| The 19th CPC National Congress clearly stated:To improving Tripartite System of Farmland.The Central Committee of the CPC announced that to promoting Tripartite System Reformation of Rural homestead at December of the year 2017.At the same time,the central government is balance promoting the Direct Entry to the Land Market for Rural Collective Construction Land,The core content is that Keeping the ownership of collective ownership unchanged and Guarantee the farmers'right of land income,to allowing the right of land management transaction in marketing,The essence of Reformation of Rural Collective Construction Land is also Tripartite System Reformation.Therefore,the Tripartite System Reformation is the main direction of Rural Collective land's Reformation of china.Under this background,this paper carefully combed The theory and practice,the effect and the risk of the Tripartite System Reformation of Rural Collective Land,and based on Marx's theory of property rights,land rent theory and western economic property theory etc,try to establish the concept of National Land Regulation Right and the"property spectrum" theory to analysis rural land property system,demonstrated that the National land regulation right is an Key factor determining the change of the"property spectrum" of the rural collective land,analyze the concrete realization forms of the National land regulation right taking the history of rural collective land system reformation in China as an example,advance a new point that Fourth rights must be introduced with the deepening of the reform of the Tripartite System of rural land,set up a new system framework for the division of "four rights" in rural land,put forward some valuable policy suggestions to improve the Tripartite System reform in China's rural collective land.The research structure of this paper is as follows:The first chapter mainly introduces the background,the main problems and the main research methods and theoretical significance of the research.The second chapter is the definition of the concept and the related theory and literature review,mainly on the rural collective land,Tripartite System reform,the National land regulation right defines three concepts,combing Marx's property right theory,land rent theory,property rights theory of western economics theory,summarizes the existing research on Tripartite System reform literature,lay the foundation for the research framework proposed.The third chapter is the construction of theoretical framework,mainly based on the existing theories,and put forward the theory of land property spectrum and the analysis framework of national land regulation right,which is the theoretical tool of this paper.The fourth chapter mainly uses the theoretical framework put forward in the third chapter to analyze the history of the change of the rural land system in China,and clarify the specific realization form of the National land regulation right in every historical period and its impact on the property right structure and nature of the rural land.The fifth chapter mainly analyzes the influence of the Tripartite System Reform on the National land regulation right,and analyzes the four aspects of agricultural subsidies,land sales finance and so on,and analyzes the new changes of the rural land property right structure.In the sixth chapter,on the basis of the analysis of the fifth chapter,from five aspects,the policy suggestions are put forward to reestablish the form of the realization of the National land regulation right in China.The innovations of this paper are as follows:Firstly,it is the first time that the Tripartite System reform should be developed to the "four rights" divided reform,taking the National land regulation right as the fourth right of the rural land,to set up a new theoretical analysis framework.Secondly,advance a new theory of "land property spectrum",the property right structure of each country's land constant changes between privatization and public ownership and forming a property spectrum of land,just as each country has its own "political spectrum",adapting to the efficiency of the market economy and the fair goal of national stability.Thirdly,the concept and analysis framework of the National land regulation right are put forward,National regulation is an important way to ensure the public ownership of rural land,The framework for the analysis of the National land regulation rights consists of the basis of the National land regulation,the target of the National land regulation right and the form of the realization of the National land regulation.The form of the realization of the National land regulation is mainly composed of economic means,administrative means and legal means.Fourthly,from the perspective of the National land regulation right,the history of the change of rural land system in China is analyzed.The rural land system in China can be divided into the period of cooperation and the people's Commune,the period of "separation of the two powers"before the exemption of agricultural tax,the period of "separation of the two powers"after the exemption of agricultural tax and the period of Tripartite System reform of rural land,at every historical stage,the priority of the National land regulation rights has changed,and the specific forms of realization have been adjusted accordingly,but no matter the sharing of land interests or the control of the final disposal rights of rural land,the right of the Nation to the rural land has always existed,and has led to the change of the property right structure of the farmland.The conclusions of this study are as follows:Firstly,in the period of cooperation and the people's commune,the priority goal of the National land regulation right is to provide surplus accumulation for the strategy of industrialization priority development,the main realization forms are collectivized production,agricultural tax and the monopoly of agricultural products circulation,so as to obtain agricultural surplus as much as possible.Secondly,in the period of "separation of the two powers"before the exemption of agricultural tax,priority of the National regulation right is to solve the problem of food and clothing and realize the total economic output doubled,the main realization forms are agricultural tax,"SantiWutong",land use conversion right of monopoly.Thirdly,in the period of "separation of the two powers" after the exemption of agricultural tax,the priority goal of the national land regulation right is to ensure the national food security and the rapid economic growth.The form is agricultural subsidies,the monopoly of rural land conversion rights,and the "Land Sales Finance".Fourthly,in the period of Tripartite System reform of rural land,the goal of the National land regulation right mainly includes four aspects:strictly abide by the 1 billion 800 million mu arable land red line,ensure national grain security,push forward the urbanization of human centered,and solve the financing problem of new urbanization.Fifthly,the Tripartite System reform of rural land has brought challenges to agricultural subsidies,land finance,food security and cultivated land protection,including the failure of agricultural subsidy policy,the difficulty of land finance,the "non agricultural" and "non grain" risks of farmland.Sixth,after the Tripartite System reform,the collective ownership of agricultural land will be emptied.The collective ownership of collective construction land will be enhanced,the membership rights of farmers will be gradually shareholdings,and the management right of rural land will be capitalized.The right of National land regulation should be rebuilt.Seventh,with the Tripartite System reform,the need to accelerate the collective economic organizations property rights system,a clear definition of the property right relation between the collective and the farmers,the need to further improve the National land regulation right from five aspects,namely perfecting farmland protection system,improve the unified land planning system and subsidy the system of agriculture,improve the tax based land value adjustment system and improve the rural collective land management laws and regulations.There are still some shortcomings in the definition,research methods,contents and policy recommendations.We need further research in the future,and the theoretical framework needs further improvement. |
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