Law And Economic Analysis Towards The System And Phenomenon Of The Circulation Of Collectively Constructed Land

Since the Reform and Open, our country has gradually developed into an institution of dualistic structure of urban and rural land. While the institution of the state-owned city land has been witnessing continuous improvements, the system of the circulation of the collectively constructed land has gone increasingly far away from the reality. The appearance of the marketing of the collectively constructed land, has urged us into reconsidering and reevaluating the impact of this legal system on the substantial development of the economics and society.On the basis of field survey and consulting a great deal of literature and datum, this thesis would be divided into four parts, to lucubrate the system of the circulation of the collectively constructed system and its phenomenon.The first part of this thesis explicitly clarifies relevant conceptions concerning the transfer of collectively constructed land. Taking the legislature status quo in consideration, the subject of the study would be divided into two parts:the system of the proprietorship of collectively constructed land and the phenomenon of the market of the collectively constructed land. The analysis of the former part would combine laws and regulations while the later would combine the research statistics.The second part of this thesis would predominately emphasize on the relevant law and economics analyzing methodology, to demonstrate the function of the aforementioned methodology in studying the phenomenon and system of collectively constructed land.In the third part of this thesis, the author would evaluate the legal system of the transfer of the proprietorship of the collectively constructed land, through welfare improvement theory, game equilibrium analysis theory and bounded rationality theory, to clarify the system’s restricting impact on the local government and peasant behaviors. And further elaborate the deficiency of the system as regards to income distribution, market prospect, farmer compensation and maintaining the stability of the society.In the fourth part of the thesis, the author would combine the theory of institution flux with the deficiency of the legal system of the transfer of the proprietorship of the collectively constructed land, to explain the reason behind the phenomenon regarding the circulation of ownership of collectively constructed land promoting the marketing of the tenure, and point out the inherent problem of the institutional flux in this phenomenon.To sum up, two purposes are to be achieved through the law and economics analysis towards the system and phenomenon of the circulation of collectively constructed land. First, is to provide a more comprehensive theoretical reference for the reform of the system of proprietorship of collectively constructed land. The reform should both protect the rights of the farmers and promote the economic development, that is to say the imbalance of the current system would be exactly the priority of the incoming reform. Second, is to deepen the comprehension towards the phenomenon of the marketing of the collectively constructed land. All phenomenon has its institutional origin, therefore the discovery of this origin can, on the one hand be helpful in understanding the reason behind its appearance, on the other hand be useful in predicting the potential problems of its self-development.