| At the end of 2018,with the promulgation and implementation of the new "Rural Land Contracting Law of the People’s Republic of China",the "three rights separation" of farmland was officially upgraded from policy to law,realizing the reshaping of the traditional "separation of two rights" farmland property rights structure.Under the background of building a new domestic and international dual-cycle development pattern,whether the "three rights separation" system of farmland can be effectively implemented and achieve the expected implementation effects directly affects the realization of agricultural modernization and the promotion of international competitiveness of agricultural production.However,unlike the theoretical understanding that effective allocation of resources can be achieved by clarifying property rights and granting farmers more land rights,in practice,it is difficult to directly achieve the expected policy effects simply by strengthening property rights.Specifically,in some areas,the practice of the key content of the "three rights separation" of farmland—releasing land management rights—has not only failed to achieve the system goals,but also showed certain implementation difficulties.On the one hand,unlike the continuous expansion of the scale of land transfer,although the signing of formal land transfer contracts has improved due to the reform of the farmland property rights system;in reality,the signing of formal contracts is affected by the specific human-land relationship in rural areas,the rate is not high.Even if a formal contract is signed,it cannot completely circumvent and effectively deal with the transfer disputes that may occur in the process of land transfer;The loan balance has increased significantly,but through surveys and interviews,it can be seen that financial institutions in most regions currently carry out this business,which is mostly caused by administrative incentives and has a "policy loan" nature.Over time,some areas have seen a decline in loan balances and difficulties in dealing with mortgage defaults.Some areas have even faced practical difficulties that the policy is difficult to sustain,and the business has been suspended.It is worth noting that at the same time,there are also some places that have effectively resolved the difficulties and achieved good implementation results in the implementation of the property rights of the "three rights separation" system of farmland.They are in the protection of rights and interests,the transfer of farmland,and the mortgage of farmland management rights.Obtained significant system performance in terms of loans.How to understand the differences between central system design and local practice? How to generalize successful experience at the theoretical level? It has become a realistic question that must be answered in the further implementation and improvement of the "three-rights separation" system for farmland.In order to fully explain these issues and provide a historical basis for the perspective of interpretation,while paying attention to the current status of the practice of the "three rights separation" system of farmland,it is also necessary to explore the origin of the "three rights separation" system from a historical perspective.Based on this,this article draws on the theoretical insights of the new institutional economics,constructs a multi-level and multi-agent governance structure analysis framework including the central government,local governments,village collectives,ordinary farmers,etc.To in-depth analysis of the origin of the system,the allocation of property rights and the path of practice.Specifically: First of all,starting from the farmland property rights system,introducing the thought of system evolution,relying on the historical data of the changes in the farmland property rights system after the founding of the People’s Republic of China,summarizing and extracting the evolution logic of the farmland property rights system in the field of Chinese characteristics,and clarifying the origin of the farmland "three-rights separation" system under the multi-level and multi-subject governance structure,and the identification of the interaction mechanism between multi-level and multi-subjects,for the subsequent allocation and practice of property rights under the "three rights separation" system path analysis lays the foundation;secondly,under the premise of grasping the multi-level and multi-subject interaction mechanism of the central government,local governments,village collectives and ordinary farmers,based on the perspective of property rights allocation and the public domain of property rights,combining theoretical analysis and existing some practical experience explores the property rights allocation structure and possible implementation dilemmas of the "three rights separation" of farmland in the context of multi-level and multi-subject interaction;then through the main practical content of the "three rights separation" of farmland,that is,the comparison and analysis of typical cases of farmland management rights transfer and farmland management rights mortgage loans,to identify the operating mechanism and performance differences of the realization form of differentiated farmland "three rights separation",and to summarize and refine.Finally,on this basis,with the help of the origin of the “three rights separation” of farmland has been explored,we will answer how to improve and promote the “three-rights separation” of farmland under the background of significant differences in the current level of social and economic development among regions.It is a practical issue for the effective implementation of“home” and provides corresponding policy suggestions for further deepening the reform of rural land property rights system,which serves as the reform inspiration of the full text.The main findings are as follows:(1)The "three rights separation" system of farmland is the result of the combined effect of "design-evolution".Different from the unilateral central macro-system design of traditional socialist countries,the changes in China’s social system after the founding of the People’s Republic of China were affected by the central government,local governments,village collectives and other multi-level and multi-subjects.Among them,the central government "top-down" design of the system is also accompanied by the spontaneous evolution of the local grassroots "bottom-up",with typical Chinese characteristics.Affected by the different intensity of the interaction between the two in the "innovation-choice-diffusion" link,there are significant differences in the performance of institutional changes at different stages.In a word,after the founding of the People’s Republic of China,the changes of the Chinese farmland property rights system followed the unified logic of "design-evolution" among multiple levels and multiple subjects.The formation of the "three rights separation" system is the product of multi-level and multi-subject interaction under this logic.