1. Introduction
With the acceleration of urbanization and the development of farmland rental markets, the incidence of farmland rental contract disputes has increased every year and become the main cause of current social conflicts in rural areas [
1,
2]. Farmland disputes are disputes or contradictions that occur in the process of farmland management, farmland transfers, or farmland expropriation and, in rural China, mainly include farmland contract management disputes, farmland rental contract disputes, and farmland expropriation disputes [
1,
3]. In 2017, according to a statistical annual report on rural operation and management, China had a total of 104,000 farmland rental contract disputes, of which 78,000 occurred between practicing farmers (China Rural Magazine, Ministry of Agriculture and Rural Affairs, 2018). Notably, non-standard farmland rental systems or contracts, the substantial growth in agricultural income, and imperfect dispute settlement mechanisms were the main reasons for farmland rental contract disputes [
4]. In the context of China’s Household Responsibility System (HRS), restricting the capacity of agricultural operators and the discriminatory design of laws and regulations resulted in a fuzzy structure of farmland property rights [
5], which increased the incidence of farmland rental contract disputes and weakened the effectiveness of dispute settlement mechanisms.
Some agricultural operators obtained residual claimant rights and on-site control rights by participating in farmland rental markets and using fixed-rent contracts, but the ultimate control rights still belonged to village collectives—an arrangement that was not conducive to stabilizing the expectations of the risks to farmland property rights [
5]. When farmers who participated in farmland rental markets had the ability to foresee all possible states and to stipulate their respective rights and responsibilities in advance, the farmland rental contracts were in the Pareto optimal condition [
6,
7]. Simultaneously, rational farmers who participated in farmland rental markets were encouraged to abide by farmland rental contracts and reduce the possibility of farmland rental contract disputes, which improved the efficiency of farmland rental markets.
However, in the process of economic transformation, the choice of farmland rental contracts was affected by imperfect systems of farmland property rights and by relevant laws and regulations. Moreover, the bounded rationality and opportunistic behaviors for farmers who participated in farmland rental markets resulted in incomplete farmland rental contracts [
6,
7]. The risks to farmland property rights were high and, in practice, the development of farmland rental markets was inhibited. A possible reason was that when the risk of non-agricultural unemployment was unpredictable or when agricultural income increased, farmers who rented out farmland might have been motivated to take back their rented land. However, when the prices of agricultural products were expected to fall, farmers who rented land might be motivated to abandon the rented land. Such situations reduced the stability of farmland rental contracts, which was not conducive to encouraging participation in the farmland rental markets. At the same time, if the relevant legal systems failed, it was usually difficult to obtain reasonable compensation that met necessary standards, which further restricted the development of farmland rental markets. In this paper, we attempt to analyze the influencing mechanisms of farmland rental contract disputes on farmland rental market participation.
Existing literature focused on the status quo and the characteristics, and settlement mechanisms of farmland rental contract disputes. However, the consideration of the influencing mechanisms of farmland rental contract disputes on farmland rental market participation needed to be improved and expanded. Compared with existing studies, the main contributions of this paper are as follows: (1) From a research perspective, the impact of farmland rental contract disputes on farmland rental market participation was analyzed—an analysis that could supplement and improve the existing literature on the relationship between the stability of farmland property rights and farmland transfers; (2) In terms of research content, the influencing mechanisms of farmland rental contract disputes on farmland rental market participation were studied, enriching the research conclusions of the previous literature. Specifically, when the practical risks to farmland property rights were high, farmers participated in farmland rental markets by resorting to the reputation mechanism. In addition, relatives were usually selected as the objects of farmland transfers, which meant that participating in farmland rental markets was a freely pursued decision-making process, based on the actual situation. Meanwhile, obtaining reasonable compensation in the process of solving farmland rental contract disputes significantly enhanced farmland rental market participation and was conducive to reducing market segmentation and market discrimination, but that impact was not significant for the objects of farmland transfers. Moreover, the impact on farmland transfers of the interaction between farmland rental contract disputes and obtaining reasonable compensation was also analyzed.
