Abstract

Property right also has positive-externality. The beneficial object of positive-externality of property right is society rather than property owner. The private income of individual economic efforts is separated from social income. The positive-externality of property rights is subject to the use of property rights, economic and social development, and the people’s cognitive ability and cognitive level, and has the characteristics of time difference and historical dynamics. The significant Positive-Externalities of property rights are consistent with the public policy objectives. In order to maximize the realization of the public policy objectives and ensure the scale of production mode with significant Positive-Externalities, the government takes Suppressive-Regulation over related property rights and limits the use of related assets to specific categories or scopes. In order to ensure the level of investment in the production mode of property rights with significant positive-externality, the government adopts Incentive-Regulation over relevant property rights and grants certain economic incentives to the specific use of relevant assets. The positive-externality of property rights not only provides the root of legitimacy for both suppressive property rights regulation and incentive property rights regulation. A single Suppressive-Regulation of property rights may not effectively guarantee the sustainable reproduction of production mode with significant Positive-Externalities, which requires the coordination of incentive property rights regulation. Incentive-Regulation does not necessarily have the effect of promoting the sustainable expansion and reproduction of production mode with significant Positive-Externalities. Legal incentive property right regulations with sufficient benefits can effectively correct the market failure of production mode with significant positive-externality and promote the sustainable extended reproduction of production mode with significant Positive-Externalities. Property right regulation is a public policy tool serving the public policy objectives, but whether the public policy objectives can be achieved depends on the accuracy of the property right regulations, that is, Whether the definition of the object of control as property right Suppressive-Regulation and property right Incentive-Regulation is accurate, whether the regulating intensity is sufficient, and whether the regulating measures conform to the principle of modern rule of law, Neither too abstract nor too concrete.

Highlights

  • The existing literature mostly discusses regulation under the concept and framework of negative externality, which is attributed to the root of inhibitory regulation

  • The research of this paper shows that both the statutory restraining regulation and the statutory Incentive-Regulation are applicable to the economic efforts with Positive-Externalities, and they are indispensable

  • Taking the grain production use of land as an example, the production of grain, which is just needed for people’s livelihood strategy, is a significant positive-externality of the land grain planting use. This positive-externality is rooted in the land grain planting use

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Summary

Introduction

The existing literature mostly discusses regulation under the concept and framework of negative externality, which is attributed to the root of inhibitory regulation. F. Liu ternalities and Incentive-Regulation for Positive-Externalities; Zhang Lixiang and Zhang Xicai (Zhang, 2011) discussed that the industrial links of seedling, processing and sales in the agricultural industrial chain are the key links with greater Positive-Externalities, and advocated that the key point of government regulation should be to improve the industrial policies of these key industrial links. Liu ternalities and Incentive-Regulation for Positive-Externalities; Zhang Lixiang and Zhang Xicai (Zhang, 2011) discussed that the industrial links of seedling, processing and sales in the agricultural industrial chain are the key links with greater Positive-Externalities, and advocated that the key point of government regulation should be to improve the industrial policies of these key industrial links These documents discuss the relationship between positive-externality and Incentive-Regulation, provide the legitimacy support of positive-externality for Incentive-Regulation, and propose the accuracy of Incentive-Regulation. The discussion of the relationship between positive-externality and regulation in the existing literature raises a question for us, that is whether positive-externality has applicable space for Suppressive-Regulation, whether Incentive-Regulation has institutional performance that inevitably promotes positive-externality economic efforts, and whether Suppressive-Regulation and Incentive-Regulation are compatible with each other and serve the same public policy goal together? This paper tries to discuss

Positive-Externality and Property Right Suppressive-Regulation
Positive-Externality and Incentive-Regulation of Property Right
Findings
Conclusion
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