Philosophical thinking on the property right of Farmers' Land

Land holding property right is a kind of structural right that peasants, as the main body of market economy, legally bear, use income and dispose of collectively-owned land within a certain period of time in a certain way. It has many functions, such as clear boundary, incentive constraint and optimization of resource allocation. The establishment of farmers 'land ownership means that the boundary between their main body and non-main body's rights, responsibilities and interests has been clarified, and the qualification of market main body has been obtained, which makes farmers, the main body of land ownership, generate the internal motive force to pursue their own interests by using their rights, and forms the restraint mechanism of interest distribution and risk responsibility internalization, thus laying a foundation for the production of land product diversity and the exchange of commodity diversity. Also makes the farmer land holds the property right itself to become the certain exchange object under the certain rule.

Farmer Land Ownership System

The structure of peasants 'land holding property rights refers to the sum of all elements of the external constitution system and internal power structure of land holding property rights. The power of peasants 'land ownership is not the power structure of single ownership at the static property ownership level under the simple commodity economy condition, that is, the structure of possession power, use power, income power and disposition power of traditional property ownership, nor is it the structure of product right, the subsidiary right of administrative power under the planned economy condition. It is a complex right relation structure as the economic operation level under the condition of modern market economy. From the external structure, farmers 'land ownership is based on community farmers' collective land ownership, on the premise of transferring and ultimately retaining community farmers 'collective land ownership for a certain period of time, on the carrier of collective land ownership's legal use power, on the economic goal of income distribution power, on the means of circulation power, and on the guarantee of internal autonomy power, which is a new structural property right relationship system. Peasant collective land tenure is the highest right enjoyed by community farmers collectively on land, which will not be lost due to the separation and transfer of possession power, use power, income power and limited circulation right of ownership, and enjoy the final right of domination, right of sharing income and right of recovery at the expiration of legal period. Supreme power at the ultimate reservation level remains characterized by supreme exclusivity. The authoritativeness, exclusiveness, profitability and domination of peasant collective land tenure determine that the owner's right to share income is no longer the direct bearer of the initial distribution of land products, but the direct bearer of national income redistribution through the collection of land rent, product tax, income tax, value-added tax, turnover tax and inheritance tax by the state, and through the transfer payment by the state. This is beneficial to the unified, standardized and orderly management of land product sharing income, avoiding the inconsistency of its sharing income rules, preventing and correcting multiple and multi-link expropriation and damaging farmers 'interests.

I. Internal power structure of farmers 'land ownership

From the perspective of the internal power structure of farmers 'land ownership, it includes legal bearing, holding and utilizing power, income distribution power, circulation power, internal autonomy power and so on. It is a bundle of property rights based on the partial alienation of farmers 'collective land ownership and legal inheritance. The completeness of the four power structures is a sign to measure whether the power structure is complete and whether its functions are perfect. Farmers can only enter the market with the qualification of independent market subject according to certain rules, and obtain the land ownership right for a longer period of time on the basis of legally accepting collective land ownership and state-owned land use right, in the name of independent market subject rather than natural person.(Small farmers or contractors) will fully exercise the right to hold (control) use, income distribution, limited circulation and internal autonomy, etc., in order to adapt to the ever-changing competition in the market, to make full use of land assets for a certain period of time to survive and develop in the face of the harsh survival of the fittest law, to promote the improvement of land productivity, labor productivity and investment return rate, and to promote the maintenance and appreciation of land capital. Minimize the cost and risk of landowners and landholders, and maximize the revenue sharing.

Its four basic functions are expressed in:

(1) From the perspective of legally bearing the right to hold and utilize, it is the leading and carrier right to inherit, acquire and hold and utilize the collectively owned land of farmers. It is based on the premise of the separation and transfer of the possession and utilization power of the collective land owned by farmers for a certain period of time, the necessary effective condition of the possession and utilization power of the specific land obtained by law, and the external manifestation of the effective scope of the right bundle with the limitation characteristics of a certain period of time.

(2) From the perspective of land income distribution rights, this is the economic goal pursued by farmers 'land ownership (control rights). The income distribution right of peasants 'land ownership has the functions of "incentive-restraint","cost-income" and "externality-internalization". Its revenue-distribution right is essentially a kind of income sharing of land products and their related income by the same country and land owners (owners).

(3) From the perspective of circulation power, farmers 'land ownership has relatively exclusive independence to farmers' collective land tenure within a certain period of time, and non-legal term and legal reasons are not deprived or transferred without compensation. This kind of relative exclusivity provides the premise and foundation for the transaction circulation of peasants 'land ownership.

(4) From the perspective of internal autonomy, it is based on the transfer of part of the power of farmers 'collective land ownership for a certain period of time, and is derived from the rights borne and held by farmers according to law. It is the internal governance right organically linked with farmers' land ownership, also known as the "regulator" and "safety gate" of the operation of land ownership structure.

Farmers 'expectation analysis of production, investment, exchange, distribution and consumption costs generally contains the prediction of uncertain variables in natural risks, transaction risks and investment risks, and relies on their own or other people's established experience, knowledge, technology and ability to reduce the costs of production, investment, exchange, distribution and consumption, avoid risks, maximize expected returns as much as possible, and eliminate excessive disturbance of external administrative power. The "cost-benefit" expressed by the internal autonomy itself has the dual effect of self-supervision and anti-interference or law restriction to avoid interference. It is only under the compulsion of the state's public right rules that the marginal effect of this "heteronomy constraint" is diminishing.

To sum up, the external structure of farmers 'land ownership is based on the separation and transfer of farmers' collective land tenure rights, and is composed of four levels of rights: farmers 'right to use, income distribution, circulation and internal autonomy. This kind of peasant land ownership structure system, which is based on the transfer of peasant collective land ownership for a certain period of time and the separation and unification of four rights, namely, the right to use, the right to distribute income, the right to circulate and the right to internal autonomy, has the characteristics of scientific allocation and balance of modern land rights. This land capital, which is based on the socialist mode of production and presupposes the public ownership of the means of production such as land, has here taken the form of peasant ownership and utilization directly, and has been separated from peasant collective land ownership for a certain period of time according to certain laws. This is a positive abandonment of the traditional mode of utilization or allocation of land resources or land capital within the scope of the socialist mode of production itself. It is a new exploration that the externality of traditional land property right system is created through the internalization of farmers 'land use and ownership right system under the condition of fierce competition between domestic market and international market. Its nature is the innovation of public ownership of land means of production and its realization form of public property rights within the scope of socialist mode of production with Chinese characteristics, and it is a new method and way of optimizing the allocation of land resources.