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Study On Structure Subdivision Characteristic Of Farmland Property Rights Change

Posted on:2017-04-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:N LiFull Text:PDF
GTID:1319330518980680Subject:Land Resource Management
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The core issue concerning great revolution in farmland system after the founding of the PRC lies in changes of arrangement of a bundle of farmland rights among different subjects, that is to say, structural changes in property right of farmland. In particular,looking back to the progress since reform and opening up, it has been found that as national regulation of property right looses, possession and utilization of structural rights such as use right, usufruct and disposition right of farmland by farmers become increasingly complete and be protected, namely, structural arrangement of property right of farmland has gradually tended to take farmer as subjects. Meanwhile, however, acquisition of above right structure by farmers is accompanied with remarkable progressive characteristic. First,among kinds of a bundle of rights, farmers first obtain use right and usufruct of farmland,followed by possession of disposition right of farmland. Next, within every bundle of rights,the specific degree of definition and content are also successively and structurally changed.For instance, when it comes to use right of farmland, first, land contracted management right is separated from ownership, then changes into division of land contract right and management right. When it comes to disposition right of farmland, first, define right of circulation of farmland, then reform of right of mortgage of farmland. Therefore, combined with the above progressive of structural changes of land ownership,it is possible to summarize changes of property right of farmland over this period of time through concept of subdivision characteristic of structure.Although current literature has pointed out such a characteristic of subdivision of structure during changes of property right of farmland, there is a lack of thorough analysis which takes this characteristic as viewpoint and content. First, subdivision of structure, as characteristic abstraction of changes of land ownership,how to refine and express its more specific content? In addition, what is the mechanism or in other words reason that changes of property right of farmland assume such subdivision characteristic of structure? Moreover,as the advance of this characteristic process, what will it bring about in the result of definition of property right, and through which way does it affect final development of agriculture? It is undoubtedly that consideration and answers to these questions can not only make up for the deficiency of historical research and theoretical thinking, in addition,a study on changes of property right of farmland based on this content has an undoubtedly important significance both in theoretical research of structure of property right of farmland and in practical aspect of historical changes and structural reform.It is based on above consideration that this paper, with the help of theoretical insights in New Institutional Economics such as public domain of property right, rent dissipation and transaction fee, takes subdivision characteristic of structure as viewpoint and content,and makes a thorough analysis of changes of property right of farmland following logical analysis framework of "historical summary-study of mechanism-enlightenment of reform":first, start from structural connotation of property right of farmland, summarize and refine the characteristic content of subdivision of structure based on the objective facts of historical changes of property right of farmland; next, on the abstract basis of of characteristic content, analyze through two aspects of characteristic "process-result",probe into inherent mechanism of changes of property right of farmland. Then, it provides performance mechanism for such a characteristic result through structural changes for definition of property right brought about by this characteristic and analysis of path and degree of its effect on development of agriculture; finally, on the basis of characteristic content of foregoing historical summary,interpret policy connotation of "Three-right Division" of farmland,based on which gives answers to how to realize effective three-right division of farmland under the context of development of modern agriculture with the help of change mechanism that has been probed into above, taken as enlightenment of reform of the whole study on changes of property right of farmland. Ultimately, major research conclusions of each part are as follows:(1) structure Subdivision of farmland property rights constitutes typical characteristics of land rights arrangement since reform and opening.The connotation of structural arrangement of property right of farmland originates from combinatorial arrangement of a bundle of three rights, namely use right, usufruct and disposition right of farmland, between two types of subjects, that is, farmer and non-farmer.Before reform and opening up, structural arrangement of property right of farmland concentrated on non-farmer subject mainly on collectivity and country, whose structure was rigid. In contrast, after reform and opening up, structural arrangement of property right of farmland has gradually transited to be farmer-oriented. However, in the above three types of a bundle of rights of farmland ownership, farmers first obtain use right and usufruct of farmland and then obtain disposition right of farmland. Besides, acquisition of each right is also characterized by gradual change. As a result, based on history of changes of property rights of farmland since reform and opening up, it is possible to, standing on angle of farmers, abstract and summarize of characteristic content through concept of subdivision of structure:First, summarize the gradual changes of types for bundle of rights of farmland as first-level content, thereby divide the period from 1978 