Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for impro...Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.展开更多
Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"...Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"of collective commercial construction land and state-owned land in the unified urban-rural construction land market system,and how to realize"same land,same right,same price".The results show that in order to realize the fair entry of collective construction land into the market,it must base on scientific use control,unify the urban and rural construction land market and adhere to the guidance of market mechanism,and finally realize the sustainable development of the land market.展开更多
Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of...Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of evolution:(i)The People’s Communes,which served administrative and economic functions,exercised integrated collective land ownership,property,and operation rights.(ii)Under the system of“threetier ownership with production teams as basic accounting units,”production teams exercised the ownership right over land plots with greater autonomy and were responsible for organizing farm work.(iii)The household contract system has entitled farmers to claim surplus products and turned farm households into the basic unit of agricultural production.Subsequently,the reform of collective ownership has further enhanced farmers’contract rights and separated their operation rights from contract rights.The separation of rural land ownership,contract and operation rights marks a top-down design of the structure of China’s rural land rights after the collective ownership system and the reform of household contract system.By recognizing separate contract and operation rights without changing collective ownership,the separation aims to protect rural land contract and operation rights in accordance with the law.As in the four case studies,Chongzhou,Songjiang,Meitan and Liupanshui have experienced a restructuring of collective ownership,contract and operation rights.Their experience foretells complexities in the future evolution of rural land rights in China.展开更多
On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collec...On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.展开更多
Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only...Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and div...In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.展开更多
基金Supported by Special Fund for Scientific Research of Public Welfare Industry of Ministry of Land and Resources of the People's Republic of China(201411014-4)
文摘Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.
文摘Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"of collective commercial construction land and state-owned land in the unified urban-rural construction land market system,and how to realize"same land,same right,same price".The results show that in order to realize the fair entry of collective construction land into the market,it must base on scientific use control,unify the urban and rural construction land market and adhere to the guidance of market mechanism,and finally realize the sustainable development of the land market.
文摘Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of evolution:(i)The People’s Communes,which served administrative and economic functions,exercised integrated collective land ownership,property,and operation rights.(ii)Under the system of“threetier ownership with production teams as basic accounting units,”production teams exercised the ownership right over land plots with greater autonomy and were responsible for organizing farm work.(iii)The household contract system has entitled farmers to claim surplus products and turned farm households into the basic unit of agricultural production.Subsequently,the reform of collective ownership has further enhanced farmers’contract rights and separated their operation rights from contract rights.The separation of rural land ownership,contract and operation rights marks a top-down design of the structure of China’s rural land rights after the collective ownership system and the reform of household contract system.By recognizing separate contract and operation rights without changing collective ownership,the separation aims to protect rural land contract and operation rights in accordance with the law.As in the four case studies,Chongzhou,Songjiang,Meitan and Liupanshui have experienced a restructuring of collective ownership,contract and operation rights.Their experience foretells complexities in the future evolution of rural land rights in China.
文摘On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.
基金Supported by Planning Project Launched by Humanities and Social Science in Ministry of Education(09YJA820052)General Project Launched by Social Science Planning in Shanghai (2010BJB003)
文摘Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.
文摘In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.