2. Literature Review
The risks to farmland property rights consist mainly of the degree of clarity in the systems of farmland property rights and the stability of farmland rental contracts [
6]. In theory, a clear structure of farmland property rights helps to reduce the enforcement costs of farmland property rights, and stable farmland rental contracts lower the high risks to farmland property rights in the context of an ambiguous structure of farmland property rights [
6,
8]. The main reason is that a clear structure of farmland property rights is conducive to improving the effectiveness of relevant laws and policy documents and reducing the possibility of opportunistic behaviors by farmers who participate in farmland rental markets, thereby decreasing the transaction costs in signing stable farmland rental contracts. Tian et al. found that frequent farmland adjustments increased the expectations of the risks to farmland property rights and were not conducive to signing written contracts [
9]. However, in the context of an ambiguous structure of farmland property rights, if farmland rental contracts were complete, both parties who participated in farmland rental markets presented their respective rights and responsibilities beforehand, which reduced opportunistic behaviors afterward and improved the expectations of the risks to farmland property rights. Kousar and Abdulai indicated that stable farmland rental contracts were conducive to improving the expectations of the risks to farmland property rights, which could motivate long-term agricultural investment [
10].
In practice, the complexity and uncertainty of the external environment, the bounded rationality, and opportunistic behaviors had caused incomplete farmland rental contracts [
6,
7], and incomplete farmland rental contracts were not conducive to motivating both parties who participated in farmland rental markets to jointly abide by farmland rental contracts, which resulted in high risks to farmland property rights and restricted the development of farmland rental markets. Theoretically, the optimal farmland rental contracts relied on a trade-off between the expected protection of rigid rights and the improvement of ex-post efficiency [
7], which meant that the stability of farmland rental contracts depended on the negotiation ability and the commitment ability for farmers who participated in farmland rental markets and the degree of difficulty in performance assessment [
5]. Hence, the clauses for compensation for violating farmland rental contracts could reduce opportunistic behaviors and the risks of default. Zou et al. demonstrated that high forecast costs and high supervising costs led to asymmetric information for both parties who participated in farmland rental markets, and the penalty clauses for breaching farmland rental contracts were conducive to decreasing the possibility of default and stabilizing the expectations of the risks to farmland property rights [
11].
And the influencing mechanisms of the risks to farmland property rights on farmland transfers were as follows: Firstly, low risks to farmland property rights motivated farmers to engage in agricultural investment and increased the intrinsic value of farmland, which promoted the willingness to participate in farmland rental markets; secondly, low risks to farmland property rights reduced the transaction costs of participating in farmland rental markets, which promoted the development of farmland rental markets [
12,
13]. Yet the two-tier agricultural management systems resulted in an ambiguous structure of farmland property rights and damaged the expectations of the stability of farmland property rights, which hindered the development of farmland rental markets [
14,
15]. Cheng et al. analyzed the impact of the stability of farmland property rights on farmland transfers in rural China and found that stable farmland property rights were conducive to not only increasing the intrinsic value of farmland but also decreasing the transaction costs of participating in farmland rental markets, which enhanced farmland rental market participation [
13].
Notably, in the context of an ambiguous structure of farmland property rights and incomplete farmland rental contracts, reducing the risks to farmland property rights could resort to informal rules such as customs and habits [
16]. A plausible explanation was that, due to associated games and repeated games, the widespread existence of the reputation mechanism improved the expectations of the stability of farmland property rights. Existing studies demonstrated that high risks to farmland property rights caused the scope of farmland transfers to be restricted within relatives and friends, which led to the segmentation of farmland rental markets [
17]. At this time, farmers used the reputation mechanism to select the suitable objects of farmland transfers within the acquaintance society. Due to the fact that, in most cases, a formal rental contract with high transaction costs was not necessary to ensure the smooth operation of farmland rental markets [
18].
In addition, thin farmland rental markets led most farmers to lack experience in directly participating in farmland rental markets, but within the acquaintance society, farmers who intended to participate in farmland rental markets could refer to the behaviors of other farmers who participated in farmland rental markets. Chen et al. analyzed the relationship between social capital and farmland transfers and indicated that social capital enhanced significantly farmland transfers by reducing the transaction costs of farmland transfers [
19]. In other words, when the transaction costs of participating in farmland rental markets were high, the willingness to participate in farmland rental markets could be embedded in rural social networks, and whether farmers participated in farmland rental markets or not depended on the behaviors of participating in farmland rental markets for relatives, friends or other farmers. The empirical results showed that the behaviors of participating in farmland rental markets for relatives and friends, which represented a “strong relationship”, and the behaviors of participating in farmland rental markets for other farmers, which represented a “weak relationship”, significantly promoted the willingness to participate in farmland rental markets. More importantly, when the costs of acquiring and using the policies of farmland transfers were relatively high, the behaviors of participating in farmland rental markets for relatives, friends, or other farmers could reduce the transaction costs of market participation, which resulted in the herd effect in the process of farmland transfers [
20].
