乡村振兴与农村土地制度改革

我国正处于城乡中国的发展阶段,社会经济面临着转型升级的持续变迁,农业和乡村发展面临的环境条件发生了实质性变化,本文重点探讨如何通过农村土地制度创新以促进乡村振兴。研究结果表明,我国社会经济发展所处的特殊时代背景决定了我国乡村振兴的路径选择必须从乡村内部出发,寻找撬动实现乡村振兴的支点。要围绕"实权"与"流动"两个维度深化农村土地制度改革,为乡村振兴提供土地制度保障。"实权"是要将农地产权落到实处,相关的法律法规条文要明确农地各项产权权能的内含、外延,要把农地产权落实到具体的权利主体身上。"流动"是要在保证粮食安全和国家安全的前提下,在土地利用空间规划的管控下,实现土地资源的自由市场流动。     

小农户的集体行动逻辑

"大国小农"是中国的基本国情农情,对我国农村集体行动进而乡村治理的成败具有决定性影响。本文以我国小农户的特征为切入点,利用制度分析与发展框架,剖析小农户参与农村集体行动的逻辑,揭示我国小农户的特征和对农村集体行动的作用机理,并在此基础上展望未来我国小农户参与农村集体行动的趋势。总体而言,小农户的诸多特征不利于我国农村集体行动的开展,尤其是自20世纪80年代家庭联产承包责任制确立以来,人均资源禀赋不足、耕地细碎化严重、农户持续分化等小农户特征,是导致我国农村集体行动衰败的重要原因。长远来看,土地流转、农业生产经营方式创新和农户收入提高等因素将有助于扭转我国农村集体行动的衰败,为乡村振兴战略的实施提供新的契机。     

Collective action in China’s recent collective forestry property rights reform

China’s recent collective forestry property rights reform (CFPRR) is regarded as the third Land Reform and has been implemented to accelerate China’s rural restructuring. In departing from previous top-down policy changes, the CFPRR has focused on local collective practices and actions. It indicates a shift in China’s rural governance, away from direct intervention towards support for local collective actions. Based on a case study of Hongtian Village, the origin of the CFPRR, this article analyses the process of insinuating collective action and the impact that this has had in creating a new cultural understanding and acceptance of collective forestry property rights. In contrast to the relative insecurity of tenure that can accompany many reforms of the governance of common pool resources, the paper suggests that the success of the ‘Hongtian model’ mainly lies in high levels of process engagement by local people and effective interaction between villagers and the government. While not addressing all the issues associated with the inefficiency of the previous collective approach to forestry, the paper suggests that there are many transferable lessons to be learnt from the CFPRR, both within and beyond China.     

Economic development and farmland protection: An assessment of rewarded land conversion quotas trading in Zhejiang,China

Facing a substantial loss of farmland in the reform era, the Chinese central government established a highly centralized land management system in 1998 to guarantee its capacity to meet the domestic food needs. In order to maintain high-speed economic growth, local governments in China made great efforts to circumvent the stringent constraint on land use by launching various innovative land management schemes, among which Zhejiang's rewarded land conversion quotas (RLCQ) trading scheme, a program similar to the transfer of development rights (TDR) in Western countries, has attracted a lot of policy and scholarly attention. In this research, we first provide an overview of China's farmland protection policy and the RLCQ trading scheme in Zhejiang Province. Then, using the system GMM estimator for economic growth models and a panel dataset of 69 local jurisdictions in Zhejiang Province covering the period of 1989–2008, we assess the impacts of RLCQ trading on local economic growth. The empirical results corroborate our hypotheses that participation in land quota trading in general led to faster local economic growth, and that the trading had a stronger and more lasting impact on the economic growth of the quota buyers than on that of the sellers. The analysis suggests that in order to balance the competing goals of economic development and farmland protection, market-based land management tools have a good potential for further development in China and other countries confronting similar challenges.     

