从制度创新理论看集体土地产权制度建设

研究目的:以制度创新的理论为基础分析中国集体土地产权制度创新的切入点、路径、动力所在及关键点.研究方法:文献资料法和比较分析法.研究结论:集体土地产权制度创新应该重点放在对土地使用权的调整和完善上;以土地承包制度的改善为基本切入点;以增强集体土地的要素作用、促进集体土地产权流动为基本目的;其关键点在于区分和完善集体土地所有权和使用权.

Study on Institutional Innovation of Property Right System of Collective-owned Land

The purpose of this paper is to explore method and key points as well as motivations of collective-owned land right reform in China on the basis of theory of institutional innovation. Methods of documentation and comparison were employed. The results indicated the highlights of innovation of collective-owned land property right. Firstly, much attention shall be paid to the adjustment and improvement of existing system of collective-owned land use right. Secondly, the improvement of the rural land contracting system shall serve as the basis. Thirdly, the fundamental goal is to strengthen the role of collective-owned land as essential element and to enhance the transfer of its property right. Finally, the key is to differentiate and improve the right to the use of collective-owned land and its ownership.