In sum, previous studies mainly discussed the influencing mechanisms of the risks to farmland property rights on farmland transfers from the perspectives of the systems of farmland property rights and the stability of farmland rental contracts, which provided the theoretical basis and empirical reference for our study. More importantly, in the context of an ambiguous structure of farmland property rights, the incidence of farmland rental contract disputes was continually increased, but the impact of farmland rental contract disputes on farmland rental market participation was commonly ignored by previous literature.
3. Theoretical Framework
3.1. Impact of the Risks to Farmland Property Rights on Farmland Transfers
Following the theoretical model of Deininger et al. [
21], a representative farmer (D) used their own labor endowment (L) and rented land (
q) to engage in agricultural production, and his household income came from agricultural production and non-agricultural employment. The production function for the representative farmer (D) conformed to the standard form of the production function, that is,
, and satisfied the following conditions:
and
. Thus, the utility function for the representative farmer (D) could be written as follows:
where P denoted the price of agricultural products, which was standardized as 1 for simplicity. Additionally, v denoted the probability of losing rented land for farmers who rented in farmland, which satisfied
. In the context of the Household Responsibility System (HRS), farmland rental contract disputes referred to these behaviors that when farmers who rented out farmland lost their off-farm jobs and returned home or when revenues on agricultural production became high, rented land might be taken back in advance, and land rents were increased by farmers who rented out farmland. Moreover, r denoted land rents, and w denoted the wage of off-farm employment, while
denoted the number of agricultural laborers, and
denoted the number of non-agricultural laborers.
The main aim of participating in farmland rental markets for the representative farmer (D) was to achieve the maximum utility. Thus, the first-order condition could be written as follows:
where Equation (2) was that when the probability of losing rented land was considered, the marginal production value of land was equal to land rents, which reflected the equilibrium condition of farmland rental markets. According to the Equation (2) (Assuming that
then
. If
1, then
If
, then
), the main conclusion was as follows: when the risks to farmland property rights were relatively high, a lower probability of farmland rental contract disputes motivated farmers to participate in farmland rental markets. However, when the risks to farmland property rights were relatively low, a higher probability of farmland rental contract disputes motivated farmers to participate in farmland rental markets.
Theoretically, the risks to farmland property rights consisted of the degree of clarity in the systems of farmland property rights and the stability of farmland rental contracts [
6]. Specifically, perfect systems of farmland property rights reduced the execution costs of farmland rental contracts, and stable farmland rental contracts weakened the negative impact of an ambiguous structure of farmland property rights. From the perspective of the stability of farmland rental contracts, the execution efficiency of farmland rental contracts determined the risks to farmland property rights, and the execution efficiency of farmland rental contracts depended on the effectiveness of the governance mechanism of farmland rental contracts [
22,
23]. Hence, the effectiveness of the governance mechanism of farmland rental contracts determined the risks to farmland property rights. In the process of economic transformation, the governance mechanism of farmland rental contracts mainly included private execution mechanisms and public execution mechanisms. Specifically, the essence of the private execution mechanism lay in the reputation mechanism that resulted from repeated games and related games, while the essence of the public execution mechanism lay in the effectiveness of legal systems [
22,
24]. Within the society of acquaintances, the transaction order of farmland rental markets was usually established on the basis of blood, kinship, and geographic relationships, which led to repeated games and associated games among the objects of farmland transfers. Notably, in the context of repeated games and associated games, the reputation mechanism was conducive to increasing the revenues on executing farmland rental contracts and improving the implementation efficiency of farmland rental contracts, which reduced the expectations of the risks to farmland property rights [
22,
23]. Meanwhile, in the context of valid legal systems, public enforcement mechanisms such as courts effectively increased the costs of violating farmland rental contracts, which improved the expectations of the risks to farmland property rights.