粮食危机与农业生产方式——粮食生产中的集体化、资本化与合作化

探讨粮食安全,不应只关注耕地、劳动力的投入不足,还应关注农业生产方式。乡村工业化的集体模式被彻底否定,中西部工业化终结;农村青壮年劳动力跨区域务工,无法兼顾农业;耕地的集体所有权受到县以上地方政府的侵蚀,耕地流失;集体经济的衰落导致投入粮食生产的劳动力和耕地不足;大资本兼并土地。这些都导致了粮食安全问题。农业雇工只能获得劳动报酬,低于工业雇工的劳动报酬,从而出现农业雇工荒;资本看中的是土地的非农用途,致使耕地流失更迅速,而组建合作社才是正确的途径。合作社既可以有效地避免耕地非农化使用,又可以有效地调动农业劳动者的积极性。     

农地确权、差序格局与新型城镇化

农地流转的差序格局化特征会怎样影响我国新型城镇化进程?本文以农地制度改革为着眼点,利用2015年CHFS微观数据,将农地确权、农地流转差序格局与新型城镇化三者置于同一框架下进行系统性分析。研究发现,农地确权与农地流转的亲缘化特征显著促进农业转移人口城镇化。进一步检验作用机制发现,二者在促进农业转移人口城镇化作用方面并行不悖,农村内部整合型社会资本能够弥补正式制度不足带来的农地产权风险。因此,本文认为应着力提升农地确权政策的执行效果,在构建起高效、合理、规范的农地流转制度的同时,促进农户间相互合作,加大力度培育以农户为主体的新型农业经营项目,平稳推进新型城镇化,实现城乡融合发展。     

Implications of land-use change in rural China: A case study of Yucheng,Shandong province

Based on surveys on rural land-use change at village scale in Yucheng City, Shandong province, this paper presents how land-use change takes place in response to inhibitive institutional forces in light of an outmoded land ownership system and unreasonable land use rights administration, and discusses it in the broader social context of industrialization, rural depopulation, a dual-track land market, and land use legislation. Spatial comparison of land use maps interpreted from aerial photographs in different period unveils a decrease in arable land for farming, and an increase in rural settlements, facilities land and unused land. Despite rural depopulation, rural settlements area nearly tripled during 1967–2008. Nearly all newly gained non-agricultural land originated from farmland at the village fringe while formerly facilities land and unused land had been converted to residential use and it was abandoned later. Thus, the destructive farmland conversion from productive use to non-agricultural uses took place at multiple stages. Questionnaire survey of 1650 households in 48 villages in Yucheng City indicated that 41% of the households had multiple dwellings, even though some of them are not occupied or even ruined. This finding may damp the rosy picture of the reportedly slowdown in China's farmland reduction in recent years as these destructive changes are too small to detect from satellite imagery, and it will also provide a practical scientific basis for constituting more strict farmland protection objectives and strategies for China in the near future. In order to hold back the destructive conversion trend from farmland to non-agricultural uses, the authors argue that policy and institution innovation concerning land use and urban–rural development in China needs feature highly in the government's agenda.     

An evaluation of contemporary China’s land use policy – The Link Policy: A case study from Ezhou,Hubei Province

Economic reform in China has resulted in rapid urbanisation over the past three decades, changing the urban and rural landscape dramatically. A large amount of farmland was developed, leading to conflict between construction demand and farmland protection. In response, the “Link Policy” was proposed in 2005 that seeks to concurrently preserve farmland while providing for urban expansion through land exchange. The effectiveness of the Link Policy has not been systematically investigated. The purpose of this study is to analyse and evaluate outcomes of the Link Policy objectives from both a participant and investigator’s interpretive perspective. Ezhou, the first experimental city to implement the Link Policy in Hubei Province in central China, was selected as a case study area. Eight different communities in Ezhou were visited and 160 semi-structured interviews were conducted with resettled rural residents in March 2016. A combination of interviews and investigator field observations were used to evaluate the Link Policy objectives. The results show that participants recognize and support improving rural living conditions and coordinating urban-rural development, but the Link Policy failed to achieve the objectives of preserving farmland, protecting farmers’ land use rights and interests, and facilitating agricultural production. Participants perceived concentrated resettlement communities to be more efficient in land use compared to more expansive rural settlements, but vacant apartments for commercial use in resettlement areas account for a large proportion of land suggesting inefficiency in the land exchanges. We suggest policy changes to achieve more successful implementation of the Link Policy.     

