Impacts of Changes in Structure of Rural Land Property Rights on Agricultural Performance

In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.

Reform Paths of Rural Land Property Rights System in the Context of Agricultural Modernization

The reform of rural land property rights system can promote large-scale and intensive agricultural production,improve the quality of laborers,improve agricultural production efficiency,increase farmers'income,and effectively promote the development of agricultural modernization.In the context of the reform of the"separation of three powers",the rural land property rights system still has problems in terms of ownership,use rights,disposal rights,and income rights,which affect the healthy development of agricultural modernization.In this situation,it is necessary to further clarify the subject of rural land ownership,thoroughly improve the right to use rural land,vigorously improve the right to dispose of rural land,effectively protect the right to benefit from rural land,and deeply promote the reform of the rural land property rights system in order to effectively promote the development of agricultural modernization.

Rural Land Rights in China: Evolution and Case Studies

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.

A Summary of Research on the Realization Process of "Separation of Three Rights" of Rural Land

In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.

Analysis of Secondary Separation of China's Rural Land Rights from the Perspective of Analytical Jurisprudence

China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.

Problems in Rural Land Management Right Confirmation Pilots and the Countermeasures

The affirmation registration and certification of land contracted management right are the essential conditions for the effective promotion of land management right circulation and the development of agricultural moderate scale management. However, the following problems are found in the process of the pilot work： insufficient propaganda work, inconsistent recognition of affirmation registration work, low enthusiasm of grass-roots work; lack of unified regulations, each company working on their own; requiring large amount of manpower and resources for rural land contracted management rights, and severe shortage of national and municipal inputs; incomplete land ownership information and lack of marks between land plots, leading to resolving difficulty of the disputes; urgent need of strengthening subsequent work, untimely adjustment of related policies. Therefore, it needs to intensify propaganda, so that farmers can know the land right confirmation registration and certifi- cation, and recognize its importance; unify the introduction of job specification and results storage standard, making it convenient for the unified use of the results unified; set up special funds, and make experiments first in the areas with better economic conditions; establish arbitral institutions for land ownership disputes; earnestly make great effort to the supporting and subsequent work for right confirmation registration, and give full play to the role of land registration results.

Research on the Circulation Problems of Contractual Management Right of Rural Land

Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct of contractual management right of land; autonomy of production and operation; disposition of the products; expropriation and occupation compensation authority of contractual land respectively, in order to demonstrate the connotation of land contractual management. The thesis also analyzes perspicaciously the phenomenon of non-agricultural-use land and proclaiming phenomenon of contractual management right of land. We should establish normalized rural land property rights register system to perfect contractual management right of land. Proclaiming of agriculture land right also should adopt registration effectiveness so as to guarantee the legality of transference of agricultural land to non-agricultural land in terms of system. We should perfect rural land circulation in terms of normalizing land circulation laws and normalizing contractual farmers fees: in terms of the movable agricultural land right, we should further perfect the types and content of circulation and lessen non-legal form restrictions of circulation; in terms of contractual fees, we should normalize contractual fees of land in order to preclude the contradiction between the contractees and contractors arising from blank space of laws.

Study on Circulation and Management of Rural Land Use Right

Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.

Contract System for Circulation of the Right to Rural Land Contractual Management

From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.

RLandRight软件在农村土地确权数据质量检查中的应用

农村土地确权数据质量关系到后期维护管理与土地政策的实施及农民权益的保护,然而由于土地确权工作烦琐、经费支持不足、为降低成本而不按标准作业、影像资料分辨率低与现势性差等多方面原因,导致部分土地确权数据质量无法满足现行国家规范要求。本文分析了土地确权工作内容及图形与属性数据应该满足的条件和质量检查项目,基于ArcGIS平台及ArcEngine二次开发组件、空间图形关系判断算法、属性数据标准等研制了RLandRight农村土地确权检查软件,通过示范应用表明:可检查出图形与属性数据存在的问题,为数据修正提供依据;可保障土地确权数据质量,提高数据入库检查工作的效率。

Practice Mode and Value Research of Reform of Rural Collective Economy Property Right System in Beijing Rural-urban Continuum

In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.

Research on Rural Collective Land Ownership Confirmation Based on Unified Registration of Real Estate

Rural collective land ownership registration is a basic work to safeguard farmers＇ land rights and interests, and promote rural reform and development, which involves the vital interests of the peasants, and has great influence on the rural economic and social development. However, there are many problems in rural col- lective land ownership registration and certification, such as unclear rural land own- ership subject and nature; not unified understanding of registration, no high enthusi- asm of the grass-roots work; prominent registration policy contradictions, serious shortage of investment, which seriously affect the rural land ownership registration work. In order to solve these problems, some suggestions are put forward on pro- moting the rural land ownership registration work smoothly.

