Comparative Study Of The Transfer Mode Of Collective Construction Land From The Perspective Of Institutional Change

After the reform and opening up,with the continuous social and economic development in China,the process of urbanization and industrialization continues to accelerate,the demand for urban construction land has increased by a large margin,and the contradiction between the shortage of urban construction land and the development of urbanization and industrialization is becoming more and more serious.In order to meet the needs of urban social and economic development for land resources,the speed of conversion of agricultural land to non-agricultural land is increasing and the scope is expanding,which directly affects the national grain reserves strategy and threatens the food security.Meanwhile,changes in land use patterns have led to ecological and environmental security being affected as well.For a long time,our government has strictly controlled the use of land and prohibited the transfer of rural land,including both agricultural land and rural collective construction land,and the only way of transfer is land expropriation.The development of urbanization and industrialization is bound to require a large number of land expropriation,which leads to plenty of farmers losing their land with their rights and interests being damaged,bringing potential risks to social harmony and stability.In the meantime,a great number of rural construction land is used inefficiently,and lots of rural collective construction land can not be effectively used because of the provisions of policies and laws,being in the inefficient use or idle state.Under the urban-rural dual land system,the development of urban and rural construction land presents great imbalance and difference.Along with the continuous development of society and economy as well as the growing awareness of farmers' property rights,the imbalance of land value-added income distribution reflected behind the land expropriation contradiction has become a significant power to change the current urban-rural dual land system.When the relationship between land supply and demand is tense and farmers' willingness to realize the self-capture of land value is rising,farmers spontaneously promote the institutional change of collective construction land transfer in an informal form from bottom to top.Thus,there is widespread private transfer of collective construction land in rural areas,however,in the absence of policy protection,institutional regulation and overall arrangements,the efficiency of collective construction land transfer is very low and there exist many problems.At the same time,the government is aware that the urban-rural dual land system has severely affected the sustainable use of land resources and the resulting contradiction in land expropriation,hence,the government-led pilot project of promoting the institutional change of collective construction land transfer from top to bottom has been widely carried out in all parts of the country.The long-term separate existence of urban and rural land market makes the rural land value be strictly underestimated,and the utilization rate of collective construction land be very low,which has greatly affected the operation of the construction land market mechanism and destroyed its role in the allocation of land resources.Therefore,it is imperative to boost the transfer of collective construction land,promote the change of rural land system,and establish a unified urban and rural construction land market.All in all,the current situation of collective construction land transfer is studied,the process of institutional evolution of rural collective construction land is summarized,the factors that affect the institutional change of collective construction land is analyzed,the basic principles and logic in the process of institutional change of collective construction land in China is discussed,and through empirical analysis of the differences between farmers' spontaneous bottom-up and government-led top-down these two different logics of institutional change,practical experience and reference are provided for the collective construction land system reform,and our reform modes for collective construction land transfer,institutional framework and legislative proposals are put forward,in order to push forward effectively and implement successfully the collective construction land transfer system reform,balance the interests of all parties,protect the rights and interests of farmers,and achieve the best social effect.Based on this,the difference of two different modes in the transformation process of collective system is mainly taken as the object of study.Through the analysis of the current situation of collective construction land transfer,the development of system and policy in the transfer process of collective construction land is combed.Moreover,on the basis of the theory of property rights,land rent theory,game theory,government control theory,and institutional change theory,the differences between the peasants' bottom-up dominant mode of change and the top-down mode of change under the guidance of the government are deeply analyzed from the perspective of institutional change,and the reasons for the formation of institutional change are explained by constructing the framework of the mode of institutional change,trying to reveal the basic laws of institutional change as well as the problems and experience of various ways in practice.Land problem is the fundamental problem of the country,and the special urbanrural dual land system in China has been the focus of theoretical and practical circles all the time.Land has natural attributes as well as social and economic attributes.The transfer of rural collective construction land not only is the inevitable requirement of the optimal allocation of land resources,but also involves connotations like the game of interests between farmers and the government and the overall urban-rural development.The theory of land property right plays an important role in sorting out the ownership system of collective construction land in our country and clarifying the power relation among the government,the collective and the individual.And the theory of land rent has a good guiding significance in exploring the capture of the value-added income of land transfer and balancing the distribution of national,collective and individual interests.In addition,the theory of institutional change runs through the whole institutional reform of the collective construction land transfer.The embodiment of mandatory institutional change and induced institutional change in the actual institutional reform of collective construction land can provide better theoretical support for the reform of land system in our country and guide the comprehensive institutional reform of collective construction land.Especially after the reform and opening up,with the rapid development of society and economy,the growth of urbanization and industrialization has brought a great increase in the demand for land,while the existing urban-rural dual land system seriously hinders the effective allocation of land resources and the balanced urban-rural development.Therefore,driven by economic interests,farmers spontaneously promote the transfer of collective construction land in the way of induced institutional change.During this process,the disordered and chaotic development pattern has led to a series of problems,such as the waste of land resources,the inability to guarantee farmers' rights,the low benefit of land transfer,and so on.The government modifies the induced institutional change by means of compulsory institutional change.Through the study of institutional changes in different modes in Hubei Province and Pidu District,Sichuan Province,it is found that induced institutional changes and mandatory institutional changes play different roles in the institutional changes of collective construction land transfer.At the same time,there are also corresponding problems,so it is necessary to merge induced institutional change and mandatory institutional change in the institutional change of collective construction land transfer,so that they can jointly promote the orderly transfer of collective construction land.Finally,on the basis of the characteristics of mandatory institutional change and induced institutional change,in view of the problems existing in the institutional change of collective construction land transfer,specific policy recommendations are put forward,which can provide reference for the policy formulation of collective construction land transfer,so as to promote the improvement of collective construction land transfer system.