Rural land system reforms in China: History,issues, measures and prospects

Land system reform (LSR) helps to protect farmers' rights and interests and national food security. China is a country dominated by agriculture but insufficient arable land resources. The contradiction between man and land is prominent. To alleviate the man-land contradiction, the Chinese government has carried out a series of LSRs, especially in the past half century. Extensive and in-depth studies have been done on the process and stage characteristics of China's LSRs, but the systematic analysis on the necessity, problems and key measures to deepen the land system reform is still insufficient. Based on a systematic review of the history of the evolution of China's LSRs, this study firstly analyzed the key issues and new challenges existing in or arising from China's land system, then put forward the necessity of deepening the reform of land system, and discussed specific measures taken to deepen the reform of land system in China at present and finally pointed out the future LSR’s direction. The results show that China's rural LSR has gone through five stages in general since 1949. The key problems existing or arising from the current land system in China include unclear subject of land property right, serious inefficient utilization of land resources, rapid farmland conversion and conflict between farmers’ interests and land system. The dual land system in urban and rural areas has severely restricted the integration of social and economic development in this country. The Chinese government is actively promoting the reforms of rural agricultural land, collective operating construction land and homestead to further remove the dual institutional barriers that hinder the establishment of an integrated land trading market. The vision is good, but there is still a long way to go for China's LSR. The direction of China's rural LSR is to make the property rights relationship clearer, the farmland rights more complete, the transfer transactions more market-oriented and the property rights’ protection more equal. Deepening the rural LSRs is helpful to improve the efficiency of land resource utilization, safeguard the rights and interests of farmers, promote the coordination of human-land relationship, and inject new vitality and momentum into rural revitalization. Cooperative promotion of land resource capitalization reform and household registration system reform is the key area of land system reform in China in the future.     

农村集体产权结构开放性的历史演变与未来走向

[目的]改革开放40年来,为适应人口流动性提高、改进资源配置的需要,农村各类集体资产的产权结构发生了较大变化,但变化的方向和程度并不一致。面向未来,为促进乡村振兴,应重构农用地、集体经营性建设用地和集体非土地经营性资产等农村集体产权的权利结构,允许部分权能跨村流转和配置,提高乡村资源配置效率。[方法]在系统梳理文献、借鉴地方实践经验的基础上,阐述了农用地产权结构、集体经营性建设用地产权结构、集体非土地经营性资产产权结构开放性的历史演变与未来走向。[结果]随着农户的逐步分化,应以促进流转集中、扩大经营规模为目标,进一步扩大农用地产权结构的开放性;随着城乡统一的建设用地市场的发展,应以提高配置效率为目标,进一步扩大集体经营性建设用地产权结构的开放性;随着集体经济组织成员收入的多元化,应逐步扩大集体非土地经营性资产产权结构的开放性。[结论]必须在坚持农村集体所有制的前提下,逐步重构农村集体产权的权利结构,让稀缺的农用地不因集体经济组织成员的进城而荒芜,让进村创业和生活的非本集体经济组织成员能够获得必要的土地要素和居住空间,让村庄和集体资产治理结构能够更有效率。     

LADM-based profile for farmland Tripartite Entitlement System in China

Since the beginning of the 21st century, China has undergone a promotion of industrialisation, urbanisation and agricultural modernisation. This promotion has triggered the mass migration of rural labour forces into cities, leading to the virtual situation of the separation of farmland contract and operation rights. To respond to this issue, the central government proposed a strategy of farmland reform in China. Such reform aims to transform the former ‘Bipartite Entitlement System’ into a ‘Tripartite Entitlement System (TES)’.¹ Land registration provides the means for recognising formalised property rights and regulating the characteristics and transfer of land-related rights. As for farmland registration in China, it serves as a basis to explore effective forms of collective farmland ownership by implementing collective farmland ownership, stabilising farmers’ contract rights and liberalising farmland operation rights. Thus, in this study, on the basis of the farmland tripartite entitlement (hereinafter referred to as ‘FTE’) reform in China, we develop a Land Administration Domain Model (LADM)-based TES model that will serve as the basis of subsequent system development. Specifically, first, we summarise the evolution process of China’s farmland rights system since the foundation of new China. Second, we propose a farmland rights system after the FTE reform. Then, the corresponding TES model is developed based on the LADM standard and some instance-level diagrams for farmland administration activities. The new functionality of the model includes improved structuring of farmland rights and restrictions (and related source documents) and improved expansion of the land information infrastructure to rural areas.     

