Pondering On The Chinese Countryside Land Property Rights Institution Change And Its Modernization

China is a big power in agriculture. As a primary industry, agriculture plays a decisive role in all of the industry. Along with the problems of peasants and countryside, it becomes a bottleneck to the development of economy. In all of the three problems, the problem of peasants is the biggest one. Solving the problem of land is the key to this problem. And because land property rights institution is the core of the land problem, so how to construct a high efficient land property rights institution becomes an important tusk to all of the theory workers, and this it also the study target of this article.The reform of China began in the field of economy, so economics goes further in the study of economy and development of China. With the reform deep going, the reform of market economy puts upon the property rights institution. Because the property rights institution is a subject of talk that both the field of economics and laws cares for and the market economy is legality economy, so the study of property rights institution is not more than a tusk of economics but also a popular subject to talk of jurisprudence. Land property rights institution is an important aspect of the property rights institution, so the study of land property rights institution becomes an emphasis to the jurisprudence. The persons with breadth of vision have already become aware of this, and they are also making great efforts towards this orientation.In fact, there is no absolute bound among subjects. The research results in one subject can be used by other subjects definitely. Moreover, the using for reference usually can break old made of thinking, and can develop a new research field. As an important school of latter modernism, economic analysis jurisprudence advanced one step. On behalf of this school of jurisprudence, Coase and Bosnor found a new research method—analysis law by economics. Receiving inspires from mis new way of reconsidering law problem by the theory of economics, the author of this article studied the change of land property institution of China, analyzed the efficiency of all types of land property institution of China and their changes by economic s and history. Based on mis, the author reconstructed a new land property institution of China, and it can contribute to the modernizing of land property rights institution of China.There are seven parts in this article. In the first part, the author summarized the main documents and draws out the main research object: land property institution of Chinese countryside.In the second part, the author introduced basic concepts about property institution and its efficiency of economic analysis jurisprudence. Firstly, the author clarified the concept of property rights and institution in economics and jurisprudence. Secondly, the author analyzed the affects of property rights institution: optimizing resources dispose,synergtzing property rights and urging the owner of the property use his rights more effectively. At last, the author introduced Bosnor's theory about efficiency standard of property rights institution with emphasis. In Bosnor's viewpoints, an efficient property right must be a complete right, it must be comprehensive,exclusive and negotiable in its system environment.Based on the static analysis of efficiency of the property rights institution in the second part, the author introduced Norm's theory about institution change in a dynamic angle. North points out that it is the efficient worth of the new institution and the inefficient of the old institution that made people to change present institution. In this foundation, the author introduced the types of lured institution change and forcing institution change in detail. Relating to the theory of economic analysis jurisprudence, the author concluded the relationship between property rights and its efficiency: the efficient of the property rights institution is the cause which makes the institution to change; the theory about institution change provides a bask, way for property rights institution to change from an inefficient one to an efficient one.The form part is the main part of this article. In this part, the author analyzes the super long changing course of Chinese land property rights institution, and analyzes there types of land property rights institution which are state-owned,collective-owned and private-owned land property rights institution by economics. At last of this part, the author concluded that both the state-owned land property rights institution and the collective-owned land property rights institution are inefficient. The private-owned land property rights institution is efficient, and has a reference value to China's land property right system reform.In the fifth part, the author analyzed present family payment proportional to production contractor responsibility of China, and pointed out that this institution is a transitional form of the land property rights institution changes to private-owned type. Although family payment proportional to production contractor responsibility of China had brought large amount of social incomes, its achievements have released out A new type of land property rights institution must displace it.In the foundation the front parts, the author reconstructed Chinese land property rights institution in the sixth part. In the author's opinion, private-owned land property rights institution has a reference value to China's land property right system reform. But at present, implying the land stock cooperation institution and free transaction to land property rights institution is a gradually advance towards this target. The reform of lateral economic ties and the construction of the social security systems are also necessary system reforms to modernizations of Chinese land property rights institution.In the seventh part, the author drown his last conclusion in the foundation of reviewing the front parts and combing all the types of the land property rights institution: the historical types of Chinese land property rights institution and their changing course indicates mat private-owned land property rights institution is efficient in some degree. But Looked from China's social nature, we should not imply private ownership.The significance of the studying of this article is to clarify the direction to the modernizations of Chinese land property rights institution and design a new type of land property rights institution on microscopic by researching Chinese land property rights institution in history and reality by economics. This article hastheoretical instruction affects on the construction of land institution which iscarrying out in the rural area of China.