【作者】 高元禄；

【导师】 徐传谌； 詹连富；

【作者基本信息】 吉林大学 ， 政治经济学， 2007， 博士

【摘要】 本文的研究对象是中国农村土地产权问题。文中先对土地、产权和农村土地产权作了一般性分析,并介绍了马克思主义经典作家和国内外专家学者有关农村土地产权的思想,其后论述了中国农村土地制度的变革及产权化,进而论述了中国农村土地产权的实际状况和未来建设之路。中国农村土地制度的变革分为两个阶段:改革开放前主要是土地所有制的变革;改革开放后主要是土地经营制度的变革。农村土地家庭承包经营制度的普遍建立,使农村经济走上市场化轨道。随着农村市场经济的发展和农村土地法律法规的颁布,开始形成了农村土地产权制度。中国农村土地产权的实际状况:农民集体土地所有权得到坚持,其主体和客体基本明确,还存在不明晰之处;土地家庭承包经营权趋于稳定,其内容不断充实,仍存在不完善之处;家庭承包经营土地流转权得到确认,其行使范围在扩大,尚存在限制性因素;农村土地管理权已经确立,其执行力度在强化,还存在不到位之处。中国农村土地产权建设是一个长期的过程:2010年初步建成农村土地产权制度;2020年基本建成农村土地产权制度。在今后若干年内,要进一步明确农民集体土地所有权,进一步稳定土地家庭承包经营权,进一步重视家庭承包经营土地流转权,进一步加强农村土地管理权。更多还原

