Analysis On The System Of "Collective Ownership Of Rural Property"

At present,the following problems generally exist in the reform of the rural collective property rights system: in the process of collective asset equity transfer,the boundaries of rights are blurred and overlapping,which affects the realization of some powers;the lack of ownership,blurring,and weakening of ownership,unclear exercisers,resulting in the loss of collective assets.The scope of power transfer is limited,the transfer market is incomplete,it is difficult to withdraw paid,and it is difficult to mortgage guarantees;the ownership of the rural homestead and contracted land is mixed,the liquidity of property power is low,and property rights are difficult to fully realize.Contrary to the reform objectives;the scope of property rights of rural collective operating resource assets is unclear,the subject of rights is absent,and the management mechanism is not smooth,resulting in the unclear nature of the cooperative system and poor use of shareholding;unclear definition and ownership of rural collective public welfare resource assets.Lack,the public welfare function is not fully performed,and there are management gaps.These problems are common in different regions to varying degrees,seriously restricting the reform process,hindering the full realization of the power of each element of property rights,and affecting the effectiveness of rural development and governance efficiency.This article is divided into eight parts.The first part is an introduction,focusing on explaining the background and significance of this topic,theoretical overview,research framework and content,research methods,and innovations and deficiencies.The second part "China's rural land propertyrights system changes",based on rural collective ownership,discusses rural ownership,contracting rights(qualification rights),management rights(use rights),operational resource asset property rights,and public welfare resource asset property rights,etc.Concept,combined with the in-depth analysis of the process of the rural property rights system in each period after the founding of the People's Republic of China.The third part "Problems in the reform of the rural collective property rights system",relying on the status quo of the reform of the rural property rights system in some areas of Hebei Province,combined with the reforms across the country,deeply analyzes the actual dilemmas and problems in the reform of the property rights system.The fourth part is "Design of the System of the Collective of Rural Proprietors",exploring the establishment of a "Collective of Rural Proprietors",which are respectively responsible for exercising the rights of ownership of rural contracted land,homesteads,public welfare resource assets and operational resource assets.The fifth part is "the main body of the implementation of the ‘rural ownership collective'",constructing a "rural collective property rights exercise model" that is compatible with the rural governance model in the new era.The sixth part is "Analysis of the Rural Owner's Collective Cost-Benefit from the Perspective of Coase Theorem",a comprehensive analysis of the "Rural Owner's Collective" by the method of legal economics.The seventh part is "Thoughts on Improving the Reform of the Rural Collective Property Rights System",with a view to achieving the goals of refinement of various powers,clarification of property rights,strict property rights protection,and smooth property rights transfer.The eighth part is "Conclusion",answers the questions raised in the introduction that this article is devoted to researching and solving.In the research process of this article,all resource assets in rural areas with land as the main content are systematically sorted out,and divides them into four types: contracted land,house site,collective operating resource assets and collective public welfare resource assets according to the form,function,use mode,property right composition and exercise mode of different resource assets.On the basis of rural collective system unchanged,the bottomline of collective land ownership remains the same,rural proprietor collective fixed,stripping land contract right,right of homestead qualification,operational resources assets of shareholders,the right of public welfare resources assets management contained in the Status power,on the basis of the separation of powers unifies the powers(membership rights)that contain identity attributes into ownership,to form the ownership rights organization,that is,“rural proprietor collective”.According to different nature of resource assets and the power,set up by different members of the “rural owner of contract right collective ” “rural owner of qualification right collective” “rural members of shareholders collective”and “all the rural peasant household collective”,respectively,on the exercise of power of rural contracted land,homestead,operational resources assets and the ownership of the public welfare resources assets.On this basis,the rural collective property right exercise mode is reconstructed.In the process of transforming the current model of rural land ownership into “rural proprietor collective”,strictly control the “target layer + criterion layer + policy makers”three links,take into consideration both the macro design and micro operation,to find out an operation system which can define property right maximally,give full play to property rights and powers,to realize the market allocation of elements,and converting system advantage to the governance efficiency of rural areas which to promote agricultural rural modernization.