The Analysis Of Law And Economics Of Farmland Transfer

Rural problem is China's reform and opening-up which realize the well-off society in society, which has been an important goal. With the rise of China, the development of the rural economy is in the further.On October19,2008, the communist party of China issued by the17th session of the third plenary session of the CPC central committee on rural reform and development on major issues of rural land transfer, it makes new regulations on land allows farmers in the household contract management based on a voluntary and compensatory basis, according to law, and through various forms of land conversion of farmland use, accelerates transfer, optimizes the allocation of resources and improves peasants income level, realizing the sustainable development of the rural areas.With this policy's implementation, it will greatly alleviate the shortage of farmland resources supply this basic contradiction, the farmers' income will be greatly improved, the agricultural productivity will be greatly promoted and developed socialist agriculture development, and the construction of new countryside will be coruscated vigor and vitality. But as we cannot be ignored in the land circulation is expanding constantly, flow velocity quickened, because the farmland use transfer time is short. The relevant regulations of the institutional guarantee policy are not perfect. In the land transfer exposes some deep problems and contradictions, some problems have gradually influence and restrict the agriculture and rural development and deepening reform. Therefore, how to actively to further promote the rural economic system reform and establish scientific and efficient farmland's institution, promoting the circulation system of farmland resources reasonably and effectively configuration and circulation.China's current agricultural and rural reform and development of important practical issues facing our modernization, and it is a development of frontier problem.Given the transfer of rural land and institutional guarantee in different historical periods and social development, and the important role for the development of China's reform, this article chooses "transfer of farmland system" as a research object, by "the system guarantee of the land transfer" in the "system","the farmland system","the land transfer system", the concepts of farmland use for analysis and foreign land system, the Chinese ancient land system reform and open policy in China since the evolution of farmland system for reference, from the law and economics,the new institutional economics perspective of institutional change rule, the thorough analysis of farmland use and institutional guarantee the historical inevitability and realistic significance, from the angle of farmland use conversion of farmland use, the first transfer and second transfer comprehensively and deeply analyzes the system at present of farmland use system in legislation and the problems existing in the system, and finally put forward to promote agricultural circulation, improve the efficiency of land use policy. Suggestions and architecture of land transfer system can provide a framework for analysis and utilization of analysis and reference coordinate.Based on the economics and law, the new institutional economics and historical analysis of three kinds of methods in the use of these methods, the author more attention to the theory and application of the principle of macro analysis method from the macroscopic angle only by its basic principle to analyze the specific problem. It is this feature.This article has10chapters:The first chapter is an introduction. This chapter firstly introduces the background and significance of the object of study. It studies the ideas and methods of innovation. It is possibly presented and analyzed. And this topic research from two aspects of domestic and abroad were systematically summarized and statements, finally the author shows that the selection of the basic ideas and basic ideas.The second chapter is a economics theory. The author in this chapter to their understanding of the French law economics, economics of the origin, development, the research object, the purpose of the research and other related content analysis, and the French economics and the new institutional economics, legal economics, economic analysis of the differences and similarities between related disciplines, and analyzes the definition of economics, law, and the new definition of the theoretical basis of this form to the analysis of farmland changing law provides theoretical basis and analysis method.The third chapter is the foreign typical national land transfer system. It experienced and analysed in this chapter of China, Russia, Japan, and the land transfer of policy and system, the comprehensive analysis of the advantages and disadvantages compared their kingdoms, from the system and measures summed up some experience of these experiences, and summarizes the system, so as to provide our land transfer system reform their valuable comments and suggestions. The fourth chapter in ancient land transfer system is analyzed. This chapter has a comprehensive review of various dynasties in Chinese history, through the transfer system of agricultural land transfer system in different periods, the analysis of the history of China's land transfer, for China's system of farmland changing provide experience and enlightenment.The fifth chapter of is the present condition analysis. This chapter summarizes thirty years reform and opening up of the development of agricultural transfer system, analyzes the present land transfer and the basic form of current land conversion on the legal system, and finally points out the current problems existing in the land transfer system.The sixth chapter is the transfer system of agricultural economics foundation. This chapter discusses the significance of farmland changing law and economics, and emphasized the value and importance of farmland changing. And further analyses justice and efficiency as the theoretical basis of law and economics, in judging whether reasonable and effective system of farmland changing process of the important role played by.Chapter7is the first transfer of farmland use analysis of law and economics. This chapter from two aspects of land use is analyzed, and an agricultural construction land circulation to cause analysis, the transfer of the main motive power. In the view of economics, the causes and process is through analysis of the two