A Study On The Transfer Of The Contractual Right Of Rural Land Problem

The transfer of the contractual right of rural land refers to the transferring process of the contractual right among different main bodies while the ownership of the land remains to the state. The content related to the transfer of land in Marx and North's institutional changes theory and neo-institutional economics provide theory basis for the research. In general, the diversification of the land transfer system is the result of developing social productivity, which is the cause of the development of scale economy, incentive loss, land safeguard function and rent-seeking cost. The development of these four factors can cause changes in the system's potential profit, and this profit change may arose the needs of different main bodies for new system to internalize such profit, and eventually, to the transfer of the contractual right of land.The situation of the land circulation in developed countries such as Japan and United States, and the overall situation of land circulation of our country as well as the specifics in different provinces and regions of our country suggest that the land circulation rate is in direct proportion to the level of productivity development. It suggests certain differences in the land circulation between provinces and regions. At present, constraining factors such as conflict in legal regime, low agriculture comparative interest and backward ideas are exist in China's land circulation process, and problems such as the uncertain of ownership man body, unhealthy market system of land circulation and nonstandard contract for land circulation are serious. All these constraining factors and problems should be analyzed and solved immediately. Because of the different economic level of eastern, central and western regions of our country, the large differences exist in scale economic potential, incentive loss, land safeguard function and rent-seeking cost, which turned to the differences in land circulation systems among different regions. In eastern China, the level of productivity and urbanization is high and the prosperous industry and commerce ensures peasants a high income from no-agriculture industries, so the land circulation form can be the advanced one such as pooling of lands as shares, In central region, economic level is relative lower compared to the eastern region and the condition for land circulation is not as sufficient as that of eastern region, so it is better to gradually spread the renting system on the basis of maintaining Countryside's Land Collective Ownership and the system of contracted responsibility linked to output, and the land circulation can be done in dispersion model. The western region has lowest level of economic development and agricultural economy still hold the large proposition in economic amount. Farmers there are mainly engaged in agriculture. it should continue to consolidate the household contract responsibility system and aided by the simple land circulation patterns. To ensure the realization of the variation of land circulation patterns, the emphasis of policies should be placed on different issues among regions. Besides the continuing improvement of the household contract responsibility system and related laws and regulations, conditions should be created for the smoothly operation of land circulation market in eastern and central regions, including government function shifting, establishing the inter land circulation mechanism, establishing the market intermediary agencies and so on. In the west primary conditions should be created for land circulation, such as the development of non-agriculture economy, promoting the transfer of labor force and perfection of social security system in the countryside so as to reduce peasants'reliance for land.