On Contract Choices For Transfer And Mortgage Of Rural Land Management Rights Under "The Separation Of Three Forms Of Rights To Rural Land" System

As a critical factor in China economic development,the core problem of Agricultural,Rural Areas and Famers lies in systems of rural land ownership.Since the reform and opening-up,the rural land system,based on Household Contract Responsibility System,has stimulated effectively farmers' enthusiasm,improved agricultural productivity,unleashed agricultural energy,increased famers' income and so on.However,as the potentials of Household Contract Responsibility System is using up,more and more shortcomings show up gradually,such as land fragmentation,inefficiency of resource allocation,low productivity and so on.To solve the above problems,we must depend on the realization of agricultural modernization,which confronts with dual obstacles,one is inadequate investment and the other is credit constraint.It has to build a reasonable and orderly agricultural transfer system to solve the land fragmentation problem.And by rural land management rights mortgage,we can unleash the real estate property in rural areas to solve the funding problem.There are two policy targets for the reform of "The Separation of Three Forms of Rights to Rural Land" System,separating ownership rights and management rights and unleashing management rights.By doing this,it is easier to realize the transfer of rural land,and by giving mortgage and guarantee rights to rural land,it is easier to solve the financing problem in agricultural operation.Therefore,"The Separation of Three Forms of Rights to Rural Land" System aims to facilitate transfer and mortgage of rural land management rights.Connecting dealing parties,the contract is an agreement that the dealing parties reach into and gets legal relation.As a necessary base in the process of transfer and mortgage,contract can promote surplus of contract holders.The economics in new system believe that as a detailed system arrangement,the meaning of contract lies in which kind of contract that the contract parties will choice and whether the contract will be executed effectively.We need to consider several problems,first,in the process of rural land transfer,as the promotion of contract stead ability,lowering dealing cost and decreasing contract execution risk,whether the reality reaches the same effect as modern contract economists' opinions in formal contract,long-term contract and marketable rent contract;second,what the reasons that the dealing parties choice verbal contract,short-term contract or token contract,and the reasons that the dealing parties will choice form,long-term or marketable contract are;third,what the role that the government will play in the choices of rural land transfer and its hidden mechanism ar.In the context of "The Separation of Three Forms of Rights to Rural Land" System,we will deepen the comprehension of contract choices and its mechanism,enrich contract and its governance theories,and provide references for the foster of rural land factor market,which has solid theoretical and practical values.It is necessary to research on the rural land mortgage issue,which could solve the financing problems in agricultural management.At present there are few related researches from the kinds of contract perspective.Actually,there are differences when the rural land management rights lie in farmers' hand or scale management entity,so it is valuable to research on the relations between different entities and choices,which can facilitate the exploration of rural land mortgage.The research on contract aims to design the system of transfer and mortgage and get the suggestions for future reform.This paper will relate and analyze these in the analytical frame:choices of contract in rural land management rights transfer—choices of contract in rural land management rights mortgage—system design and reform suggestions.Firstly,based on the surveys of rural land transfer situation in several areas,the paper finds that nowadays the transfer range is narrow and always occurs among familiar society groups,the contract features in verbal,short-term and token rent,and separation of management rights and contract rights is rare,which obstacle the agricultural modernization and factor marketability.To improve the transfer range to overcome the familiar social group,this paper tries to discuss the relation governance and differential governance impact on choices of contract,and analyze the working mechanism of government intervention on choices of contract.Secondly,with the plight of inadequate investment and credit constraint in agricultural modernization,from the different markets and contract point,the paper analyzes the choices of management rights entities and mortgage ways and their mutual relations.Thirdly,the paper tries to design the system and discuss with rural land management rights transfer and mortgage how to effectively realize the policy targets of"The Separation of Three Forms of Rights to Rural Land" System.Besides,a simple discussion on reform will be stated to get the theoretical and practical suggestions in the context of agricultural ownership reform.(1)Differential governance has impact on choices of contract for rural land management rights,and government intervention contributes to break up the differential governance situation.In the process of rural land transfer,farmers' choices of contract are influenced by the relations of dealing parties,which is the differential governance result.Based on the theories,we can see that under weak ties of governance,farmers prefers to formal,long-term and marketable rent contract,while under strong ties of governance,farmers prefers to verbal,short-term and token rent contract;what's more,government intervention can contributes to break up differential governance situations and promote it to change into market governance.The above theoretical assumption bases on surveys of 1,628 farm households in Gan and Liao Province(in which 979 farm households attend in land transfer),and the descriptive statistics of data and empirical test of measurement model.(2)There are differences in rural land mortgage ways by direct or indirect pricing.It has more advantages to adopt the organization contract when the farmers become the mortgage entity;while it has more advantages to adopt market contract when the scale entity takes mortgage.When the person who get the management rights has the contract rights,the mortgage always occurs among little farm households.As the high heterogeneity of little farm households,geographical specificity of rural land fragmentation and unchangeable membership of farm households,financial organizations have to face with disposal risk of the collateral.So we need to take in a middle organization to lower the pricing cost in the process of mortgage to guarantee the farmers' loan rights and valid disposal of collateral.When the farmer become mortgage entity,Tongxin case shows more advantageous than Pingluo case.In Tongxin case,it takes organization contract,while Luoping case takes market contract.When the person who gets rural land management rights doesn't have ownership rights,it needs to transfer the rights to break up the constraints among farm households.So when the scale management entity takes mortgage,the dealing procedures and fees can be saved by direct negotiation with financial organizations.Mingxi case shows more advantageous than Zaozhuang case in loan term,risk sharing,default disposal mechanism,dealing cost,difficult level of gaining loan.Mingxi takes scale management right entity,while Zaozhuang takes organization contract.(3)Based on the above research results,a more effective system will be designed and we can regard agricultural share professional cooperatives as a possible way of "The Separation of Three Forms of Rights to Rural Land" System.An effective system will be designed based on the differential order in rural land transfer contract and degree of government intervention,and for the better cooperation in different choices.Finally the paper believes that agricultural share professional cooperatives could be a possible method for "The Separation of Three Forms of Rights to Rural Land" System.Based on the above policy conclusions,the system design could be realized from the following aspects,such as the farmers' willingness and choices on rural land transfer contract in the context of respecting familiar society,the full considerations of different regional features and economic and social development in the process of making transfer polices,clear and definite boundary of government functions in transfer and mortgage process,continual unleashing of rural land ownership rights and endowment its mortgage right,full considerations of different mortgage entities and differential policies in favoring farmers and scale management entity as mortgage entities,and so on.