Study Of The Mechanism Of Compensated Withdrawal Of Rural Contracted Land Under The "Three Rights Division" Policy

The compensated withdrawal of rural contracted land is an inevitable and realistic problem in the process of transforming the economic structure and promoting urbanization in China.Since the Chinese economic reform,a lot of rural laborers have migrated to urban areas to mitigate the contradiction between China's urban and rural dual economic structure.This has led to the problem of “semi-urbanization of rural migrant workers”,and further cause the decline of traditional agriculture and problems such as departing from rural areas without departing from farmland,and “hollow village”.At this stage,encouraging qualified farmers to withdraw their contracted land with compensation is the key to alleviate those issues.It is possible to realize the conversion of assets for peasants(migrant workers)who have the intention to migrate to urban areas.At the same time,the unused cultivated land resources can also be fully utilized by the new agricultural management entity,promoting the development of agricultural scale management and new-type agriculture,and realizing the complementarity of urban and rural resources.The "Three rights division" is a new type of property rights system for agricultural land in China,and it has a guiding role in the study of a new round of land reform.This article is based on the perspective of the “Three rights division”.This paper relates theory to reality and arranges the research process in the logical order from abstract to concrete,from theoretical practice to theoretical policy recommendations.The historical course,institutional evolution,changes in rights and the status quo of the development of rural land circulation are elaborated in more detail.The land ownership right and interests system under the “Three rights division” policy are clarified.The land rent theory,property rights theory,rural social security theory and mechanism design theory are combined with China's representative land withdrawal practice cases to be used to analyze the issue of rural contracted land withdrawal and facilitate the attempt to design compensated withdrawal mechanism of contracted land.This article completes the following goals.First,under the circumstances that the rural land property rights are still not perfect,clarify the rights such as the land contracting right;Second,discuss the practice of exit right of contracting rights carried out in pilot practices in some regions of China,and analyze the necessity of the withdrawal.Third,under the premise of farmers' willingness and economic foundation,encourage farmers to orderly withdraw their contracted land,design reasonable compensation mechanisms,promote rural cultivated intensive production,raise the efficiency of farmland,gradually address the issue of rural idle land and protect rights and interests of farmers after the withdrawal.The conclusions of this paper are as follows:(1)The rural collective's ownership of rural land under the “Three rights division” is a prerequisite for other rights and interests.It is derived through the distribution of reasonable interests between the collective members and the collective members.The right to obtain membership and the right to obtain membership again allocate rights between the farmland and the collective members,and thus derive the right to operate and contract on the basis of the circulating of farmland.(2)The four factors that restrict the withdrawal of contracted land in China are: first,the definition of land property rights is unclear,and the distribution is unreasonable;second,there is no reasonable compensation scheme for withdrawal of contracted land;third,there is a lack of reasonable and sound financial support system as the main body of paying for the compensation is exclusive,mainly the government;fourth,the social security of the farmers who have withdrawn from the land is difficult to follow up systematically and will affect the farmers' willingness to withdraw.(3)A government-dominated,market-led,multi-participant entity should be established to recoup the withdrawal of contracted land with a three-incentive mechanism that operates in conjunction with the economic incentive mechanism,including the policy incentive,policy incentive and post-retirement equity protection incentive,to achieve reasonable guidance and encourage farmers to withdraw their contracted land.