我国农地制度“被建构”与“被执行”的冲突——以土地承包经营权流转为例

China's Rural Land Property System Conflicts Between Being Constructed and Being Executed:Taking Land Contractual Management Right Transfer as Case

依托新制度经济学制度分层与制度结构理论,充分吸纳社会学研究农地权利配置所用的主体行动者、社会规范、社会结构理论,提出我国农村存在"被建构"的农地制度和"被执行"的农地制度,进而研究农地制度被建构、被执行的路径、原则,分析被建构制度与被执行制度的关系、两者规则的碰撞。采用在多个观测点长达2年对土地承包经营权流转的调研案例及访谈实录,描述农地制度被建构与被执行的冲突,分析导致冲突的原因。尝试跨学科融合研究,既关注供给侧被建构的制度,又注重现实需求中被执行制度的实施与绩效。

Based on the system layered theory and system structure in new institutional economics,and drawing on theories of main actors,social norms and social structure used in the sociological study on land property configuration,this paper put forward the land property system being constructed and being executed existing in rural China. The paths and rules of land property system being constructed and being executed were studied respectively. The relationship and rules' collision were also analyzed. The methodology of field research,case analysis and interviews in a number of areas in China about land transfer being used,conflicts between being constructed and being executed of land property system were described. Multiple causes of the conflicts were explored. Objectives of this paper are to promote not only focusing on the supply system,but also paying attention to the implementation and performance of the system.