to 2012 into first subdivision of structure of property rights of farmland that has been finished. And divide the period from 2013 till now into second subdivision of structure of property right of farmland that is being carried out. Next, summarize the gradual changes of self content of each right of farmland as second-level content. Specifically, the first subdivision of structure of property right of farmland includes first subdivision of use right of farmland comprising division of land contracted management right and ownership of farmland as characteristic content(1978-2012), complete subdivision of usufruct of farmland comprising realizing completely exclusive of usufruct of farmland by tax reform as characteristic content (1978-2012), and first subdivision of disposition right of farmland comprising separation of right of circulation of farmland as characteristic content (1995-2012). While the second subdivision of structure of property right of farmland mainly includes second subdivision of use right of farmland comprising division of land contract right and management right as characteristic content (2013 till now), and second subdivision of disposition right of farmland comprising right of circulation of farmland and right of mortgage of farmland being regarded as equally important as characteristic content (2013 till now);(2) Prerequisite and background of appearance of subdivision characteristic of structure originate from deregulation of the country, afterwards, to effectively present and define rent of farmland, interactive evolution among internal structure of property right of farmland, farm produce market and market form of farmland elements enables subsequent change process to assume subdivision characteristic of structure.Before reform and opening up, due to rigid national regulation of structure property right of farmland and various markets, there was huge public domain of property right during practical operation of property right of farmland, which led to great dissipation of rent of farmland. To lower this dissipation and improve the agricultural performance,national loose regulation functions as background and prerequisite for changes of structural arrangement of property right of farmland since reform and opening up. While after reform and opening up (namely when the country has loosen its regulation), the internal mechanism of why changes of property right of farmland embody such typical characteristic of subdivision of structure lies in that there is two-way interaction between internal structure of property right of farmland and farm produce and factor market, whose purpose is for effective embodiment and definition of rent of farmland. Before the new century, interactive evolution of property right of farmland and farm produce market has nurtured gradual subdivision of use right and usufruct of farmland, thus defines resource rent of farmland. Because of most urgent desires for farmland resource function of meeting survival and reproduction at the beginning of reform and opening up, but these desires require this type of rent information of farmland to be embodied and expressed in farm produce market; however, property right, as the basis of market, with dual internal requirements for volume of business and bargain price by mature of farm produce market,firstly correspondingly nurtures subdivision of subdivision of use right and usufruct of farmland.However, after the new century, with the gradual improvement of farm produce market,the reflected changes in structures of both dietary consumption of farm produce and income has made it possible for farmland to gradually transform from resource function to asset and capital function, thereby it is required to adjust original structure of farmland production through flow of farmland factor in factor market, and at the same time manifests and defines rent of farmland in the aspect of attribute of asset and capital, therefore proposing the requirement for subdivision of right of circulation and then mortgage on disposition right of farmland, which has nurtured the subdivision of the latter. But because of additional transaction cost attached by membership property of land contract right for operation of farmland factor market and exercise of disposition right of farmland, so subdivision of disposition right of farmland has at the same time promoted further subdivision of use right and usufruct of farmland. Therefore, there is a synchronous subdivision characteristic of disposition right, use right and usufruct of farmland during this period until the present reform of farmland "Three-right Division".(3) Subdivision process and structure of property right of farmland predict in the result of definition of land ownership unceasing changes of degree that farmers reject intervene from other subjects,which affects development of agriculture through internal path of acting on efficiency of use of agricultural production factors.With gradual subdivision process of structure of property right of farmland, in the result, definition of property right of farmland has been continuously complete and clear,meanwhile, the dissipation degree of rent of farmland has gradually lowered. Fro the former,because the ultimate goal of definition of property right is to provide for different subjects selection sets of boundary and behavior among their interactive behavior, and because effectiveness of boundary is dependent upon actual exclusive degree of subject behavior,therefore, by constructing theoretical framework of "behavior content-essence of property right-intervene of subjects-boundary exclusive",and carry out specific measurement on subdivision degree of structure of property right of farmland. For the latter, as use of farmland within use range of farmland, lowering of dissipation degree of its rent must be reflected in development performance of agriculture, and this theoretical content of New Institutional Economics cannot answer effectively the problem of changes of definition degree for property right (exclusive changes) during the process of lowering rent dissipation affecting internal path of agricultural development.With the help of theory of economics, though empirical analysis of provincial panel data from 1978 to 2010, it has been found that with gradual subdivision of structure of property right of farmland, increase of exclusiveness of property right of farmland will ultimately affect development of agriculture through acting on internal path of use of efficiency of agricultural production factor. Moreover, different bundle of rights will exert difference for direction and degree of effect from agricultural production factor.. This conclusion has proven side-on the rationality and urgency of the new round of farmland reform taking circulation and mortgage of farmland as a core (the second subdivision of structure of property right of farmland).