The Effect Of Rural Governance Under The Separation Of Land Property Rights Of "One Land,Two Owners"

This paper takes the land property rights pattern in Gandong during the Ming and Qing dynasties as the base of investigation,and the basic question of the study is how the separation of land property rights of "one land,two owners" affected the governance structure of villages.As a relevant study,land property rights and rural governance are the central variables of the author’s investigation,and they form the basic subject of this paper.Through this study,I try to reveal the logic of rural class formation and the role effect of class governance from the perspective of land property rights separation,and attempt to construct the interaction mechanism between land property rights and class governance.During the Ming and Qing dynasties,the "one land,two owners" ownership system was created in Gandong on the basis of the permanent tenancy system,and land rights were the main basis for social stratification in rural China.For this reason,Hukeng village in Gandong was chosen as the basic field survey area(see Chapter 1).The premise of rural governance under the "one land,two owners" land ownership pattern is the imbalance of rural economic base,which separates different social strata,different from theoretically summarized rural governance effects under the family system structure based on blood ties,nor is the identity and order of governors determined by lineage.Therefore,this study attempts to propose an explanatory framework of rural governance as "hierarchical governance"(see Chapter 2).In terms of narrative logic,the logic of this paper is based on Marx’s "who owns the means of production-the status and relationship of people in the production process-the structure of social governance".In terms of"who owns the means of production",the economic basis of "hierarchical governance" is"one land,two owners".The same piece of land is divided into two layers,the top land(field skin,field surface)and the bottom land(field bone,field root)belong to different people,and the right to field bone is juxtaposed with the right to field skin,both are permanent and independent property rights.Taking Hukeng village as an example,we analyze the separation of land property rights under the "one field,two owners" structure,the economic structure under the "one land,two owners" structure,and the dependency relationship under the separation of property rights under the "one land,two owners"structure(See Chapter 3).In terms of "people’s status and relations in the production process," according to the form of land tenure separation and the type of land tenure held by the villagers,the villagers of Hukeng Village can be divided into "land bone owners,""land skin owners "and "tenant" classes.Each of the three classes had a different status-"land bone owners" were bureaucrats and aristocrats,"land skin owners" were Jinshen and gentry,and "tenant owners "cultivators" and the rural underclass(see Chapter 4).In terms of "social governance structure," Hukeng village has developed a unique hierarchical governance structure of "vertical governance allocation and horizontal governance adaptation"-resulting in the roles of "land bone owners" as administrators and mediators,"land skin owners" as participants and sharers,"tenant farmers" as bearers at the bottom,clans as legitimate governance interveners,and nerve endings of state power penetration(see Chapter 5).In addition,land property rights and rural governance structures are mutually influential and constraining.There is an interactive logic between "one land,two owners" and "class rule":"one land,two owners" separation of land rights shapes the rural governance structure-"class rule" land rights shape the rural governance structure.The "class rule" land rights structure forces the change of land rights structure-the change of land rights structure pushes back the adjustment of governance structure(see Chapter 6).The basic conclusion of this paper is that the logic of land property rights and village governance arises from the inherent interaction between "one land,two owners"and "hierarchical governance".First of all,the separation of land property rights shapes the governance structure of villages,and the separation of land property rights of "one land,two owners" creates different classes of villages,such as "land skin owners","land bone owners",and "tenant owners".Different social classes have different political influence due to their different economic bases,and the class with better economic bases has more legitimate authority in village governance;this is the result of the separation of land property rights shaping the traditional village governance structure.Then,the "class governance power" of the village forced the change of land power structure.As the wealthy class in traditional villages,the "land bone owners" and "land skin owners"dominated the order of village social benefit distribution through their own class governance power,and maximized their own interests by "transferring","ordering",and"forcing rent".By "transferring","ordering",and "forcing rent",they maximize the interests of their own class as much as possible.This caused the resentment and dissatisfaction of the peasants at the bottom against the "two owners" and the political elites,which made it impossible to integrate the relationship between the classes within the community and forced the change of the land power structure of "one land,two owners",and the change from "one land,two owners" to "one land,one owner" was the result of the change of the land power structure forced by "class rule".Subsequently,the re-emergence of the "one land,one owner" land rights structure led to the birth of a large number of new landlords,who held a certain amount of land ownership and other property rights at the same time and became the new rural "rich class";the rich class monopolized the governance power of the countryside and excluded "the political,economic and social status of other rural classes" in all aspects,which was the result of the change of land rights structure pushing back the adjustment of governance structure(see Chapter 7).The study on the separation of land property rights of "one land,two owner" is helpful to draw lessons from the agricultural land policies of traditional societies,and thus provide historical insights into the current "three rights" land property form-the private ownership and sale of "property in land " leads to serious annexation of land;the tenancy and transfer of "right to use land" leads to unstable land for agriculture;and the trend of "one land,two owner" leads to complete landlessness of the tenant.In order to change the monolithic structure of land rights,the courts should be given the ultimate judicial remedy from the substantive and procedural laws to ensure the resolution of land acquisition conflicts."To guarantee farmers’ fair share of land appreciation proceeds",to safeguard their legitimate rights and interests in the urbanization process and share the fruits of modernization.The study of "class governance"-the class structure and power relationship pattern of rural society-reveals that in moden rural governance,we should build a new class order in rural governance,smooth the circulation channels of rural governance classes,and the state power should be active in rural governance,using the state power to control the new direction of rural governance(see Chapter 7).