed to form a more unambiguous relationship among the collective members.According to this,the distribution of collective land acquisition compensation among the collective members should be explicitly clear,however,the distribution in practice departed not only from the laws and policies,at the same time,a variety of conflicts and disputes occurred during the process.The reason is that besides the contracted land right,the land ownership is an ignored and inevitable but an ambiguous right.Land requisition involves the quantity change of the collective owned land,and such a change influences the contracted right,more importantly,affects the share of the collective land ownership of the collective members.Consequently,it is necessary to resolve the relationship between the land ownership and the contracted right,the relationship among all right subject with a deep view into the collective land property right;it could not only help to further understand the causes of the disputes in the compensation distribution,but also can propose a scientific policy implication for the further improvement of the collective land property right.Rural governance is an important institution to regulate the interests of different parties in collective and has an important influence on collective land rights.The way of rural governance will affect the implementation of the land property right,and it plays a role in the field where the property right is not defined clearly,and is the important supplement of collective property rights system.Accordingly,the relative balance of contracted right among members is destroyed by land expropriation,there is not a clear property right to distribute the expropriation fee,rural governance has play an important role in land expropriation compensation allocation.so that,how rural governance effect on collective land property right,and then influence the land right and interest sharing among collective members?To reveal the inner links will contribute to solving the disputes of land expropriation compensation.The paper has construed the property right construction,the governance,and the mechanism of their affect on the income distribution.And then according to this,the theoretical framework for the analysis of the land requisition compensation distribution has been established to reveal the reasons of the problems of the distribution from the farmland property right construction and the behavior of the village collective levels respectively,then an empirical analysis was provided according to the on-the-spot investigation of Jiangsu.The conclusions are as follows:Firstly,there is a deviation between the laws and provisions of the distribution and the practice,and there are many contradictions between the village collective and collective members and among the members themselves.Though the laws and provisions have made principle rules for the share of land requisition compensation,according to the fieldwork,different behaviors appearance in the practice:as to the laws and the provisions,the land requisition compensation should be used for the farmers whose land has been expropriated,but in addition to this,the way that all collective members share the compensation exists in many villages;according to the laws and provisions,there should be a democratic process for the distribution,however,the democratic governance of the distribution in practice is somehow a kind of form;therefore,a variety of conflicts appearance:farmers are dissatisfied with the withhold from the compensation by the village,they can't fully participated in the allocation process,different farmers hold different views about the share of the compensation.Secondly,property right structure determines the income distribution,and in addition to the formal rules,governance plays a great role in property income distribution between stakeholders.The most important role of the property right is to obtain benefit;however,the income of property right depends on the definition and exercise of property right,so that,the property right with different degree of integrality and completeness obtains different income;the subject who is entitled with a certain kind of property right enjoys a certain property right income.The property right structure among several subject determine the sharing of the income.Moreover,the process of the property right definition is governance,so that governance way will affect the final rules(including the property right),by this way,it influences the revenue sharing among collective members.Thirdly,the farmland ownership and the contractual property right are two related property rights but independent from each other.From the view of the attribution of object and the separation of the bundles of property right,the farmland ownership and the contractual property right are different property rights based on different object attributions.Since the HRS,the legal property rights shared by the individual farmer changed from scratch to being protected,the duration of property right from short term to long term,and its right bundles from incomplete to nearly complete.And it leads to the increasing individualization of the contractual property right.Whereas,the farmland ownership has been weakened since the constantly strengthened of the contractual property right,some bundles of the ownership are strictly limited or ignored,the ownership is neither integrated nor complete,and to the individual farmers the individualization of the ownership equals to zero.Since deliberate ambiguity of the ownership and the strengthened of the contractual property right,the relationships of farmland ownership and the contractual right among all subjects including the third-party-the village collective,are intertwined together,at the same time,the governance of village collective is lack of normative,all of these leads to the increasing conflicts about the land property right.Fourth,the legal system of village governance is increasingly perfect;however,the village governance mechanism has yet to be improved in practice.Since the rise of the autonomy of villagers,democratic village governance is fully implemented,with the view of the system constitution,the organization of village has gradually improved,and the right has been increasingly strengthened.However,there are some problems within the operation of village governance in practice:the village leaders tend to be agent of the government but not the agent of the villagers;village elections are not democracy,village affairs are not transparently published,villager' supervise behaviors are restricted.Accordingly,the imperfect rural governance cannot solve the disputes.According to the empirical research the more democratic in rural governance,there are more reorganization on the undertaking from land expropriation compensation,and the less disputes between the farmers and the collective agent.