aspects of land transfer. Further shows the characteristics of farmland use circulation and connotation.Chapter8is the second tansfer of farmland analysis of law and economics. This chapter of law and economics from farmland use of dynamic mechanism and circulated again this transfer process. It analyzes the problems existing in the process of circulation, and point out the land circulation institutional change direction.Chapter9is improving farmland transfer system framework. This chapter reviews and summarizes the problems of land circulation thereof, and puts forward some Suggestions and measures to solve the problem.And through the full text of the discussion and analysis, design of farmland out of circulation system framework.Chapter10is a conclusion.The core of the argument of this text is some problems that were summarized, and it is the basic ideas and thoughts.To sum up, we want to solve the problems of "agriculture, countryside and farmers", which still need long time. At present, we are faced with the problem is how to increase farmers' income and improving farmers' living standards, and land circulation system establishment and the consummation to solve the problem of increasing farmers' income is the key, so we must solve problems and make good land conversion of farmland in the new era to create new value and vitality, so as to realize the modernization of agriculture and rural economic structure adjustment, finally solve the contradictory dualistic structure.This article tries to create some innovations in the following aspects:First, this article from the macroscopic angle redefines the government of rural land market control functions. The author thinks that the government for land market regulating functions should be a macro functions. Since all circles to land market of government function is defined as the government regulation, but actually micro-regulation functions in this position for the government of farmland market supervision control. In recent years, the development of farmland is wanton occupation often occurs at its source, is the lack of government's macro regulation, local governments on land market regulation, caused a lot of farmland changing. Given this situation, the author bold design thinking that will be new government regulation of market of farmland from macro, only in this way can we solve the land circulation of a series of problems. Based on this point, the formal no empirical analysis and case analysis, because from the macroscopic Angle, of a particular case of any lack of general significance of analysis, cannot satisfy the circulation system of farmland macro positioning point of view. So the author only on the existing laws and regulations, and the economic analysis method on the basis of the basic framework of farmland use, in order to realize from the macro control of farmland changing system.Second, the new definition of law and economics is found. The author thinks that the law is not legal economics. It is not economical analysis of economics and law, but a kind of brand-new fusion is balanced by the relationship between fairness and efficiency to optimal allocation of resources as the goal, the Commodity Exchange as the research object, by rights as the main content, the economic analysis and logic analysis method for legal economics combines with the law. And in this definition on the basis of law and economics double dimension analysis, from the Angle of economics and law of a Commodity Exchange behavior analysis, find the efficiency and fairness in the balance between a balance, and to determine the realization based optimize the allocation of resources to the legal and institutional path. Finally, the balance of fairness and efficiency of legislation and system design is realized, and optimizes the allocation of resources.Third, this paper redefines the "farmland transfer" one word, since we all the land transfer defined farmers, for the land use right after the subcontract, lease, exchange, transfer, joint-stock cooperative activities, but this farmland transfer is expanded the scope of one word, will existing farmland changing definition of farmland use for the farmers get circulated again, the use of farmland, defined as the first circulation, namely the initial conversion of farmland use. This concept to determine is based on farmland ownership form. Ownership is refers to all the people of his property law possesses use, seek profits from and dispose of the rights. The land ownership rights transfer part of the land will give farmers, which, of course, including SiHuang land auction and contract, the author thinks that the form can be defined as the initial conversion of farmland use. This concept redefining has caused a lot of controversy, most scholars think it should belong to the configuration or farmland use. But the author thinks in essence, they are consistent. In form, there may be some different, such as stipulated in the contract and the rights of the differences. But I think that this does not affect the essence of farmland changing. So I think can be defined as the initial conversion of farmland use. This definition is eliminated, the advantages of agricultural land circulation and initial right in property rights, make the difference in the right properties of farmland changing with farmland initial rights defining consistent, so more conducive to the healthy development of the circulation of farmland for circulation of farmland use rights laid the foundation of attributes.On the other hand, this article also has some shortages, mainly including:First, this article focuses on the theory of economics redefining the logical structure and methodology is insufficient in the future. We need to be perfected in the study. Actually a theory of development and perfection, need a relatively long period, this definition merely from the economic analysis of law and economics law and legal economics has separated from the starting point, a long time in the future, we need to this theory and constantly perfect, make its have more strict theoretical system and more extensive application.Second, this paper relates rights of farmland system needed a further analysis. Whether to safeguard farmers' interests, or in order to improve the efficiency of land use and allocation of resources, the land rights are the foundation. Land rights and reveals the interest relationship is to improve the link. In the future, we should put the regulations on land, and further analyzed the relationship of rights.