Trading Land Development Rights under a Planned Land Use System:The“Zhejiang Model”

China＇ s state planned land use system, including regulations such as setting planned quotas for land use, basic cropland preservation, and pursuing a balance between the conversion of arable land into non-agricultural use and the supplement of new agricultural land, has substantially constrained the economic growth of industrial provinces in China. This article explores the innovative reforms adopted by Zhejiang Province through land development rights （LDR） transfer within a locality and LDR trading across localities. We argue that there is a ＂Zhejiang model of LDR transferring and trading,＂ which, we believe, has significant implications not only for fostering an efficiency-enhancing market for land development rights and agricultural land preservation, but also for optimal use of land and a more balanced regional development. One important policy issue relating to China＇s rural land system is that under China＇ s land requisition system, farmers are usually under compensated for urban land-taking.

State Fragmentation and Rights Contestation:Rural Land Development Rights in China

The functionalist reasoning of institutional changes builds on individual rationality and explains institutional changes from the demand side. While insightful, a comprehensive understanding also needs to take into account the supply side, The state, as the ultimate supplier of institutional changes, plays the pivotal role of agency; therefore, its willingness and ability decide how such regime change occurs and what partieular form the new regime takes. Since the mid-1990s, the Chinese economy has embarked on a path of rapid industrialization and urbanization. The contestation over rural land development rights in China offers an excellent case to illuminate the importance of state agency in institutional changes. Drawing on case studies in China＇s three major urbanizing regions, this article analyzes how villages brought their own land directly to the land market and reaped handsome profits. We argue that the three successful cases, Nanhai in Guangdong, Kunshan in Jiangsu and Zhenggezhuang in Beijing, all represent a product of active agency on the supply side. The Chinese state＇s fragmented authority provides a favorable institutional environment for such changes.

Analysis of the Price of Development Right of Agricultural Land in China

According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.

Interregional compensation for farmland protection:From the perspective of farmland allocation optimization

Interregional compensation for farmland protection(IRCFP)is a policy instrument for encouraging farmland protection through interregional fiscal transfer payments.Previous practices and studies on IRCFP have generally determined the payers and recipients of compensation based on the present distribution of farmland,and the compensation standards did not combine farmland development right value with farmland deficit and surplus,resulting in insignificant effects on farmland protection and even policy failure.Therefore,in this study,we proposed an interregional compensation mechanism for farmland protection based on farmland allocation optimization by considering 31 provincial-level regions in China.The results showed that(1)the determination of farmland surplus or deficit areas based on farmland allocation optimization met the regional construction land demand from the perspective of achieving food security.(2)The combination of the compensation value standard and cropland deficit and surplus had a positive effect on farmland protection.(3)Interregional compensation for farmland protection based on farmland allocation optimization can coordinate economic development,farmland protection,and ecological conservation.Finally,we discussed the rationality of interregional compensation for farmland protection based on farmland allocation optimization and designed the operation mechanism of IRCFP.

土地征收中生态补偿缺失对农民权利的影响

文章采用资料分析,理论分析的方法,归纳总结了国内外土地征收补偿中都存在着生态补偿缺失的问题,尤其是中国的征收补偿制度存在明显缺陷,如补偿理论支持不足、补偿范围小、补偿额度低、补偿不到位等。这种制度缺陷不仅造成了大量的耕地流失,同时也造成了农业生态环境的破坏,直接影响了土地使用权人——农民的相关利益,如土地被征收导致土地分割,形成不经济的土地规模,造成土地利用效率的损失,降低了相邻土地的生产力,影响了农民的相邻权;土地又是农民世代生存、繁衍、发展之所在,是农民的基本生活保障和基本生活来源,农民失去土地就意味着失去了生存和发展的基础,影响了生存权和发展权;土地的资源属性表明,土地征收必然涉及到土地利用的变化和生态环境因素的改变,涉及到农民的环境权的保障。为此,必须完善土地征收制度,建立有效的市场化运作手段,通过对农地生态价值的正确评估,公平、合理的补偿失地农民的损失,以实现社会公平、和谐。

建国后我国城市土地供给制度的演变轨迹与改革思路

我国城市土地供给制度经历了从行政划拨配给制度、土地批租制度、城市土地储备制度到城市土地供给宏观调控制度的演变。其演变由中央政府主导,地方政府推动,受经济制度和经济结构变迁影响,表现为土地产权的调整。深化改革我国城市土地供给制度,需要正确处理好土地资源与土地资产的关系,进一步理顺好好中央与地方关系、政府与市场关系,建立起合理的土地产权制度。