In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual mana...In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual management right can be mortgaged in the practice of China's legislation on land circulation. We firstly introduced current situations of mortgage of farmland contractual management right in China. Then, we analyzed existing problems in mortgage of farmland contractual management right. Finally, we put forward corresponding countermeasures and recommendations, to bring into full play land use efficiency, more rationally distribute land resource, and further promote development of rural economy.展开更多
Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent know...Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.展开更多
Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models o...Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.展开更多
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...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.展开更多
Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The result...Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers' cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.展开更多
基金Supported by Project of National Social Science Foundation(09CJY054 and 11BJY050)
文摘In recent years, a series of pilot projects in mortgage of farmland contractual management right have been carried out in some regions. However, there is considerable dispute over whether the farmland contractual management right can be mortgaged in the practice of China's legislation on land circulation. We firstly introduced current situations of mortgage of farmland contractual management right in China. Then, we analyzed existing problems in mortgage of farmland contractual management right. Finally, we put forward corresponding countermeasures and recommendations, to bring into full play land use efficiency, more rationally distribute land resource, and further promote development of rural economy.
基金Supported by Project of National Social Science Foundation(09CJY054 and 11BJY050)
文摘Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.
基金Funded by National Science and Technology Support Program (2008BAJ08B19)"Research on the Reform and Practice of Rural Collective Land Property in Chongqing Municipality" of National Land Surveying and Planning Institute-funded Projects (2007102480006)
文摘Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.
基金National Natural Science Foundation of China,No.42101280National Social Science Foundation of China,No.19FGLB071。
文摘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.
基金Supported by National Natural Science Foundation of China(70973101)Fundamental Research Funds for the Central Universities in Southwest University for Nationalities (11SZYTH11)Applied Economics and Industrial Economics Master Degree Program of Southwest University for Nationalities (2011XWD-S0202)
文摘Based on the actual survey of 724 rural households in 21 townships of Sichuan Province,this article analyzes the basic information,basic characteristics and problems in current China's farmland transfer.The results show that the rural land contractual management right is relatively stable;in farmland transfer market,the degree of development of farmland transfer-out market is higher than that of farmland transfer-in market;at the same time,there are many problems,such as fragmentation of rural land resources allocation,incomplete land property rights system,too powerful land security function,single land transfer pattern and unsound transfer system.Corresponding countermeasures are put forward as follows:unifying urban and rural planning,and adjusting distribution pattern of rural land in concert with the course of urbanization;improving land property rights system,so that the farmers have the land contractual management right with real right tendency;strengthening the legal construction of land transfer,regulating the land transfer process,and guiding regularized and legalized development of land transfer;promoting farmers' cognitive level,and establishing the intermediary platform to provide land transfer information,ensuring information symmetry between both sides of transfer;providing more non-agricultural jobs,establishing and improving social security system for farmers,and diluting the social security function of land.