In the design of legal system, fairness is the goal of land usufructuary right allocation, and efficiency is the internal power to realize the function of land usufructuary right system. Both fair value standard and efficiency value judgment are applicable to the judgment of land usufructuary right allocation. Without fairness, the land legal system will be lost; Without efficiency, the land legal system will lose its vitality and motivation. Fairness and efficiency are basically the same, but there may also be contradictions. Therefore, the coordination and balance between fairness and efficiency should be "-3".

Keywords: fairness; Efficiency; Usufructuary right of land; Distribution of rights

The usufructuary right of land refers to the right to use the land and obtain income established on the land owned by the land owner. According to China's current laws, usufructuary right of land mainly includes rural land contractual management right, construction land use right and homestead use right. The allocation of land rights is divided into two levels: the allocation of land ownership and the allocation of land usufructuary right. Among them, the allocation of land usufructuary right refers to the initial distribution and redistribution of land usufructuary right among different subjects under certain ownership conditions. Land legislation is an important form of initial land distribution and a legal means to establish land system. In the process of establishing China's real right system, it is of great practical significance to scientifically evaluate the land usufructuary right system for improving land legislation.

I the relationship between the allocation of land resources and the allocation of land rights

Land use can be manifested in two forms of land allocation: one is to examine how land resources can be optimally allocated for different purposes from a technical point of view, that is, land resource allocation; The other is how to realize the optimal distribution of land rights among different rights subjects from the perspective of rights, that is, the allocation of land rights. The process of land allocation, on the one hand, is the process of land resources allocation, on the other hand, it is also the process of land rights allocation. Realizing the rational allocation of land can be investigated from these two aspects respectively.

The goal of land resources allocation has two aspects: one is to rationally allocate land resources among various competitive uses; The second is to improve the utilization efficiency of land resources on this basis. Due to the limited amount of land, there is a gap between various needs, which objectively requires the rational allocation of land between different departments and different uses, which is the macro goal of land resource allocation. There are two criteria for the rational allocation of land: one is to measure whether the land status among various uses conforms to the goals of social equity, equal opportunities and balanced interests through different land rights subjects (including land ownership subjects and land use rights subjects), that is, the fair value standard of land resource allocation; The second is to measure the proportional relationship between land input and land output in the process of land use, that is, land use efficiency, including land efficiency in neoclassicism (we call it land production efficiency) and land efficiency in new institutionalism (we call it land system efficiency). Land efficiency in the neoclassical sense refers to the increase in output caused by the input of unit land area under the premise that the system is an exogenous variable, that is, the system remains unchanged; Land efficiency in the sense of new institutionalism refers to comparing and measuring the output changes caused by unit land input on the premise that the system is endogenous variable, that is, the system is variable. The essence of the above two standards is how to combine fairness and efficiency standards to complete the scientific evaluation of land resource allocation.

The allocation of land resources and land rights are interrelated and influence each other. First of all, land rights allocation is the premise of land resources allocation, and the effect of land rights allocation has an important impact on land resources allocation. Because the allocation of land rights can produce an incentive mechanism to promote the optimization of land resource allocation. Secondly, the process of land resource allocation is accompanied by the allocation of land rights, and the rational flow of land resources will inevitably lead to the transfer of land ownership or land use rights, thus making up for the shortage of initial allocation rights and promoting the flow of land resource allocation from inefficient places to efficient places. Third, the allocation of land resources determines the direction of land rights allocation. The allocation of land resources follows the objective law of market economy, which determines the development of land resources in the direction of maximizing efficiency. Finally, the allocation of land rights has a negative impact on the allocation of land resources. The purpose of land rights allocation is to ensure the realization of the benefits and objectives of land resources allocation. In this sense, the allocation of land rights serves the allocation of land resources.

Second, fairness is the goal of land usufructuary right allocation.

No matter which distribution method, there are considerations of fairness and efficiency of land distribution. As far as China's land system is concerned, fairness is the goal pursued by the land usufructuary right system.

First of all, at the macro level, we must consider the fair distribution of land between different uses. An important factor to measure the fairness of macro distribution is the ratio of people to land. According to the classification of land in Land Management Law, land can be divided into three categories: agricultural land, construction land and unused land. The distribution of land is first of all a reasonable and fair distribution between agricultural land and construction land. China is a big agricultural country, and the characteristics of the land system are determined by the large population and small land, so the protection of land resources, especially cultivated land, must be given priority. In this regard, the constitution, land management law and other laws have made provisions. The standard of rational allocation of land between agricultural land and construction land is whether the per capita cultivated land and per capita agricultural land index meet the requirements of productivity development for land, and whether the scale of construction land is coordinated with the scale of economic development. If these requirements are met, the macro distribution of land will be fair. Because China has a vast territory, abundant natural resources and great regional differences, the macro-allocation of land also includes the allocation of land between different regions, which is actually the allocation of agricultural land and construction land between different regions.

Secondly, how to realize the rational and fair allocation of cultivated land, forest land, grassland, farmland water conservancy land and aquaculture water surface in agricultural land is the main factor to be considered. If it meets the requirements of sustainable development of rural economy, the allocation of land resources will realize the fairness of land resources allocation and the efficiency of land use in rural society. In terms of construction land, according to the scale of regional economic development and the needs of industrial structure, land for urban and rural housing, public facilities, industrial and mining land, land for transportation and water conservancy facilities, land for tourism and land for military facilities should be rationally distributed and balanced. As long as the distribution of land meets the requirements of economic development and the marginal income of land in different uses is equal, it can be considered that land has been effectively allocated.

Third, every kind of land use has problems of land rights distribution and land use efficiency. For example, China's farmland implements the land contract management system and gives farmers the right to use the land, so there is a problem of how to rationally allocate farmland resources and farmland rights among different farmers or farmers. Since ancient times, the idea of "not suffering from widowhood, but suffering from inequality" has dominated in China. Therefore, since ancient times, the distribution of agricultural land system has followed the principle of "absolute fairness", and the principle of efficiency is often ignored. Another important reason why farmland distribution follows the principle of fairness is that for farmers, land bears two special functions, namely, the social security function of land and the social stabilizer function of land. The basic livelihood of farmers is a major issue related to social and economic stability. If land distribution does not follow the principle of fair distribution, it will cause social unrest. Therefore, in this context, land distribution always follows the principle of "absolute fairness".

In short, whether it is agricultural land or construction land, whether it is the allocation of land resources or land rights, it is the goal of land usufructuary right allocation.