Study On Rural Collective Property Right And Its Realization

In recent years, with the tendency of weak development of rural economy and the appearance of "the problem of peasants, agriculture, rural country", whether the rural collective property institution which has been implemented for 50years in our country can support the development of China's rural economy further and whether it can fully embody the due economic and social achievement as the fundamental system in the course of setting up and perfecting rural market economy? These questions have caused the extensive concerns of various circles of society, especially academic. The academic circle has immediately thrown the concerns of China's rural economy innovation and the enthusiasm of solving "the problem of peasants, agriculture, rural country" into the innovations related to "rural collective ownership" and "rural collective property right", and has formed three kinds of major views which are rural land privatization theory, nationalization theory and mixed ownership theory. Therefore, China's rural collective property institution has met the unprecedented challenge.According to the property right theory of institutional economics and the ownership theory, creditor's rights theory in law, combination with the inherent incentive mechanism of rural collective property right institution. I think it is still necessary to insist on the rural collective property institution continually. The contradiction or incongruity in reality can be solved through the innovation of property realizing way. This is the basic principle of this paper.Framed with the national constitution and current basic legal system, guided by the six "No. 1 File" which was issued successively by the Central Committee of the Communist Party of China and the State Council according to ruraleconomic work, based on several "fundamental break-through" about the ownership theory of the Third Plenary Session of the 16th Party Central Committee and using the basic theories and methods of modern institutional economics, this paper studies the characteristics, structures, functions of the rural collective property right. Using the experience of the property right theory of economists, such as Coase, A. Alchian, Zhang Wuchang, this paper analyses the way of innovation of the current rural collective property institutions in our country and absorbs the views of production privatization, nationalization, and mixed property right dialectically and effectively. These views are relation to the basic theory of right achievement. It reveals the necessity and realistic meaning of insisting on rural collective property institutions continually. It avoids discussing the question of property right achievement simply from the theory aspect, combines with the realistic factors, such as social system, ideology, productivity current situation, etc. of our country and solves the current essential matter in rural collective property institutions through designing system innovation on the collective property right's realizing way aspect.Though institutional economics has already become the component of economics theory discipline of our country, the relevant thought has not permeated through the legislative activity of our country. This paper makes an exposition about the relation between the legal system and economic achievement and analyses essentially how the property right reflects the economic achievement which is directly related to economic behavior motive and result and expects to offer the theory and method based on the relevant system innovation and the legislative activity.