3.2. Impacts of Farmland Rental Contract Disputes on Farmland Rental Market Participation
Farmland rental contract disputes were defined as these disputes resulting from violating farmland rental contracts in the process of farmland transfers. Theoretically, according to the differences in the objects of violating farmland rental contracts, farmland rental contract disputes could be divided into two types, that is, these disputes that occurred when these farmers themselves participated in farmland rental markets and these disputes that occurred when other farmers participated in farmland rental markets. This paper focused on analyzing the impact of farmland rental contract disputes that occurred when other farmers participated in farmland rental markets on farmland transfers. A plausible reason was that due to the high transaction costs of participating in farmland rental markets, thin farmland rental markets led most farmers to lack experience in directly participating in farmland transfers in rural China. Thus, some farmers could have beliefs about farmland transfers from information regarding participation in farmland rental markets by their relatives, friends, or other farmers, which were used as references for their own participation in farmland rental markets. When the costs of acquiring and using the information on farmland transfers were high, learning from the behaviors of farmland transfers for relatives, friends or other farmers was conducive to reducing the transaction costs of participating in farmland rental markets, which resulted in the herd effect of farmland transfers [
20].
Meanwhile, if legal systems were effective in practice, information about obtaining reasonable compensation was conducive to increasing their confidences in the effectiveness of legal systems and improving the expectations of jointly complying with farmland rental contracts, which reduced the risks to farmland property rights. On the contrary, in the context of noneffective legal systems, farmland rental contract disputes strengthened the expectations of the risks to farmland property rights. Compared with farmland rental contract disputes that occurred when other farmers participated in farmland rental markets, there might be a lag impact of farmland rental contract disputes that occurred when these farmers themselves participated in farmland rental markets on farmland transfers. A plausible explanation was that when these farmers who participated in farmland rental markets rented in or out farmland again, the impact of farmland rental contract disputes on farmland transfers might be significant, but, in the context of thin farmland rental markets, the impact of farmland rental contract disputes on farmland transfers was difficult to be captured for these farmers. Thus, when the herding effect of farmland transfers was considered, the impact of farmland rental contract disputes that occurred when other farmers participated in farmland rental markets on farmland transfers was analyzed in this paper, which was considered to be reasonable and appropriate.
Further, the mathematical logic of the relationship between farmland rental contract disputes and the risks to farmland property rights was given. Assuming that the relationship between farmland rental contract disputes and the risks to farmland property rights was as follows: . denoted the conversion function of risk probability, which was used to ensure the following relationship, that is, . denoted the coefficient of the risks to farmland property rights, which reflected the initial status of the risks to farmland property rights. denoted the network value of the risks to farmland property rights, which reflected the impact of farmland transfers for other farmers on the expectations of the risks to farmland property rights for the representative farmer (D). Specifically, denoted that other farmers’ behaviors of farmland transfers reduced the expectations of the risks to farmland property rights, and denoted that other farmers’ behaviors of farmland transfers strengthened the expectations of the risks to farmland property rights. Additionally, s denoted that when other farmers participated in farmland rental markets, farmland rental contract disputes occurred within the administrative village, and at this time, the network value was negative, that is, . Thus, farmland rental contract disputes that occurred when other farmers participated in farmland rental markets denoted the high risks to farmland property rights, that is, .
Notably, x denoted formal rules such as laws and regulations, or informal rules such as customs and habits. Existing studies indicated that the risks to farmland property rights depended on the effectiveness of formal rules and informal rules [
6,
16,
25]. Specifically, farmland rental contract disputes increased the expectations of the risks to farmland property rights, but participation in farmland rental markets reduced the expectations of the risks to farmland property rights by using the reputation mechanism that resulted from repeated games and associated games within the acquaintance society or using the laws and regulations to obtain effective compensation for rental contract disputes.
In sum, in the context of an ambiguous structure of farmland property rights, farmland rental contract disputes denoted the high risks to farmland property rights, but participating in farmland rental markets was a freely pursued decision-making process, based on the actual situation: farmers improved the expectations of the risks to farmland property rights by resorting to the reputation mechanism within the acquaintance society, which boosted farmland rental market participation. Meanwhile, in the context of effective legal systems, obtaining reasonable compensation for farmland rental contract disputes increased the costs of violating farmland rental contracts and improved the expectations of the risks to farmland property rights, which enhanced farmland rental market participation. Thus, these two hypotheses were proposed as follows:
H1: In the context of associated games and repeated games, farmland rental contract disputes boosted farmland rental market participation between relatives and friends.