规则流变视角下农村基层治水体系建设——以福建省永春县农田水利设施管护改革为例

实施乡村振兴战略以来,各级政府对农村水利的投入不断增加,然而"政府管不到、集体管不好、市场管不了"的现象仍然存在,跨村水利管护机制缺失、基层治水规则与秩序失范问题亟待解决。本文以福建永春县吾峰镇农田水利设施管护改革为例,分析基层村镇场域中治水规则的建立与变革,从边界、身份、选择等7项规则入手剖析其对基层治水有效性的作用机制。研究发现,治水规则深刻影响了吾峰镇水利管护的行动情境:边界规则突破了原有以行政边界划定的资源治理边界,并鼓励企业等新行动主体进入;身份规则、选择规则明晰了管护主体的合约关系,确定了权责监督机制;偿付规则实现了良好的激励作用;信息规则推进了基层治水的公开、透明化运营;聚合规则创新了基层民主的可实现形式;范围规则通过试点选择创造了政策空间。在7项基层治水规则的共同作用下,吾峰镇农田水利设施管护改革摆脱了管护主体缺失困境和跨域治水合作困境,实现了治水行为的规范有序和管护绩效的稳步快速提升,促进了农村基层治水能力的现代化建设。     

Power,capital, and the poverty of farmers’ land rights in China

This article is intended to conduct a three-dimensional examination of China’s rural land rights and the complex dynamic among political power, economic capital, and farmers’ rights during the past seventy years. First, the study takes a close look at the historical changes in the nature, scope, and ownership of land property in rural China during four significant time periods from 1949 to 2019. Second, it uses Ronald Coase’s theory on property rights in dissecting the four paradoxes and dilemmas in China’s rural land ownership, including the extent of clarity and stability of land property rights, the “three rights system” (the rights to ownership, contracting and operation of land) and three stagnations in defining and exercising such three rights, the simultaneous shortage and waste of land resources, as well as the restrictions on land transactions and the requirement to protect collective property. With examples derived from selected evidence, the article documents how both political power and economic capital have worked together to deprive farmers’ land rights. It concludes with a critical analysis of the current status of China’s rural economy, the problem of applying Western economic theories to China’s reality, as well as the theoretical definition, legal protection and policy parameters of land property rights in China.     

Patterns of revenue distribution in rural residential land consolidation in contemporary China: The perspective of property rights delineation

Rural residential land consolidation (RRLC) in contemporary China refers to activities related to the replanning and reallocation of rural residential land to construct new rural residences, to increase land-use efficiency and to improve rural amenities in the context of rural revitalization. The objective of this study is to elucidate the patterns of revenue distribution in RRLC by addressing the following questions. Given incomplete and ambiguous formal rules in China, how can rural land property rights be delineated to distribute and coordinate interests among stakeholders in RRLC? Furthermore, what are the factors that determine the delineation of rural land property rights to distribute land revenue? A theoretical framework for the delineation of rural land property rights is developed from the perspectives of the institutional environment, governance and resource allocation. A comparative analysis of two typical cases of RRLC in contemporary China is conducted to support the research hypotheses. This study finds that bargaining power is the fundamental determinant of delineating rural land property rights to distribute revenue in RRLC. Furthermore, intergovernmental competition motivates the local government to fully deploy strong bargaining power, while concerns about social stability provide some constraints. A strong capability for collective action reinforces the bargaining power of rural households. This study provides new insights into the delineation of rural land property rights and subsequent revenue distribution based on distinctive institutional settings and RRLC in China, enriching the theoretical and empirical findings in the property rights school. Policy recommendations on revenue sharing of RRLC are proposed accordingly.     

The living commons of West Tyrol,Austria: Lessons for land policy and land administration

A right of commoners to pastures existed since the Early Middle Ages in Anglo-Saxon England and the European mainland, including Tyrol in Austria. Lowland commons institutions were largely dissolved by the 19th century; however, in the European Alps contiguous commons remain alive. Some two thousand alpine commons institutions are registered in the Tyrolean parcel cadaster and land registry. A specific study of West-Tyrolean commons (known as Agrargemeinschaft or AGMs), framed by Ostrom's design principles is presented. General lessons for land policy and land administration are extracted. An interview period was split between the Inn valley and the Ötztal. Roughly half are considered independent: others are regulated by the Tyrolean Agricultural Authority. Some AGMs hold the full bundle of land rights: others only hold pastoral and forestry rights. AGMs consisted either of a single cadastral parcel or several contiguous parcels. In the Inn valley villages the pastoral commons were owned by the municipalities, while in the researched Ötztal, AGMs are frequently the full owners of the commons. AGM membership ranges between 5 and 60 farm households. The number of livestock units pastured was in most cases stipulated in approved regulations. Alpine commons larger than 200 ha are also hunting-zones: revenue is collected from the lease of hunting rights. Most of the alpine commons are designated and used as ski-zones. Upper portions of two alpine commons in the Ötztal are state protected natural areas. The number of farms with pastoral rights is declining at District and State level. Key lessons for land policy and land administration include: Ostrom's design principles being a precondition rather than a panacea; commons institutions requiring one clear ownership party; both public and collective ownership producing success; publically owned commons requiring a local representative; small membership numbers being preferable; small shareholdings not being preferable; decentralized governance being beneficial; internal democratic elections being beneficial; internal boundary records being superfluous; explicit sanctions being superfluous; mixed economies being acceptable; and geography being a significant influence on the longevity of pastoral commons.     

