Study On The Transference Of Rural Land Contract And Operation Rights

Due to the rigidity of land collective ownership system and the particular national condition of super minor scale management caused by dividing land equally, conform to the historical trend of the time, the transferring of land use right become the claim of agriculture and rural advanced productivity development and the succeed innovation of farm household responsibility system. However, how to realize the market-based transference of rural land contract and operation right in such a large agricultural country with numerous agricultural populations involves a series of great theories and practice questions and demands urgently to be explored and innovated. So this paper drafts on the basis of holding farmland institutional innovation direction, starts from the current characteristics and existing problems of transference of rural land contract and operation right in our country, analyzes deeply about the factors that restrain transference of rural land contract and operation right according to relevant theories. On this basis, structures the institutional policy environment that adapts to the market-based transference of rural land in order to promote standardized and orderly transference of rural land contract and operation right, to optimize the land resource distribution pattern, and to improve land resource distribution efficiency.The research contents of this paper are as follows:1.Relevant theoretical research of transference of rural land contract and operation right. The economic theoretical foundation of transference of rural land are institutional changes theory in new institutional economics, transaction cost theory, Marx rent and lease price theory, property rights theory and law of material right theory and law of obligation theory in civil law theory and so on, which also have guidance functions to the transference of rural land.2.Intension and form research of transference of rural land contract and operation right. The Intension of transference of rural land in this paper is the behavior of people who have the contract and operation right of rural land and transfer the rural land contract and operation right or the land use right to other people legitimately. From the viewpoint of changes of the rightbelonging to, the main forms are subcontracting, transferring, exchanging, becoming a shareholder, hiring out etc. The transference of rural land contract and operation right should be carried out under the principle of registeru^ legitimatised> voluntary and paid etc.3. Analyze the characteristics and the existing problems of transference of rural land contract and operation right. In recent several years, the transference of rural land takes on new characteristics: the obvious speedy of the transference, the expand area of the transference, the diversified form of the transference, the Pluralism of the participant, and the local government actively take part in the transference of rural land contract and operation right. In practice, transference of rural land contract and operation right takes on a great deal of defecting, such as, small transference scale, unstandard trade, low distribution efficiency, which directly restrain the rational flow and the optimize distribution of the land recourse and influence the sustainable development of the agriculture and rural economy.4.Restrain factor research of transference of rural land contract and operation right. Take a broad view of the institutional environment and the develop condition of the transference of collective land in our country, among them there are still some incompatible restriction factor, including: the defect of the property right, the lag of the rural land market development, the imperfect of the external environment of the transference of rural land contract and operation right. These factors limit transference of rural land contract and operation right directly or indirectly.5.The policy recommendations of perfecting transference of rural land contract and operation right. Fostering and perfecting the rural land transference market is the guarantee of the standardization of transference of rural land contract and operation right. First, distinct the collective land property right, stipulate their responsibility and right clearly, make them become normal market object; Second, strengthen the construction of the market of transference of rural land contract and operation right; third, strengthen the management and guidance of the government; at last, improve the external environment of the land market development.The innovations of this paper are lie in: primarily, it systematically analyzes the limit factors that transference of rural land contract andoperation right faces from the aspects of institution, market, resources and environment and so on, and forms a systematical analysis frame with certain feature; secondly, it proposes that the institution of transference of rural land contract and operation right has obvious induced changes point of view, on this basis it designs the countermeasure and suggestion of perfecting transference of rural land contract and operation right. The insufficiencies of this paper are the problems of the transaction price of the rural land and the rights and interests of the peasant, which need further research.