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 d...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.展开更多
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 ...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.展开更多
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 mode...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.展开更多
On the basis of clarifying and defining rural land transfer, the necessity of rural land transfer is analyzed. Land transfer is the necessity in terms of promoting agricultural scale operation and improving production...On the basis of clarifying and defining rural land transfer, the necessity of rural land transfer is analyzed. Land transfer is the necessity in terms of promoting agricultural scale operation and improving production efficiency; proving opportunities for narrowing urban and rural gap; realizing rural surplus labor transfer and facilitating urbanization. Major problems in the existing rural land transfer are analyzed:unclear laws and regulations and rural land transfer lacks relevant legal protection;rural social security system is imperfect and can not solve farmers' worries after land transfer; farmers and local governments are restricted by traditional ideas and it is hard to carry out the land transfer policies; rural system construction is relatively backward and the rural land transfer market is immature. Countermeasures on the governmental behaviors in rural land transfer are put forward: stipulating relevant administrative laws and regulations and perfecting the political system of rural land transfer; perfecting rural social security system and solving farmers' worries after land transfer; changing the ideas and working style of local officials and leading farmers to form the scientific land transfer outlook;and vigorously promoting the construction of system and positively cultivating rural land transfer market.展开更多
Based on the survey of household data in Zaozhuang City,Shandong Province,this paper empirically demonstrates the effect of the rural land transfer system on the income and income structure of farmers. The studies hav...Based on the survey of household data in Zaozhuang City,Shandong Province,this paper empirically demonstrates the effect of the rural land transfer system on the income and income structure of farmers. The studies have shown that the rural land transfer system reform has positive influence on income structure,wage income and property income of farmers. However,from the field survey,it is concluded that the organization effect and mortgage effect of the rural land transfer system reform are not significant.展开更多
On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Fi...On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Finally,it came up with some pertinent recommendations for the government in the rural land circulation in China,including formulating the relevant administrative rules and regulations,improving the rural land circulation policy system,improving the rural social security system and relieving the worry of farmers in land circulation,energetically promoting institutional construction,and actively cultivating rural land circulation market.展开更多
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...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.展开更多
There is an urgent need for China's rural land transfer in order to develop modern agriculture,ensure food security,transfer rural population,and accelerate industrialization and urbanization.At present,there is s...There is an urgent need for China's rural land transfer in order to develop modern agriculture,ensure food security,transfer rural population,and accelerate industrialization and urbanization.At present,there is still disordered transfer of rural land in China,making the interests of the transferors and transferees difficult to be effectively guaranteed;there is inefficient transfer,leading to decline in actual agricultural production level after transfer;there is jobless transfer,leading to difficult placement for rural surplus labor after transfer,seriously restricting rural land transfer.Therefore,the Chinese government's legal responsibility,economic responsibility and social responsibility in rural land transfer should be further strengthened.展开更多
This paper analyzed the types and causes of corruption of village cadres in rural land management in China. On the basis of current corruption situation,it came up with recommendations including improving the financia...This paper analyzed the types and causes of corruption of village cadres in rural land management in China. On the basis of current corruption situation,it came up with recommendations including improving the financial system at the village level,establishing land information network,and reforming functions of village committees in the land management,in order to prevent corruption of village cadres in the land management and establish and improve the clean government mechanism for village cadres.展开更多
Land is the foundation of human survival and the cornerstone of human development.China is a developing country with a large population and also a large agricultural country,and the issue of rural land has always been...Land is the foundation of human survival and the cornerstone of human development.China is a developing country with a large population and also a large agricultural country,and the issue of rural land has always been a strategic issue of great significance in the process of economic and social development.This paper introduces the key progress of rural land research in China from 2000 to 2019 in terms of three aspects:agricultural land protection,land system and land consolidation.It is found that the research content of rural land in China has experienced a very obvious transition and improvement.The understanding of specific research content continues to expand with the time.This paper studies and analyzes the existing problems of rural land research in China,and puts forward the research direction of rural land problems in China.展开更多
By combining top-level design with local pilot practices,rural land system reform,as an important priority on the agenda of deepening comprehensive reform,has accumulated a series of replicable and applicable experien...By combining top-level design with local pilot practices,rural land system reform,as an important priority on the agenda of deepening comprehensive reform,has accumulated a series of replicable and applicable experiences that are conducive to amendments to relevant laws.This paper takes stock of the basic experience of Pidu District in addressing typical problems arising in its rural land system reform and then investigates the inner link between the reform and the persistence of high housing prices in cities,the capital flowing to the countryside,and the rural revitalization program.Based on this analysis,the author puts forward three basic directions of the rural land system reform:remain committed to marketization,balance the interests of all parties and promote the development of rural industries.展开更多