Forty years of irrigation development and reform in China

This study reviews 40 years of irrigation development in China including the transformation of the institutional and incentive structures in irrigation management. After rural reforms in the 1970s, irrigation investments slowed until the late 1990s. In North China, farmers became major investors in groundwater irrigation, leading to property rights’ transfer of tube wells from collective to private ownership. Despite positive effects in cropping patterns, farmer income and development of groundwater markets, privatisation has accelerated groundwater table deterioration. Since the middle of 1990s, Water User Associations have replaced village collective management of surface irrigation. This approach was adopted by most provinces by early 2001 with mixed results; only institutions with water‐saving incentives realised efficient irrigation. The Government is reforming water price policies to provide water‐saving incentives to farmers while not hurting their income. While China has focused on water rights and markets, and despite regulations and pilot projects, full implementation of water rights has been slow. Research reveals greater policy scope for expanding irrigation technologies that generate real water saving to rural areas. Given pressure associated with water scarcity and concern for food security, further effective reforms in irrigation and policy incentives are expected. The Government has also initiated some pilot projects to resolve increasing water scarcity problems through adjusting agricultural production activities.     

南方集体林区林地产权、地理特征与农户林地投入行为

基于现有研究的缺陷和林农投资水平低的现实问题,构建"林权改革、地理特征-农户经济行为-林地投入"的理论分析结构,并以南方集体林区3省1248个农户样本为例,采用Double-Hurdle回归模型从微观层面检验林地产权、地理特征对农户林地资金投入和劳动力投入的影响。研究表明:安全、稳定的林地产权能够促进农户对林地的资金与劳动力投入,优越的地理条件(灌溉、地形)能够促进农户对林地的资金与劳动力投入,不便利的交通条件抑制农户对林地的投入。因此,建议重视保障林业经营者林地权利的安全性与稳定性,提高确权发证水平;加强集体林区林业基础设施建设,完善林业市场体制机制。     

农村集体土地所有权的实现困境与对策研究

研究目的:分析中国农村集体土地所有权实现困境,探索从困境中解脱的出路,为农村集体土地产权制度收革提供政策建议。研究方法:文献资料法和定性分析方法、研究结果:实现农村集体土地所有权的关键在于是否赋予集体完全的处分权和收益权,集体土地所有者是否具有土地发展权,土地收益在三级所有者之间以及集体和农民之间能否实现合理分配,集体土地资产能否合理管理等。研究结论:通过编制集体才地利用综合开发规划赋予农村集体用地自主权;改革上地税费制度,上地收益在不同利益主体间合理分配;在规划管控、用途管制机制下推进和规范农村集体建设用地流转;健全集体经济组织民主管理制度,加强集体资产监督管理     

嵌入视野下农业规模经营的实践机理——基于汨罗市C村“千亩大户”的个案分析

在快速城镇化背景下,农业规模经营成为实现我国农业现代化的重要途径。本文从农地流转、劳资利用、农业服务和政府补贴四个角度分析"千亩大户"实现农业规模经营并保持稳定收益的实践逻辑。内生性农业规模经营主体通过集体嵌入、社会嵌入、市场嵌入及行政嵌入突破农业规模经营的多重困境,一是基于集体所有制的中介机制实现低成本的农地规模流转;二是基于熟人社会的人情机制维系道义化的劳资利用关系;三是基于自由市场的竞争机制生成互补性的农业服务共营体系;四是基于政策干预的补贴机制建立一种风险与收益低度平衡的盈利模式。嵌入视野下农地规模经营的实践机理对理解我国规模农业发展的支撑体系具有现实意义。     

中国农村改革的未来方向

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