Study on Transfer Problem of Contract and Management Right of Agricultural Land in Anhui Province

The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

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.

Path Choice of Rural Land Transfer in China

Establishing rural land collective property right system with clear ownership,complete powers and functions,smooth transfer,and strict protection is the basic guarantee to the equal exchange of land elements. In this study,the reform of relevant legal systems to China's rural land transfer was introduced firstly,and then the guiding ideology of China's rural land transfer was proposed. Finally,the ways of practicing rural land transfer in China were discussed. Based on the premise of insisting on and improving the strictest land preservation system,farmers should have the right to occupy,use,and transfer their contracted land,and they can transfer their land contracting and management right in ways of exchange,subcontracting,renting,stock cooperation,and trust. Exploring the ways of equal exchange of land elements according to local conditions is an important political and economic issue concerning the livelihood and development of farmers in China,so it should be conducted under the guidance of the correct ideas to integrate scattered land in China's rural areas,develop moderate-scale management,shorten the income gap between urban and rural areas,and realize balancing development of urban and rural areas in China.

Economic Logic of Development and Value Basis of Reform of China’s Rural Land System

The historical changes of China’s rural land system show that the allocation of rural land rights,as the most important agricultural production relationship,has a huge effect on the development of productivity. The essence of the rural land system is the allocation of rights.At this stage,China’s agricultural development is facing a series of challenges such as agricultural modernization,food security issues and arable land issues,and the reform of the rural land system is imperative,of which the focus is still on the enrichment and deepening of rural land rights. Based on this,the decisive role of the market in the allocation of rights is introduced and brought into play. While striving for development and efficiency,attention must also be paid to the security function and fair value of rural land.

Developing the Commons: Models of Rural Land Trust in China

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.

“城乡两栖”视角下农村宅基地“三权分置”问题研究

“三权分置”改革有助于化解“城乡两栖”背景下宅基地的制度困境。在我国城镇化进程和乡村振兴过程中,城乡人口双向流动以及异地居住的“城乡两栖”现象日益明显。人口迁居带来了宅基地及其地上房屋所承载的居住功能弱化,而它们的财产功能和社会情感功能则逐渐增强。总体来看,现有部分制度抑制了宅基地的产权权能开发和资产价值挖掘,造成了闲置、低效利用与隐性流转共存的困局,需要合理推进“三权分置”改革。宅基地“三权分置”改革受到乡村治理机制不完善、产权边界不清晰、农民宅基地权属观念模糊等因素掣肘,面临所有权主体虚置、过度“资本化”等诸多问题,阻碍了相关体制机制创新。为此,“三权分置”改革需要清晰界定“三权”边界,明确宅基地的法权属性,在保障农户资格权的基础上适度拓展宅基地使用权,推动实现宅基地的财产价值;引入市场机制多元盘活闲置宅基地,进而提高土地资源利用效率。

土地经营权入股立法的反思与展望

自家庭联产承包责任制实施以来,关于农村土地承包经营权能否以入股等方式流转,在政策与法律层面经历了比较复杂的变迁过程。土地经营权入股在立法中得到确认是“三权分置”改革的重要成果之一,有利于在流转中更好地实现土地经营权的价值。土地经营权入股现行立法表达不规范、不统一,且与相关法律规定存在冲突,导致立法预期的实现受阻。以立法的基本原理来审视,立法用语不规范只是表面现象,土地经营权的性质不明才是立法困境的根源,对入股所致不利后果的担忧则进一步导致适用难题。实践中大量存在的“以租代转”、“名为入股、实为出租”现象表明,既有立法并不能有效满足土地经营权入股的需求,反而徒增解释与适用的混乱。为了弥合土地经营权入股的认知分歧,保持相关立法之间的协调,实现“三权分置”的立法目的,有必要在立法中统一相关表述,明确规定土地经营权的性质,移除土地经营权承载的不必要负担,让土地经营权真正成为“可以用货币估价并可以依法转让的非货币财产”,进而以“作价出资”取代“入股”。

宅基地使用权依托农房转让的制度沿革、司法裁判与实践创新

宅基地使用权依托农房转让的制度沿革经历了从允许到限制的转变,体现了政府政策的强制驱动和利益诱导的结合。宅基地使用权依托农房转让的司法裁判具有明显的被动性,农户在集体经济组织外部转让农房时,法院一般会认定该转让合同无效,但司法政策又为宅基地改革预留了政策空间,体现了原则性与灵活性的统一。在宅基地使用权依托农房转让的实践创新中,国家并没有直接废除宅基地使用权依托农房限制转让的既有路径,径行允许转让,而是秉持审慎原则,独辟蹊径。试点地区宅基地使用权依托农房转让下受让人范围拓展,与集体经营性建设用地入市衔接,与宅基地资格权退出耦合及与宅基地入股、合作打通,均体现了对宅基地使用权权能受限的克服。