Empirical Analysis Based on Multiple Cases: A Study on Operational Mechanism of Financial Guarantee Using Rural Land Management Rights in China
Jian Hu, Xiujing DongBased on case studies from 35 pilot regions for rural land system reform and employing a grounded theory research method, study explores theoretical framework of the operation mechanism for rural land management rights financial guarantee in China. It reveals underlying logic of how such financial guarantee operates in these pilot regions, thereby further advancing reform of rural land management rights system under the “Separation of Three Rights” policy. Study finds that operation mechanism comprises six primary categories: guarantee subjects, guarantee objects, guarantee patterns, guarantee establishment, guarantee effectiveness, and guarantee enforcement. Together, these form a dynamic evolutionary mechanism spanning stages from contract negotiation to agreement establishment to maintenance effectiveness to guarantee enforcement phase. Specifically, guarantee subjects serve as driving force behind operation mechanism, present throughout entire process; guarantee objects serve as foundational medium for mechanism’s operation, defining expression scope of guarantee effectiveness; guarantee patterns represent practical pathway for mechanism’s operation, achieving value conversion of guarantee objects through diverse patterns; guarantee establishment constitutes initial procedure for mechanism’s operation, exhibiting a three-stage structure of “formal establishment - substantive effectiveness - reinforcement effectiveness”; guarantee effectiveness is primary goal for mechanism’s operation, manifested as a priority right to receive settlement; guarantee enforcement is ultimate goal for mechanism’s operation, marking final conversion of property rights into tangible benefits. To promote effective operation of guarantee mechanism, it is necessary to clarify boundaries of rights and responsibilities of guarantee subjects and promote a model of collaborative participation by multiple parties; refine scope of property constituting guarantee objects and improve land rights valuation system; develop diverse models of guarantee practices tailored to local conditions and establish differentiated shared risk mechanisms; standardize procedural requirements for guarantee establishment and optimize procedures for registration and confirmation of land rights; clarify expression scope of guarantee effectiveness and establish rules for order of priority in exercising those rights; and ensure unimpeded channels for guarantee rights enforcement to guarantee a complete closed-loop operation of guarantee mechanism.