On the significance of the Circulation of Rural Land Management right in China

The most important feature of China's current rural land system is the non-economic principle of the primary market (that is, the rural land contract market) and the lagging development of the secondary market (the transfer market of land use rights or management rights). In the primary market, a remarkable feature of the current household land contract management system is the implementation of the "land sharing system". The land is evenly distributed within the rural collective economic organizations according to the head of the population. Members of collective economic organizations have the same area of land on each grade of land, so each household's average cultivated land area of only a few mu is often divided into several or even dozens of small plots of land. According to China's historical experience, land is not only a commodity but also a guarantee for farmers' livelihood. If we do not have the ability to provide other living security measures for farmers, we should not put too much emphasis on the commodity nature of land. In the case that the social security system has not yet covered the rural areas, this kind of land household contract management system characterized by the "land sharing system" actually has the nature of the social security system. Under this system, the principle of fairness is the first, and the principle of efficiency is secondary. To a large extent, land resources are regarded as a kind of social security data distributed according to the average population rather than a factor of production allocated according to efficiency. In the secondary market, due to the level of economic development, related systems and other reasons, there are still many problems in the circulation of rural land use rights, such as small scale, poor performance, non-standard and so on. The so-called land circulation refers to the separation of the right of operation (use) of land from the right of contract under the premise of stabilizing the contracting relationship, which can be dealt with by means of assignment, transfer, foreign contracting, foreign subcontracting, joint venture cooperation and so on. Its core is "separation of rights, autonomy and voluntariness, market contract and government supervision". The so-called "separation of the three rights" refers to the separation of land ownership, contracting rights and management rights. Land ownership still belongs to the rural collective and does not transfer, and only the land management right with relatively independent legal status enters the market. and through the circulation and optimal allocation of land management rights in the market to improve the efficiency of the allocation of land resources and the comparative efficiency of agriculture, increase the income of farmers, and promote agricultural modernization and rural industrialization and urbanization. Overcome all kinds of drawbacks related to the current household land contract management system. This overcoming is the improvement of the current household land contract management system. Therefore, in view of the above disadvantages of the current land system, the measure of land use right transfer is an adjustment of the current land household contract management system and a revision of the current land system. in order to meet the needs of agricultural and rural economic development in the new period. Its great practical significance is reflected in the following aspects:

I. the circulation of the management right of agricultural land is the consolidation and perfection of the household contract management system of land.

From a legal point of view, only when a certain right owned by the market subject is clearly defined by the law, can this right have the premise of entering the market for exchange, and the right of rural land management is no exception. Although the household land contract management system separates the ownership of agricultural land from the right of contracted management, and stipulates that the contracted land shall not be arbitrarily adjusted during the contract period, due to the lack of a clear legal basis and other reasons, according to a sample survey, the land was adjusted 3.1 times on average during the first round of contract period. The land, which is the carrier of the land contractual management right, has changed 3.1 times accordingly, which means that the land contractual management right owned by farmers is actually uncertain. The prerequisite for the land management right to circulate in the factor market and realize the optimal allocation through the market mechanism is to eliminate this uncertainty, that is, the ownership, contract right and management (use) right of land must be clearly defined in law. and legally guarantee its stability during the contract period. Only in this way can farmers trade this legal right in the market. The "third agrarian revolution" with the construction of the circulation system of rural land management rights as the core is based on consolidating the achievements of the "second agrarian revolution" with the household land contract management system as the main content. that is to say, in order to carry out the "third agrarian revolution", we must first clarify and consolidate the achievements of the "second agrarian revolution" in the legal system (that is, the formal system). From this, it is not difficult to draw a conclusion: the construction of the circulation system of rural land management rights is conducive to the institutional consolidation of the household land contract management system.

II. The transfer of agricultural land management rights helps to improve the efficiency of the allocation of land resources.

In the past 20 years after China's reform and opening up, great changes have taken place in the social and economic environment. On the one hand, with the development of rural non-agricultural industries in the developed eastern coastal areas, there is a general emergence of semi-self-sufficient small-scale land management of farmers. A considerable proportion of farmers have been transferred to non-agricultural industries, resulting in the abandonment of land, decentralized use, narrow management scale and other phenomena, resulting in a huge loss of efficiency in the allocation of resources. On the other hand, in the areas with slow economic development and low level of development, especially in the central and western regions, due to the lagging development of rural non-agricultural industries, the transfer of farmers to non-agricultural industries is not smooth. On the other hand, the operation on scattered and small-scale land can not realize the farmers' desire to become rich, and a large number of rural workers go out to work, which leads to the abandonment of land and other phenomena. It has also caused a huge loss of efficiency in the allocation of land resources. Thus it can be seen that the current land household contract management system can no longer meet the needs of agricultural and rural economic development, whether in the developed eastern coastal areas of our country, or in the central and western regions with a low level of economic development. it is reflected in the various disadvantages of the allocation of land resources. In order to allocate land resources according to the principle of benefit, change the existing scattered, narrow and inefficient land use pattern, create a land concentration mechanism, and thus carry out large-scale operation, this constitutes the institutional demand for the land transfer system.

III. The transfer of agricultural land management rights is conducive to the increase of farmers' income.

The increase in farmers' income can be reflected not only in the increase in the income of large farmers, but also in the transfer fees obtained from the transfer of land management rights. as well as the increase in farmers' income caused by the considerable wages obtained by the transformation of agricultural labor force into employed agricultural industrial workers, it can also be reflected in the fact that farmers have transferred out of the right of land management, thus weakening the shackles of land on agricultural labor force. It promotes the increase of the income of farmers who work in non-agricultural industries caused by the transfer of agricultural labor to non-agricultural industries. The increase in the income of farmers engaged in benefit agriculture of a moderate scale is easy to understand. The considerable increase in wages obtained by farmers who rely on the transfer of land management rights to obtain land transfer fees and become employed agricultural industrial workers is also exemplified in modern economic life. for example, enterprises such as the super-large group listed in Hong Kong, Zhejiang Yuyao mustard factory and Ye Li winery acquire farmers' land management rights in pieces, as little as 1000 mu or more than 10,000 mu. In addition to paying farmers hundreds of yuan per mu of land management right transfer fees, they also employ a lot of agricultural labor force to engage in agricultural production or work in agricultural products processing plants. So that the total income of the farmers transferred out of the land is much higher than that before the transfer.