农地产权演进:完整化、完全化与个人化

An Evolutionary Approach on Farmland Property Rights: Integrality,Completeness and Individualization

基于对农地产权演进脉络的梳理,本文探讨了农村改革以来我国农地产权演进的路径、动力机制、演进趋向和今后产权建构的原则。认为:自改革开放以来,我国农民个人享有的土地权利经历了从无到有、权利期限从短期到长久、产权权能从残缺到趋于完整的不断扩展过程。在对农地产权演进的动力机制从经济、政治以及社会等三个方面予以解构之后,分析了动力变化及其对产权演进的影响,总结了农地产权演进的趋势——产权的完整化和完全化,即农地产权的个人化程度不断提高。然后,本文提出了适合现阶段社会经济发展背景的农地产权建构的原则:"按份共有、有序流转"。最后,以土地股份合作为例,验证了农地产权演进所遵循的产权完整化、完全化与个人化逻辑。

The purpose of this paper is to discuss the pathway and tendency of farmland property rights since rural reform in China with an evolutionary approach, as well as to formulate the principles of restructuring farmland property rights for the future. The results show that from the Reform and Open-up Strategy started in the late 1970s, the farmland property right shared by the individual farmer changed from scratch to being protected, the duration of property right from short term to long term, and its right bundles from incomplete to nearly completeness. We argue that the pathway of property right evolution is heavily influenced by combined effects of three facto~ ; the economic, political and social factors. It leads to the increasing individualization of property rights gradually in last 30 years ; in detail, the property rights of individual farmers on farmland indicate to be integrated and complete with the view of dynamic process of property rights evolution. Accordingly, to establish farmland property right regime which adapts to the economic and social development at current stage, we need to insist the principle： ＂Share-Based Co-ownership and Orderly Transferability＂ within the framework of Collective Ownership.