Reconstruction of agricultural land property rights:paths and forms
Focusing on the issue of why agricultural land property rights need to be reconstructed after the'separation of two rights'and built on the comparison of two forms of the'separation of two rights,'i.e.,market transaction and free distribution,this paper ana-lyzes the essence,dilemma,and optimization paths of the'separation of three rights'of agricultural land and discusses the possible ul-timate form of agricultural land property rights.The results show that:① The mode of'separation of two rights'determines the transfor-mation paths of land property rights.By comparing the differences concerning the mode of the'separation of two rights'between urban land property rights and agricultural land property rights,the study finds that the'separation of two rights'based on the market mecha-nism needs no further subdivision of property rights,while the'separation of two rights'based on free distribution needs further con-struction of property rights.Therefore,the crux of the'separation of two rights'of agricultural land is not the right structure,but the mode of rights separation.② Although the'separation of three rights'helps to reduce the instability of property rights and solve the closure problem of property right transactions,the'separation of three rights'based on land transfer is faced with the governance dilem-mas of contract instability and multiplicity of the subjects of property rights,which makes it difficult for the land management rights to become property rights with the character of the real right,resulting in incomplete separation between contract rights and management rights.③ Therefore,in the short term or considering locally,the institutional design of the'separation of three rights'needs to adapt to the stage characteristics of an unstable circulation contract and endow transforming land management rights with limited functions.In the long run,complete separation of contracting rights and management rights can be achieved by changing the organization of manage-ment right circulation or the mode of property right transaction.④ As the'separation of two rights'based on free distribution is only the early form of agricultural land property rights,the'separation of three rights'may also be a form of agricultural land property rights at a specific stage.In addition,the form of agricultural land property rights may eventually evolve into the'separation of two rights'based on the market mechanism.One possibility is through the market-oriented reform of land contract rights,which could take a detour to the'separation of two rights'based on free distribution;the other is the separation of land management rights from the collective property right based on the market mechanism directly.
separation of three rightsseparation of two rightsland management rightsland contract rights
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