农地权利不断分割与合约再议定是集体所有制建立以来的基本特征。集体所有制下农地所有权、产权与经营制度经历了四个阶段的演化:“一大二公、人民公社”体制通过政社合一弱化土地产权和实施统一经营,实现了集体土地所有权、产权与经营权的高度统一;“三级所有、队为基础”体制落实生产队所有权、扩大生产队产权自主性,实施以生产队为单位的统一经营;“集体所有、家庭承包”体制变革为成员集体所有权,赋予农户承包地剩余权,家庭经营成为农业经营主要形式;后包产到户时期进一步改革成员集体所有权,强化农户承包权权能,农户承包经营权实现承包权与经营权的自发分离。农地“三权分置”是继集体所有、家庭承包制改革后对中国农地权利结构的顶层制度设计,旨在不改变集体所有制性质的前提下实现农户承包权与耕作者经营权分离的法定和对承包权与经营权实行依法平等保护。崇州、松江、湄潭、六盘水四个案例表明,真实世界的地权变革发生了集体所有权、成员承包权与经营主体经营权的权利重构,预示着未来农地权利结构演进的复杂性。
The continuous separation of farmland rights and the recontraction of contracts are the basic characteristics of the collective ownership system. The ownership, property rights of farmland and agricultural management systems under collective ownership system have undergone four stages of evolution: the peoples commune system with the characteristic of “Yi Da Er Gong”(large in size and collective in nature) has weakened land property rights and implemented unified management through the integration of government administration and economic management, thereby realizing the integration of collective land ownership, property rights and management rights. The peoples commune system with the characteristic of “San Ji Suo You, Dui Wei Ji Chu”(threelevel ownership by the commune, the production brigade and the production team, with the production team as the basic accounting unit) actualized the ownership of the production team and expanded the autonomy of the production team, aiming to achieve the unified management based on the production team. The system of “Ji Ti Suo You, Jia Ting Cheng Bao” (Collective Ownership, Operation by Households) was changed into collective ownership with membership rights. Farmers obtained the right to use and receive income on contracted land. Family management became the major economic system of agriculture. After the period of “Bao Chan Dao Hu”(farm output quotas for household), the reform of the collective ownership with membership rights has been deepen. Farmers acquired more property right of contracting right. Contractual management rights were separated into contracting rights and management rights spontaneously. The “ThreeRight Separation” of Farmland following the reform of “Collective ownership, Operation by Households” is a toplevel system design for Chinas farmland rights structure. This system design intends to realize the legalization of the separation of farmers contracting rights and tillers management rights under collective ownership system. The contracting right and management rights shall be protected equally by law. The four cases in Chongzhou, Songjiang, Meitan and Liupanshui respectively show that changes of land rights in reality has undergone reconfiguration of rights in terms of collective ownership, contracting rights of collective members and management rights of operating entities, which indicates the complexity of future evolution of farmland rights structure.