| In recent years,the transfer speed of farmland contractual management right in China has been accelerating.In 1999,the circulation rate of cultivated land in the country was only 2.53%,and in 2018 it rose to 36.5%,that is,more than one third of the cultivated land in the country has been transferred.However,with the expansion of the scale of farmland transfer and the acceleration of the transfer speed,the land transfer contract between the two parties to break the contract and the resulting interest disputes gradually become prominent,seriously affecting the efficiency of land transfer.Unstable land transfer contract relationship will not only harm the interests of both parties,increase the transaction cost of land transfer,but also not conducive to the improvement of the efficiency of land transfer and the continuous and stable operation of land transfer trading market,and ultimately hinder the development of modern agriculture and agricultural scale economy.This study focuses on the stability of farmland transfer contract,first gives the realistic definition of farmland transfer contract stability in combination with the practice of farmland transfer,then explores the influence mechanism of farmland transfer contract stability from two levels of economic rationality and social relations.Finally,according to the influence mechanism of farmland transfer contract stability,how to improve its stability is discussed.According to the research data of the research group,the author finds that in the current rural farmland transfer market,85.9% of the contracts are oral contracts and79.17% of the farmland transfer contracts are short-term contracts under one year,but in reality,these oral and short-term contracts do not cause the instability of the land transfer contract transaction relationship,and most of the contracts are in normal operation.Therefore,the author thinks that it is not accurate to define the stability of farmland transfer contract in the form of contract and term of contract.Based on the practice of farmland transfer,this study suggests that contract stability should be defined as farmland transfer The smooth conclusion of the easy contract,the stable maintenance of the contractual relationship between the two parties in the contract period,and the phenomenon that the transaction contract does not terminate within the contract period.Agricultural land transfer transaction is a market transaction activity between social people living in a certain institutional structure and social relations.Under the special background of agricultural land in China,there is a special relationship between farmers and land,and there is also a complex relationship structure and emotional connection between people.Agricultural land transfer can not be simply understood as a factor market,nor is it simply a market-oriented economic transaction,is a mixture of blood,kinship,geography,and human relations,including a special market logic,is the expression of identity,emotion and their rights and interests of the multi-transaction nature of the activities,multiple social and economic significance,has its own special The logic of social relations outside the logic of economic rationality.Therefore,the investigation of the stability of the farmland transfer contract needs to pay attention not only to the economic rational logic of the contract transaction,but also to the role of the social relationship logic outside the economic rational logic on the transaction.Specifically,the logic of economic rationality is mainly analyzed from two aspects: the asset specificity of both parties to the farmland transfer contract and the uncertainty in the contract transaction.From the perspective of social relations,we mainly explore the social relations network and power relations between the two parties of the farmland transfer contract.Research shows that assets are exclusive and social The cultivation of the relationship network will help to improve the stability of the farmland transfer contract,while the self-earmarked,uncertain and unbalanced power relationship of the assets will destroy the stability of the farmland transfer contract.Based on this,the author thinks that in order to improve the stability of contract transaction and the efficiency of farmland transfer,measures should be taken :(1)the instability of farmland transfer contract caused by asset specificity is closely related to the speculation of farmland transfer party.At this time,by expanding the business links,extending the industrial chain and realizing its own vertical integration,the rural land transferor can not only reduce the operating cost of its own organization,but also have new transaction relations and realize new interest links with the rural land transfer households in other industry links,thus reducing the opportunistic behavior of the rural land transfer households;(2)in the absence of the external environment In the case of incomplete initial contract,the instability of farmland transfer contract mainly comes from the wrangling of both parties.At this time,by introducing the external insurance contract as the supplementary contract to make up for the deficiency of the initial contract,the transferor can not only transfer the cost and risk pressure in its own organization production and operation,but also effectively improve the stability of the farmland transfer contract;(3)the maintenance and cultivation of the social relations network can greatly enhance the stability of the farmland transfer contract relationship when the stability of the farmland transfer contract can not be improved from the perspective of economic rationality.(4)However,in the face of unequal power relations between the parties to the contract The imbalance of farmland transfer contract needs to ensure the equality of rights relationship between the two parties through the intervention of third party relationship(such as government administrative force or legal constraint). |
