A Study On The System Of New Farmland Property Right

The 2014 central document clearly stated: "In the implementation of the rural collective ownership of land on the basis of stable household contract rights, liberalize land management right." This is the first time the central document of rural land announced "separation of powers". The new farmland property system of "Separation of powers" is a great innovation in the history of land reform and marks a new dawn of round.After the Reform and Opening in 1978, the creation of the rural household contract responsibility system achieved the separation between the "ownership" and "contract management rights", which is a great pioneering work in the history of land reform, and show strong vitality at the begining. In recent years, rapid industrialization, urbanization and agricultural modernization, the advantages of the household contract responsibility system gradually release completed and the drawbacks become increasingly prominent. "Separation of ownership" of farmland property system is an urgent need for institutional innovation and establishing the "separation of powers" new farmland property system becomes the direction of the current reform of Agricultural Land Property System.The new farmland property system of "Separation of powers" is an Induced Institutional Change. At the insistence of the collective ownership, the franchise is separated from the contract and management right,which is the biggest difference between the "separation of the two rights" Farmland Property System and traditions. Contracts and management rights associated with the separation of agricultural land possession, usage, income, sanctions among economic agents of the separation and recombination occurs. It is necessary to redefine the boundaries of the power of ownership, contract rights, the right to operate.This paper argues that inducing the separation of ownership and management contract right motivation can be summed up as a result of both internal and external. Internal mainly refers to economic agents by internalizing externalities, reduce transaction risks, economies of scale, risk aversion continue to seek to maximize their own interests and reduce transaction costs, so that their interests are the greatest satisfaction. External factors mainly refers to the transfer of rural labor, the emergence of a new form of management, promotion of national power, the adjustment of agricultural structure, promote the urbanization of land, development of production technology for the creation of favorable conditions.Construction of "separation of powers" new farmland property system, we must first ensure the right to carry out registration of land, improve the relevant legal system construction; Second, we must adhere to agricultural land ownership in the public nature of the premise, to further implement the collective ownership; and third, stabilize contract relations over the long term, the establishment of the right to contract exit mechanism; Fourth, we should accelerate the land transfer, to ensure realization of the right to operate in the form of pluralism; and finally, strengthen supervision and prevent farmland management process negative behavior.