The Dispute Between Property Right And Executive Power:How The Public Forest To Be "Privatized"

In this paper, the author will use Guangtiangou village in Hubei province as the unit of analysis, exhibited its 30 years’forest land dispute process in the form of stories, combed the change of property right system within 30 years since 1980 and the change of the ownership of villagers, village organization and country in this changing process. The author finds out that under the circumstances of invariable collective forestry property right policy, Guangtiangou village experienced three historical period, i.e. "allot the forest to household", "eradicate barren mountain", "forest reform and right confirmation", the farmers started from "have my own forest" to "make a concession reluctantly", and ended with "fight for their own rights", while the government played "allot the forest to household", "take possession of forest land privately", "remove the disputes" triple roles, leading to this embarrassing situation that the farmers cannot get involved even though the forest turns out to be "attractive" instead of "nobody cares". In this "No planting right even the forest is there" contradictory logic, the paper is trying to make a combination between property right and administrative right in the perspective of property function, showing its game process and analyzing the effect of the ownership of villagers, village organization and country to village governance by observing the empirical case, on the basis of farmers’attitude towards forest land property right.In the process of the changes of forest land property right, different attitude of village organization and country towards forest land property right, and the property consciousness of villagers will affect the change of property right and the pattern of each property right ownership. Therefore, this article selected three different dimensions, namely property germination, property contend and property restraint during "allot the forest to household", "eradicate barren mountain", "forest reform and right confirmation" three historical period, which shows three manifestation correspondingly from administrative incentives to administrative power to administrative confirming right, for analyzing and researching the dialectical unification relations between property right and administrative right. The basic conclusion of this paper is:from one aspect, there are dialectical unification relations between property right and administrative right, administrative right should protect farmer’s property right, while farmer’s property right improved the standardization of administrative right; from another aspect, as for the relationship between property right and administrative right, they constraint and balance each other, but peasant mentality severely restrict administrative right’s restraint to property right, while administrative power blocked property right’s regularization to administrative right. This paper believes that in the logic of administrative power, the government or some certain civil servants from basic level department violated farmer’s right to some extent, meanwhile, peasant mentality severely restrict the administrative right function to come into play. Only when villages and towns government both respect farmer’s property right, and farmer’s awareness of property right generally step on the rationalization track, the village can enjoy a permanent development in the long term.