Institutional Study On The Transference Of Rural Land In China

The problem of agriculture, rural areas and farmers has always been concerned by the Chinese communist party and government. The Chinese agriculture and the rural economy has entered a new stage of development .Compared with the marketization and internationalization of agriculture, the rural industrialization, urbanization and modernization in China,the farmers'income ,the agricultural development, and the social progress in rural areas has been far lagged behind because of the small-scale agricultural management with the result of the pressing inadequate land supply.Based on the study of the actuality of agricultural and rural economic development in China, the Chinese communist party and government has introduced a number of regulations and policies to promote the development of land transfer, optimizing the allocation of land resources .And these policies have made a great significance in showing that the land circulation has increased markedly in scale and pace. However, there has been many factors to restrict land transfer and circulation now because of that the relevant policies for the land transfer has lagged behind the land circulation which has developed rapidly yet still in a cub-hood stage That what countermeasures we should take to solve the problems mentioned above for promoting the land transfer in a reasonable, lawful, orderly and healthy way has been the primary topic of the agriculture in practice and theory.Based on the analysis perspective of the theory of property rights and rent theory, as well as the changes of land system in the last one hundred years in China, this article has described the actuality of the land transfer, citing the progress, exploring deeply the relevant restricting factors .And this article has also summarized the suggestions which can promote the land transfer and circulation for improving the effectiveness of land utilization.This article consists of five parts:The first part has focused on the general introduction of the theory of property rights and rent theory which are the theoretical foundation of the land transfer .And also the research methods of this article and some new ideas about the land transfer have been briefly mentioned.The second part has introduced the systems of land transfer in various periods in the last one hundred years in our country and their developments at each period .However, there are some missing illustration for the land transfer and its system in some periods because of their small scale .The land system has changed time after time with every new form of the system the new superiority .However, the system has its own inadequacies with the rapid development of social and economics progress .Therefore we should view the household contract responsibility system in the same way .And some adjustments should be done in the household contract responsibility system to emancipate and develop productive forces. History has showed us that there is no perfect system of land transfer, only land system at the right time.The third part described the actuality of land transfer in China .At first, this part has introduced the ways of land transfer which have been manifested in forms of subcontracting, lease, exchange, transfer, joint-stock cooperative system, commissioned farming, auction, mortgage and so on .And each of these ways has its own reason for existence because of the vast rural land areas, various farming methods and the miscellaneous land types .According to the frequency of land transfer by farmers in the country, only five popular methods of land transfer are introduced here. Secondly, this part has carefully studied a large amount of data and statistics of land transfer in some representing areas. Finally, this part has detailed the progress of economic development in rural areas by the promotion of land transfer.The fourth part has made a profound analysis of the current constraints of rural land transfer in China .The current constraints are cited as following. The first restriction is ambiguous definition of property rights rural collective land which has hindered the marketization of land as the normal goods. And the second constraint is that the policies and the regulations have been far lagged behind the development of land transfer .The third one is low level of land marketization and the limited information of land transfer, therefore restricting the land transfer greatly .The fourth constraint is the un-mature rural social security system which is a reason why the farmers in China have been afraid of the land losing and the consequent the income losing. So the farmers will not give up the right of land contractual management. The fifth constraint is the rigid household registration system which has prevented the mass migration of farmers from rural areas to urban areas.The fifth part has made the proposals to promote land transfer to tackle the problems mentioned above. Firstly, that the farmers should become the land owners can protect arable land as well as to promote the land transfer .Secondly the land-related laws and regulations should be set up ,especially the"Rural Land Property Law","Rural Land Transfer Act".Thirdly, the land transfer market should be promoted so that the land transfer and implementation of agricultural structural adjustment can go hand in hand. The forth measure is to strengthen the construction of rural social security system .And the fifth one is the reforming of the household registration management system to encourage farmers to migrate to the city.The rural land transfer will inevitably lead to the migration of a large number of rural populations into cities, with the consequence of the slum expansion, the security matters and other social problems. However, we have to face these problems .With confidence and creativity, the farmers in China can have a better life with the reform and the development of land transfer.