Study On The Influence Of Formal Institution And Informal Institution On The Allocation Of Collective Forestland Property Rights

As the means of production and living and green "defenders" for farmers’ survival and development,collective forestland plays an indispensable role in improving farmers’ livelihood,enhancing social security and maintaining ecological security.Since the reform and opening up,along with the logic of property rights economics,the central government has carried out several rounds of collective forestland property right system reform from the formal institution level through pilot operation,policy introduction,law revision and other channels,which has achieved the detailed division and optimal allocation of collective forestland property right structure in the legal dimension,and comprehensively improved the production efficiency and ecological performance of collective forestland.However,due to the complexity of the scene and content of collective forestland governance,it is possible that the formal institution can not clearly define the scope of various rights and functions of different right subjects.In the practice of villages,the actual allocation of collective forestland property rights is often inconsistent with the legal allocation of the government.It can be found that the allocation of collective forestland property rights is not only affected by the national formal institution,but also by the long-standing informal institution in grass-roots villages.In the case,part of the rights defined by the formal institution have not been effectively realized in reality,resulting excessive concentration of forest rights,frequent disputes over forest rights,imbalance match of forestland economic and ecological benefits.Based on this,this paper studies the impact mechanism of formal institution and informal institution on the allocation of collective forestland property rights,and provides theoretical support and practical references for the construction of a unified collective forestland property right system.Firstly,based on the property right theory,institutional change theory and social capital theory,the analysis framework of the impact of formal institution and informal institution on the property right allocation of collective forestland is constructed.Secondly,through the systematic analysis of the structure,basic content and function of the formal institution and the informal institution,and with the help of the typical village case data obtained from the field research,this paper analyzes and tests the influence effect deviation of the two systems on the allocation of collective forestland property rights in different dimensions.The results show that:(1)The state of collective forestland property rights is the product of the comprehensive effect of the first allocation of formal institution in law dimension and the secondary allocation of informal institution in fact dimension.Taking the legitimacy,rationality and desirability of property right into account,the effective integration of the two is the premise of building modern forestry property right system.(2)With the help of legal and policy definition,land use and disposal control and other government administrative intervention means,the formal institution realizes the division and clarity of ownership,contract right,management right and their functions among different subjects of collective forestland,and improves the property right security level of collective forestland legal dimension through the extension of contract period,stability and improvement of the certification system.(3)Because of its strong local consensus,informal institution can restrict and regulate the cognitive level and behavior choice of the members in the village social relationship network,enhance the collective action ability of the village collective and villagers,and then make secondary allocation to the state of collective forestland property rights.And different forms of informal institution will form a differentiated structure of collective forestland property rights allocation.Specifically,members with a strong level of trust and interests can fully exercise their rights of ownership,contract and management to collective forestland,and maintain a high level of security of property rights,while other members and foreign business entities who are unfamiliar and have weak interests are just the opposite.(4)Formal institution and informal institution have conflicts and deviations in the allocation of collective forestland property rights due to the formation source,executive subject and function of differentiation,which will not only increase the transaction cost of system implementation,but also threaten the democratic autonomy and order stability of villages to a certain extent.Finally,in order to further deepen the reform of collective forestland property right system and promote the balanced matching of the rights and functions of collective forestland in the legal and factual dimensions,based on the analysis results and research conclusions of this paper,this paper has the following suggestions:(1)The government should focus on improving the grass-roots fit of the formal institution in the design and implementation process of collective forestland property right system to avoid institutional vacuum and failure effectively.The specific ways include: 1)adjust measures to local conditions,fully investigate the characteristics of village differentiation,such as physical and geographical conditions,historical and cultural basis,folk life habits and forest resource endowment;2)further clarifying the vague scope of power and function among the subjects of collective forest property rights,and weakening the deviation of collective forest property rights in the legal and factual dimensions by reducing the public domain space of property rights.(2)Strengthening the compatible cultivation and reasonable transformation of the informal institution.Adhering to the principle of taking the essence and abandoning the dross,retaining and cultivating the essence of the informal institution,we should guide and adjust the closed and backward informal institution through educational publicity and formal institution,so as to improve the individual’s value cognition and behavior habit,and enhance the legitimacy and rationality of the informal institution ’s disposition of collective forestland property rights.(3)Accelerating the construction of villagers’ self-government system,enhancing the independence and enthusiasm of village collectives and villagers to participate in democratic governance,autonomous governance and cooperative governance of village affairs,avoiding the risk of clan or other organizational forces’ infringement on the rights and functions of collective forestland,and effectively protecting the legitimate rights and interests of the subject of collective forestland property rights.