【Abstract】 During the development of the acceleration of China’s modernized construction and the entire construction of moderate prosperous society, the establishment of modernized property right system is both the interior demand of consummating basic socialist economic system and the objective requirement of consummating the socialist market economic system. The basic content of China’s modernized property right system is modern enterprise property right system and modern rural land property right system. The establishment of clear ownership, the explicit authority and responsibility, the strict protection and the smooth move, are beneficial for advocating rural land collective ownership, to strengthen the basic position of collective ownership economy, to stabilize the operation right of the household contract system of rural land, to intensify the significant position peasants in market economy, to consolidate the enthusiasm of peasants’production and investment, and to accelerate modernized construction of agriculture.ILand creates and grows everything. Land is the foundation of lives, the root of development, and the source of wealth. The land, especially explored for agriculture, is always the basic material conditions of the development in human being society. Land for agriculture is the land engaged in the agricultural activities of production and operation. Agriculture contains planting industry, husbandry, forestry, and fishery, of which land is the most basic production material. The property right is the core concept of new institutional economics. Modern property right is a concept coming out in market economy. Western researchers and domestic youth researchers define the property right from the viewpoint of new institutioanal economics while domestic senior researchers define it in the field of political economics. To insist on Marxist ownership theory, learn and reference from western property right theory, and integrate China’s conditions of economic system, is the only way to make a relatively accurate definition. Property right, on the surface, is the concept of law, but substantially the concept of economics. From the viewpoint of substances, property right is basically the concept of economics. However, the economic relationship reflected on property right is a specific economic institution, subject to the field of economic system. Obviously, it is directly or indirectly confined by basic economic system, and retroacts on it. Rural land property right, based on land property right and centered on land ownership, is the confluence of each land property right, and land property right system consisted of various rights. Rural land property right system contains land ownership, land possession right, operation right, income right and disposal right. The function of rural land property right is as follows: economy stabilization, restraint and encouragement, resources allocation, efficiency promotion, exchange arrangement, and interests guarantee.IIClassic Marxis writers refer to the relationship of rural land property right, and form the theories of rural land property right, small land use and operation right, land ownership and operation right transfer, when they analyze the agriculture economy relations between capitalism times and the former capitalism periods. Rural land ownership theory mainly contains that land ownership system determines the land property right, the unity and separation of rural land right, land ownership and the derivative rights, the tow possible futures of small land ownership, the rationality of household land operation right. The theory of land ownership and operation right transfer contains that land is a specific commodity, land transfer is the land right transfer, land price and the price of land operation right. In methodology, these theories are instructive for the research of China’s rural land property right issues. Classic western economists and modern economists analyze the links of rural land ownership and the development of agricultural production, household farm with the united right of land ownership and operation and agricultural modernization, property right theory and rural land and agriculture. These ideas are referenced for the research of China’s land property right issues. In order to satisfy the need of the rural land ownership reforms, domestic experts and researchers study and discuss about the issues of rural land collective ownership, household contract operation and operation right transfer and so forth. Their academic opinions are helpful for the research of China’s rural land property right issues.IIIThere were two stages in the rural land system reform of China. The first stage is mainly the reform of rural land ownership system before the“reform and openness”. The second stage is mainly the reform of rural land operation system after the“reform and openness”. From the year of 1953 to 1978, China had been adopting the greatly intensive planed economy. Individual farmer land ownership system is transformed to collective farmer land ownership system through the agricultural cooperation in the early period of planned economy. In the middle and last period of the planned economy, though the people’s commune land system do great harm to the rural economy, the collective land ownership in rural areas is not abolished. By the end of 1978, in the prerequisit of insisting on farmer collective land ownership, rural economic system reform is carried out and the land household contract system is applied, which made rural economy much more marketable. With the development of rural market economy and household contract economy and the announcement of law and rules on rural land, rural land property right is formed. It reflects on farmer collective land ownership, land household contract operation right and operation right transfer. During the reform of rural market orientation, collective land is contracted to farmer household for operation that makes farmer household the commodity producers and users. During the development of farmer household economy, without the change of land contract relationship, land operation right transfer take palace. In this situation, the collective ownership and operation system transform farmer collective ownership of land, land household contract operation system and land contract operation right transfer system. The reflection of farmer collective land ownership on the law is farmer collective land ownership right. The reflection of land household contract operation system on the law is land household contract operation right, and the reflection of land household contract operation transfer system on the law is land household contract operation right. Land management is an administrative power separated from the government public authorities. On behalf of society, national powers should guarantee the rational use of rural land, protect rural eco-system, and achieve the persistent use of rural land, through the management, supervision and adjustment of rural land.IVWith the development of China’s rural socialist market economy, rural land system relationship is basically formed, and the rural land law system with Chinese characteristics is also primarily formed. Under this background, rural land property system with Chinese characteristics comes out. The main content of the new type rural land property system contains farmer land ownership, land household contract operation right, household contract operation land transfer right, and rural land administrative right. Rural collective land property right, in some extent, is a form of farmer collective land ownership. The main body is village collective farmers, group of villagers collective farmers, and township collective farmers. The object of farmer collective land ownership is the land used for agricultural activities by the peasants. After land household contract operation system is carried out, land ownership is still subject to the collective, while the peasants have the rights of possession, operation and a part of profits. The final disposal right is still under the collective control, transfer right is the right to transfer the operation right to others. It is the independent form of land disposal right contained in household contract operation right. Administrative right contains the protection right of land ownership, the regulation right of land using and the right of expropriation. The actual conditions of rural land property right are as follows, the public ownership aspect is remained, the main body and the object are basically clear, but there are still ambiguities; Operation right tends to be stable, and the content is constantly strengthened, but there are still defects; The transfer right is confirmed, and its influences gradually spread, but there are still restrains; The administrative right has been set up, and its efficiency is already promoted, but there are still insufficiencies.VChina’s rural land property right system is initiated in the prerequisites of China rural land economy system and land law system. This implies that the construction of China’s rural land property right system is a long process. According to the schedule, rural land property right system will be primarily established by 2010. By 2020, rural land property right system will be basically established. In the coming years, China’s construction of rural property right system will go further. The explicit content is as follows: define farmer collective land property right further, confirm the division of main body and object of farm collective land ownership (the key point is to confirm objective division), achieve the confirmation of land area boundaries and the basic cover of land registration and certification, regulate the duties and obligations of collective peasants; consolidate the operation right further, of which the key is to render peasant the long-term and guarantee operation right, in the condition of the content completeness of land household contract operation right, and respect the usufruct right of peasants; stress the transfer right further, make it clear that it is the right gifted to peasants by law, as it applies to the development of rural economic development, thus the peasants could voluntarily and legally transfer contract land for profits prior to the contract deadline, which should not be interfered, for developing appropriate scale operation; strengthen land administrative right further, of which the key is to enhance the use control right, improve land expropriation right, promote the compensation standard of land expropriation.更多还原