中国农村土地制度改革理论的评析与反思

改革开放后,中国农地制度形成了产权残缺的制度安排。为了提高农业经济效率,理论界展开了致力于探索中国农村土地制度改革的“所有”与“使用”的理论争论,提出了国有化、私有化、使用权物权化三种改革方案。由于农村土地所具有的福利功能,使得使用权物权化成为主流方案。但是,从本质上看.使用权的物权化不过是私人所有。

A reflection on reform theories of Chinese Land Tenure

After the reform, Chinese Land Tenure system appeared to be incomplete in terms of the property rights. In order to promote the development of agricultural economy, theorists have been attempting to solve the problem of 'ownership'and using rights'of land. They put forward three reform plans; land is owned by the nation; second, land can be owned by private individuals; and thirdly the usufruct is indicated by real right construction. Due to the welfare function of Chinese land, the third choice, the real right construction on right of using is accepted as the most suitable one. But actually the real right construction on right of using equals to the private ownership plan to certain extent.