Study On Rural Land Institution Performance In China

The research aim in this paper is as follows: On the basis of some studies on the effect of the land right steady on household invest and rural land system performance and the relationship between rural land system and agricultural economic growth, we will put emphasis on discussing the performance appraising systems of the land ownership and the land use right in this paper and search the reform road to the rural land system in China through comparing the two system performance. We will regard the rural land system as the research object and use the empirical analysis and the normal analysis according to new institutional economics.The rural land in this paper is regarded as agricultural land for business aim and does not include agricultural land for construction aim. From the view of the content of land system, the rural land system consists of the rural land ownership system, the rural land use system and the rural land administration system. From the view of the land right structure, the land right can be classified of the two levels of the land ownership and the land use right. The land ownership is defined as the rights owned by proprietor of possession, use, getting income and disposition. On the basis of the current legal institutional in China, the land ownership consists of state-owned land system and collective land system and the land use right is a kind of Usufructuary which is to realize the land use for benefit on the basis of land owned by other person. The land use right includes the rural land contractual management right, the land use right for rural or urban construction, right to the use of cartilage. The core of rural land system is the land right system, so we must firstly study the land right and analyses the internal right structure if we hope to study deeply the rural land system. Therefore, to start studying from land right we will regard"because of comparing the different land ownership right and land use right system"as sub-title in this paper.The rural land system performance is the result of the effect of the rural land system application or change on the agricultural economic development. The inspection on the rural land system is both the complex theoretical problem and the important reality problem. It is meaning to probe the mathematic evaluating methods on land institution performance and construct performance evaluating system in theory in order to improve the interpretation power of institutional variance effect on economic growth. From the angle of Chinese economic reality, the three agricultural problems (rural, peasant and agriculture problems) are the important factors of restricting Chinese economic development. If the agricultural problems can not be appropriately solved, not only the economic development aggregate level and quality in China will not be improved, but also the basic living of more than 8 billions will be affected. Because the core in the three agricultural problems is the land institution, the key to the problem is how to choose the Chinese land institution from some different reform roads to satisfy the Chinese economic development need. Therefore, on the basis of the above meaning, the land institution will be the determinate factor which affects the rural development and agriculture growth.Since 1949, the history of land institution change in China has been nearly sixty years and the three important land institution changes have taken place during that time. There are some differences in background and reform road among the three changes, so different land institution will lead to different result and performance of economic growth and social development. What is the rule of land institution change in China? How to realize and appraise the performance of land institution change? What is the Chinese rural land institution in the future? Through the research in this paper, we must answer these questions.The author will divide the period from 1949 to 2005 into three periods: the first is the period from 1949 to 1957; the second is the period from 1958 to 1977; the third is the period from 1978 to 2005. The three periods respectively reflect the three different rural land institutions. Because the first and the second land institution changes belong to the land institution change of ownership and the third land institution change belongs to the land institution change of use right, in order to study conveniently the author will choose the second land institution change from 1958 to 1978 as the sample studied and regard the change as the land institution change of ownership and choose the third land institution change from 1979 to 2005 as the sample studied and regard this change as the land institution change of use right. Then, on the basis of above definition, analysis, comparison and appraisal of different land institution will be made.In content this paper includes three parts. The first part will introduce the theories of institutional change in new institutional economics and institutional performance appraise. The second part will historically review and summarize the land institutions in ancient times and modern times and analyze three rural land institutional changes performance for nearly sixty years. From the view of positive analysis, the paper will comparatively analyze the rural land institution of ownership and the rural land use right institution and use the experience about land institution reform of other countries for reference. The third part will compare, analyze and evaluate a few rural land institution reform choices and on the basis of studies above the author will raise the recommend for land institution reform and draw a conclusion of this paper.In the paper the studied methods are as follows: (1) the normal analysis and positive analysis used simultaneously. In the normal analysis field, it is necessary to appraise the land institution history and current situation from the view of both social equity and economic efficiency. In the positive analysis, there are two methods: One is the performance index analysis method; the other is the econometrics analysis method. In the first method, a few indexed which can reflect performance will be chosen according to the relationship between rural land institution and its performance. Then, the performance index for every land institution can be calculated which is regarded as the standard appraising land institution. In the second method, a production function model in which the institution is regarded as endogenous variable will be built. On the basis of the function the correlation coefficients between the rural land institution of ownership and the rural land use right institution and agricultural economic growth will respectively calculated out. (2) The historical analysis method. From the view of land institutional change in China, the author will historically inspect the law of rural land institutional change and analyze the effect of rural land institutional change on agricultural economic growth. (3) The new institutional economics analysis method.The author will use this method to analyze every rural land institution performance. In a ward, the conclusion in the paper is follows as: both the rural land institution of ownership and the rural land use right institution deeply affect the performance of agricultural and social, economic development. But to compare with the rural land institution of ownership, the performance of the rural land use right institution is more than that of the rural land institution of ownership. China must choose the rural land use right reform road, put the emphasis of rural land institution reform on land Usufructuary system and construct the Usufructuary system at the centre of land use. It is necessary to combine the rural land institution reform with the rural management organization reform and build the cooperative equity system of land use right to satisfy the requirement of socialism market economy. That is to say, at first lawfully give the land use right to the peasant, the peasant invest the rural cooperative corporation with land contractual management right on the basis of natural village team to ensure the peasant to become the independent subject with legal personality of land use right. At the same time, give the land ownership to the village collective to ensure it to become the independent subject with legal personality of land ownership.