(2)Affected by the public domain of property rights,the implementation of the "three rights separation" system of farmland is facing a real dilemma,which hinders the effective implementation of the "three rights separation" system.Under the framework of a multi-level and multi-subject governance structure,affected by the vague expression of laws and regulations at the central level,the reallocation of property rights at the local government level,and contract rules at the level of the rights subject,in practice,the property rights allocation structure of the "three rights separation" of farmland has different levels.The public domain of property rights,which hinders the effective implementation of the "three-rights separation" system,makes it not only difficult to balance the rights and interests of various property rights including ownership,contracting and management rights,but also may restrict the circulation of farmland.In addition,in farmland management rights mortgage loans,not only ordinary farmers and new business entities competing for the economic value of farmland management rights mortgages will increase the transaction costs for realizing mortgage rights,the contention of multiple rights subjects will also affect the re-circulation of farmland management rights,making it difficult to effectively dispose of farmland management rights,restricting the development of rural financial markets,and ultimately hindering the effective implementation of the "three rights separation" system.(3)The optimization of the external governance environment can promote the implementation of the "three rights separation" of farmland,but the implementation effect of the system is limited.Theoretical analysis and empirical tests have shown that the optimization of the external governance environment based on the reform of the farmland property rights system at the central level and the administrative intervention measures of the local government can effectively promote the three rights of farmland through the improvement of the security and integrity of property rights.This is manifested in the development of the farmland transfer market as an increase in the number of transfers;while in the farmland management rights mortgage loan,it is reflected in the increase in the value of the collateral transaction,value preservation,and exclusivity.Practical experience has also shown that although the number of farmland transfers has increased significantly,the transaction costs in the signing,implementation,supervision and management of farmland transfer contracts are still relatively high;and because the disposition of collateral has not been significantly improved,the default collateral is difficult to be disposed,and the mortgage power of farmland management rights is still difficult to realize.In a nutshell,the implementation effect of the "three rights separation" system for farmland is limited.(4)Appropriate public intervention in the establishment of the internal governance structure can reduce the transaction costs of the practice of "three rights separation" in farmland and improve the effect of system implementation.Different from only relying on the reform of the farmland property rights system at the central level and administrative intervention at the local government level,in areas where the practice of " three rights separation" of farmland is effectively carried out,the internal governance structure has mostly introduced village collectives and third-party platforms.Among them,in the field of farmland transfer market,through differentiated subject relationship institutional arrangements,the transfer transaction cost is reduced and the quality of farmland transfer is improved;in the farmland management right mortgage loan,various forms of guarantees and counter-guarantees are used to set up to realize the constraints on the opportunistic behavior of new business entities and promote the effective realization of the mortgage power of farmland management rights.This not only improves the credit availability of ordinary farmers,but also solves the problem of collateral disposal after default.This makes it possible to realize the capitalization of farmland rights in areas with weak government financial resources and low development of farmland transfer markets.In summary,in the context of building a modern governance system,in order to improve the implementation of the "three-rights separation" system of farmland and promote the deepening reform of the rural land system,this article proposes policy recommendations as follows:(1)Collaborate with the external governance environment and internal governance structure to promote the effective implementation of the "three rights separation".First,local governments should build a fair trading environment to achieve fair competition among transaction subjects and reduce the loss of rights and interests caused by competing for the public domain of property rights;second,local governments should combine local government financial resources and governance levels to follow the path of reducing transaction costs.Choose a differentiated internal governance structure for farmland transfer and farmland management rights mortgage loans;and flexibly adjust the internal governance structure with changes in the external governance environment to promote the effective implementation of the "three rights separation" system of farmland.(2)Relying on a multi-level and multi-subject governance structure to enrich the realization of the "three rights separation".With the establishment of the legal system for the "three rights separation" of farmland at the central level,local governments and village collectives should play a greater role.Among them,on the basis of building and improving the trading platform,the local government can also take appropriate measures for administrative intervention,such as establishing a circulation risk and mortgage risk avoidance mechanism,an assessment mechanism for new business entities,and a third-party service mechanism.The village collective can make up for the “absence” in the past,give full play to management and service powers in the internal governance structure,and actively intervene in the transfer of farmland or mortgage loans for farmland management rights in a differentiated form,thereby enriching the the realization form of the "three rights separation" of farmland.(3)Guide and encourage system innovation at the village collective level,and prudently promote regional experience.In the analysis of the origin and practice path of the "three rights separation" system,it can be found that both historical evidence and practical experience show that in rural my country,the village collective is not only the smallest administrative organization,but also an effective evolutionary unit.The institutional innovation characteristics of the village collectives have created a rich set of options for the central and local institutional design.Therefore,at this stage,we should adhere to the collective ownership of rural land and actively guide village collective innovation;but at the same time,we should maintain a cautious attitude when innovating systems and promoting regional experience,focusing on spontaneous innovation and independent imitation,and compulsory promotion should not be adopted.(4)Drawing lessons from the implementation experience of the farmland property rights system,promote the deepening reform of the rural land property rights system.With the deepening of the reform of the rural land property rights system,collectively-owned land such as homesteads and forest land other than farmland are facing the need for deepening reforms.In this process,in addition to encouraging and guiding the village collective level to actively carry out system innovation,it should also emphasize the improvement of the interaction mechanism of the multi-level and multi-agent governance structure.The combination of system design and system evolution can be corrected in time when problems are discovered to effectively promote the deepening of the reform of the rural land property rights system. |
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