中國大陸集體土地所有制變革與折股合作之研究

中共在建政前後都曾允許農民私有土地，也曾推動「初級社」，以土地所有權入股分紅，退社自由。經過「高級社」、「人民公社」後，土地產權完全公有化，重挫農民工作積極性。經改以後企圖在農村推行土地承包制來解決問題，卻又產生其他問題，例如土地產權不明等等。為此，在廣東一些地區試行將土地承包權折股合作並且可以分紅，此舉似顯示已將土地所有權歸還農民，農民擁有的股權收益，實質是行使土地所有權能所獲得的所有權收益。農民的土地承包權成為土地金融資產（股票）所有權，進而形成集體擁有土地所有權之外加上農民對承包土地也擁有個人所有權的複合土地所有制形態。

關鍵字

土地所有權；折股合作

並列摘要

Both before and during the early years of the establishment of the Beijing government, the Chinese Communists permitted land ownership by peasants on the Chinese mainland. They also promoted the establishment of elementary agricultural producer cooperatives, encouraging peasants to become shareholders by contributing their land ownership rights. The peasants who joined the cooperatives enjoyed profit distribution in proportion to their shares of land contribution while voluntary withdrawal from and cooperatives was allowed. Later, with the establishment of the advanced agricultural producer cooperatives and the people's communes, all land became publicly owned. The consolidation of public ownership seriously dampened the productive enthusiasm of the peasants. Since the beginning of economic reforms, Beijing has tried to solve the problem by introducing a rural land contract system. However, the new practice produced other problems-such as uncertainty over the property rights of collective land. Some areas in Guangdong Province have therefore introduced on a trial basis a system of cooperation under which land contract rights are converted into shares qualifying the shareholders for proportionate profit distribution. The system seems to have returned land ownership rights to peasants since the income that they receive from their shares is in essence the result of their exercises of land ownership rights. The land contract rights have become land financial assets (share) ownership rights. Thus, a dual land ownership system-collective ownership of land plus ownership by individual peasants of their contracted land-has taken shape.