H2: Obtaining reasonable compensation for farmland rental contract disputes boosted farmland rental market participation for all types of the objectives of farmland transfers.
7. Conclusions and Policy Implication
This paper analyzed theoretically the impacts of farmland rental contract disputes and obtaining reasonable compensation on farmland rental market participation. Additionally, the survey data of 762 apple growers was used to examine empirically the above-mentioned impacts. The results indicated that: firstly, farmland rental contract disputes enhanced significantly the transfer of farmland to relatives and friends, but farmland rental contract disputes influenced insignificantly the transfer of farmland to non-relatives and non-friends. Secondly, obtaining reasonable compensation for farmland rental contract disputes significantly enhanced farmland rental market participation for all types of the objects of farmland transfers, which meant that obtaining reasonable compensation could increase the costs of violating farmland rental contracts and stabilize the expectations of the risks to farmland property rights. Thirdly, farmland rental contract disputes significantly motivated farmers’ choice of relatives as the objects of farmland transfers. Meanwhile, compared with the variable for no farmland rental contract disputes, the variable for obtaining reasonable compensation stabilized the expectations of the risks to farmland property rights, which enhanced farmland rental market participation and reduced the market segmentation of farmland transfers. Notably, previous studies mostly emphasized the relationship between farmland property rights systems and farmland rental market participation [
6,
27], but this paper not only analyzed the impact of land tenure insecurity on farmland transfers from the perspective of farmland rental contract disputes, but also examined the effectiveness of relevant laws and regulations of farmland transfers, which explained the relationship between land tenure security and farmland transfers from the perspective of the rule execution of farmland transfers.
In sum, in the context of an ambiguous structure of farmland property rights, participating in farmland rental markets was a freely pursued decision-making process, based on the actual situation. Farmland rental contract disputes resulted in high risks to farmland property rights, but farmers could choose relatives as the objects of farmland transfers, which meant that farmers participated in farmland rental markets by resorting to the reputation mechanism that resulted from repeated games and related games within the acquaintance society. Additionally, obtaining reasonable compensation for farmland rental contract disputes could reduce the market segmentation and discrimination of farmland transfers, which boosted farmland rental market participation. Thus, when the systems of farmland property rights were imperfect in the actual world, the key factor in enhancing farmland transfers and decreasing the market segmentation and discrimination was to stabilize the expectations of the risks to farmland property rights and reduce and solve farmland rental contract disputes. Notably, the above conclusions not only presented the importance of solving reasonably farmland rental contract disputes, but also provided a reference for improving relevant laws and regulations of farmland transfers, which was conducive to strengthening the quality of farmland rental markets for some developing countries.
Hence, several suggestions were proposed as follows: (1) farmland rental contract disputes should be reasonably reduced and solved to weaken the expectations of land tenure insecurity. The stability of farmland property rights depended on perfect farmland property rights systems and stable farmland rental contracts. In the context of an ambiguous structure of farmland property rights, stable farmland rental contracts could improve the expectations of land tenure security. More importantly, solving reasonably farmland rental contract disputes strengthened the stability of farmland rental contracts; (2) farmland rental contracts should be more standardized, and the effectiveness of relevant laws and regulations should be improved. Standardized farmland rental contracts were conducive to stipulating the responsibility of all parties who participated in farmland transfers and obtaining reasonable compensation for farmland rental contract disputes. Additionally, the effectiveness of relevant laws and regulations decreased the enforcement costs of farmland rental contracts; (3) The role of informal rules within the acquaintance society should be fully used to reasonably solve farmland rental contract disputes. With the gradual withdrawal of state power from rural society, the maintenance of village order relied on local public power and authority in rural areas [
27,
28]. Village cadres not only acted as the agents of the higher-level governments, which possessed the authority of formal rules, but also acted as the agents of farmers, which possessed the authority of informal rules. Hence, the roles of village cadres and informal rules should be fully employed to reduce the costs of farmland transfers. Moreover, in the context of high transaction costs of farmland rental markets, most farmers might use other farmers’ behaviors of participating in farmland rental markets as a reference, and a higher incidence of farmland rental contract disputes could increase the expectations of the risks to farmland property rights. Thus, solving reasonably farmland rental contract disputes was conducive to stabilizing the expectations of land tenure security, which developed farmland rental markets and improved allocative efficiency.