Research On The Property Rights System Of Collective Farmland Under The Two-tier Management System In My Country

Rural collective land property right system is a basic institutional arrangement in China.At present,the urbanization rate is still low,the proportion of agricultural population is still high,the potential of agricultural production is facing crisis,the international competitiveness of agricultural products is insufficient and food security is overlapping.Therefor,the reform and development of rural collective land property right system is staggering,even become the key issue of "pull one hair and move the whole body".The core issue of the reform of farmland property right system is the allocation change of farmland property right bundle among different subjects,that is,the change of farmland property right structure.By grasping the relationship between the subject of collective farmland property rights and the subdivision of the bundle of farmland property rights,investigating the allocation change and allocation effect of subdividing farmland property right bundles between farmland collective property right subjects and farmer households in contracted land,and the perspective of various factors affecting the process of change,to analyse the reform of collective agricultural land property right system under the rural dual management system.On the basis of the actual reform of the collective agricultural land property right system in China,analysing the subject of collective property right of agricultural land,the distribution of rural land right of disposition between collectives and farmers,and the distribution of revenue right of rural land between collectives and farmers,building up an analytical framework of “the subject of collective property right of agricultural land-the transfer and redistribution system of agricultural land-the income distribution contract of agricultural Land”.The subject of collective ownership of farmland in China is the main undertaker of collective ownership of farmland,the effectiveness of collective ownership of agricultural land and the validity of collective ownership of rural land are directly determined by the perfection of the subject of collective ownership of agriculturalland.From my research,the main body of collective property right of farmland is influenced by the system of "three-level ownership,team-based" in the period of the former commune system,and the impact of "Intentional System Ambiguity" under the guidance of National Urbanization Development Strategy after Reform and Opening-up,in legal norms and rural practice,there are vague and confused problems.But the ambiguous and chaotic situation of the subject of collective property right of farmland makes it easy for the subject of collective property right of farmland to be interfered by administrative power and controlled by powerful small groups of village cadres,thus becoming a tool for infringing farmers' rights and interests.In order to avoid this problem,the reform of farmland property rights allocation in China tends to continuously enrich the farmland rights of farmers in contracted land and restrict the farmland rights of the collective owner of farmland property rights,but it also causes many negative effects that can not be overcome.Therefore,building a perfect subject of collective property rights of agricultural land has become an important part of the reform of collective property rights system of agricultural land in China.Based on the characteristics of rural acquaintance society and the peasant collectives formed in the period of collectivization,this paper puts forward that we should construct the main body of collective farmland property rights and a reasonable internal governance structure of the main body of collective farmland property rights,adjust the system of setting up village committees in administrative villages and change the "administrative society".The institutional heritage of "Unity" and the institutional soil for the formation of powerful village cadres' small groups can form a collective property right subject of farmland that can really be recognized by farmers and represent their interests.The sub-rights bundle of agricultural land property rights in China includes four basic sub-rights: the right to possess,the right to use,the right to dispose and the right to benefit from agricultural land.In the early stage of rural reform,on the basis of retaining collective ownership of land,collective ownership and other sub-rights of farmland were owned by collective members.Peasant households of collective members were granted the right to possess,use and part of the income of farmland.Collective and peasant households became relatively independent subjects of farmland rights,and a "unified and decentralized" dual economy was formed in rural areas.The battalion system.Therefore,the allocation of farmland subdivision rights under the double-level management system is mainly the redistribution of farmland disposition rights and income rights between collectives and farmers.Under the double-level management system in China,the allocation of farmland disposition rights between collectives and farmers is mainly reflected in the changes between collective farmland adjustment rights and farmers' farmland transfer rights.By analyzing the changes and effects of the redistribution system and the circulation system of farmland in China,this paper finds that the allocation of farmland disposition right in China is characterized by the strict restriction of collective farmland disposition right and the expansion of individual farmer's farmland disposition right: farmers' right to transfer farmland and collective right to adjust farmland are strictly restricted.The implication of this change is to cultivate the rural land market,promote the market mechanism to play a role in the allocation process of agricultural land resources in China,and let the main agricultural operators obtain stable expectations of agricultural land management.However,due to the restriction of the basic national conditions that the farmland in China is in the form of small-scale peasant management,the market mechanism may encounter serious market failure in allocating the small-scale fragmented and solidified farmland resources in China.For example,in the process of maintaining the farmer's land ownership system and land fragmentation management in China,the market mechanism of farmland transfer faces high transaction costs,and collective farmland adjustment mechanism can compensate for these negative effects caused by farmland transfer mechanism to a certain extent.Therefore,on the basis of reconstructing the subject of collective property rights of agricultural land,we need to give collectives the right to dispose of agricultural land reasonably.For the allocation of farmland income right in China,although the state and grass-roots government are not the main body of farmland property right,they can participate in the allocation of farmland income as the main body of public power,which has an important impact on the allocation of farmland income right between the main body of farmland collective property right and the farmers of contracted land,even a decisive impact.Therefore,this paper will analyze the process,influencing factors,allocation effects and problems of the allocation of farmland income rights by investigating the distribution contract relationship among the state,collective and multiple stakeholders.This paper finds that the allocation of farmland income right in China is characterized by strict restriction of collective farmland income right and expansion of individual farmers' farmland income right.The contractual relationship between the state,the collective and the peasants around the distribution of farmland income has been forcibly changed by the central government under great political pressure.After the tax and fee reform,the collective right to collect rent from the peasant households on the contracted land has been abolished.But when the national and local finance is insufficient to support the supply and demand of public goods in rural communities,the abolition of the collective retention system will undoubtedly have a negative impact on the supply of public goods and agricultural production in the collective scope.Therefore,it is necessary to construct a new type of income distribution contract between collectives and farmers based on the double-tier structure of farmland property rights.