(4 ) The policy of farmland "Three-right Division" has characteristic connotation of structure subdivision in contentThe present reform policy of "Three-right Division" of farmland in the content is to realize division of land contract right and management right on one hand, and on the other hand, is to activate management right of farmland on the basis of division of the same. For the former, because use right and management right of farmland have the same practical and theoretical connotation, so division of land contract right and management right equals to division of use right of farmland, only that this time it is further division based on the already division of land contracted management right and land ownership (first subdivision of use right of farmland). Therefore, this reform policy content of "Three-right Division" of farmland has the characteristic content of second subdivision of use right of farmland comprising division of land contract right and management right as its content. For the latter, because the activation of management right needs to realize circulation and mortgage of farmland factor under the context of modern agricultural development, so inter requirements of right of circulation and mortgage of farmland enables this content to have characteristic content of second subdivision of disposition right of farmland comprising regarding of right of circulation and mortgage of farmland of equal importance as its content.(5) Under enlightenment of mechanism subdivision characteristic of structure,realizing "Three-right Division"of farmland requires to guarantee the dominant status of household management for farmers and pay attention to specific selection of ways for activation of right of management of farmland. Land stock cooperatives may serve as a preferred selection of such economic organizations.Therefore, realizing the effective division of three rights of farmland can refer to existing characteristic mechanism under this connotation:First, following the performance mechanism of result for subdivision characteristic of structure, it is known that whether division of right of management of farmland is effective depends on it is possible or not to improve total economic efficiency of agricultural production factors. In the context of collective member right still being regulated, although division of land contract right and management right of farmland is beneficial to improve distribution efficiency of farmland factors, it is easy to be affected by characteristics of agricultural industry when changing the result of the subject of usufruct of farmland,thereby reducing production efficiency of farmland factors, leading to dilemma of result of division upon total economic efficiency variations of factors. Therefore, based on this enlightenment of mechanism of the characteristic, during the division of right of management of farmland, attention should be paid to guarantee the dominant status of household management for farmers.Facing toward the above dual constraints of change mechanism, because of characteristic of joint property for farmland stock cooperative, it is easy to introduce socialized services of agricultural production, and meanwhile maintain production advantages of family run.Next, following the occurrence mechanism of process of subdivision characteristic of structure, it is known that whether right of management of farmland is activated depends on it is possible or not to realize coordinated interaction among farmland factor markets,namely, activation of right of management of farmland needs to be done through specific actions upon circulation and mortgage of farmland factor markets. However, part of activation (way of creditor's rights) of management right of farmland in farmland factor transferring market, though able to promote subdivision of circulation right of farmland,will go against activation of management right of farmland in farmland factor mortgage market and subdivision of right of mortgage of farmland either.Based on this enlightenment of mechanism for this characteristic, during activation of management right of farmland, attention should be paid to specific selection of activation ways. Transferring of mode of shares for farmland is possibly more beneficial for activation of management right of farmland in mortgage market. Farmland stock cooperatives is possibly,because of setting of its core stock right,a preferred selection of such economic organizations when realizing "Three-right Division" of farmland.Therefore, it is able to give policy reform suggestion of principle for realizing subsequent effective arrangement of structure of property right of cropland through the following: (1) continue to loose regulation of property right of cropland, and adhere to thedominant status of farmers in structural arrangement of land ownership; (2) progressively probe into system reform of property right of cropland, activate the latter in the form ofcropland factor market dealing; and (3) improve legislation of cropland stock cooperative,and guarantee its effective construction and development.
Keywords/Search Tags:structure subdivision characteristic, farmland property rights change, farmland use right, farmland usufruct, farmland disposition right
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