In the early years of reform and opening up, with the household contract management as the core, the land reform has been adapted to the prevailing agricultural productivity development and management level, achieved ...In the early years of reform and opening up, with the household contract management as the core, the land reform has been adapted to the prevailing agricultural productivity development and management level, achieved to mobilize the peasants' production enthusiasm and creativity, to improve production efficiency, basically solved the food and clothing problem; but it has formed small-scale decentralized business model. With the rapid development of the rural economy, along with urbanization and industrialization, it has been further increased the degree of market-oriented agriculture. The contradiction between big market and small-scale production is more prominent; such small -scale decentralized form of management has begun not to meet agricultural development request and the market economy development. It needs changes to moderate scale. Eleventh Five-Year Plan and construction of new socialist village require clearly various forms of appropriate scale.展开更多
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 ...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.展开更多
Agricultural land is the key to large-scale agricultural management,and the transfer price is the key to the success or failure of land transfer. At present,there are many problems in the pricing of rural land transfe...Agricultural land is the key to large-scale agricultural management,and the transfer price is the key to the success or failure of land transfer. At present,there are many problems in the pricing of rural land transfer in China,such as low price,random pricing,and large price difference,which seriously hinder the development of rural land transfer. Drawing lessons from the research results of domestic and foreign scholars,combined with the actual situation of rural land transfer in China,this paper analyzes the influencing factors of land transfer price in the context of rural land reform. Finally,according to the influence of different factors on the behavior of agricultural land transfer,this paper proposes establishing and perfecting the evaluation system of contracted land,perfecting the evaluation institution of transferred land assets and establishing a unified dynamic monitoring system of land transfer price in the whole country,and then driving the broad masses of farmers to get rich together,which is of great significance to achieving the revitalization of China’s rural areas.展开更多
We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating...We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating type(Zhejiang Jiande model).Current rural land joint-stock cooperative system has following characteristics.Firstly,adhere to the collective ownership and household contract responsibility system in rural areas.Secondly,safeguard farmers' land contractual rights and interests.Thirdly,implement large-scale agricultural production and operation.Fourthly,carry out normative operation of farmers' cooperatives.On the basis of these,we point out such problems as backward technology and short of funds in development of rural land joint-stock cooperative system.Finally,we conclude that the development of rural land joint-stock cooperative system should fully draw lessons from foreign advanced experience,actively try new model like securitization of rural land,to explore a road suitable for current national conditions.展开更多
To study which method is more effective in complete compensation and zero compensation for rural land expropriation,we use economic models to analyze whether the government is benevolent and which compensation method ...To study which method is more effective in complete compensation and zero compensation for rural land expropriation,we use economic models to analyze whether the government is benevolent and which compensation method can achieve the social optimal level.The results show that both complete compensation and zero compensation will lead to over-investment of land owners,and consequently result in loss of social welfare.展开更多
On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factor...On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factors with the aid of Logistic model and Multinomial Logit model.The study indicates that factors influencing willingness of rural land circulation and securitization mainly include land contract method,land circulation information and approaches,rights and interests of farmers infringed or not,policies of benefiting farmers,and non-agricultural skills. Finally,it came up with following pertinent policy recommendations:( 1) reforming and improving land contract methods;( 2)strengthening disclosure of land circulation information;( 3) reforming and improving land circulation approaches;( 4) strengthening protection of farmers' rights and interests in the process of land circulation;( 5) reinforcing and implementing policies benefiting farmers;( 6) cultivating and developing farmers' non-agricultural skills.展开更多
Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and wi...Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.展开更多
On the basis of performance and problems in land consolidation of Bengbu City,it is believed that land consolidation should focus on benefits of agriculture,farmers and countryside,strengthen consolidation of agricult...On the basis of performance and problems in land consolidation of Bengbu City,it is believed that land consolidation should focus on benefits of agriculture,farmers and countryside,strengthen consolidation of agricultural land and infrastructure construction.展开更多
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 significa...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.展开更多
基金Supported by National Natural Science Foundation of China(41771565)Henan Provincial Government Decision-Making Research Bidding Project(2017B189).
文摘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.
基金Supported by Sichuan Science and Technology Program,Project of Sichuan Provincial Department of Science and Technology"Research on the Long-term Mechanism of Risk of Return to Poverty and Resilience Governance in Tibet-related Areas of Sichuan under the Rural Revitalization Strategy"(2022JDR0081)Research Project of Sichuan Minzu College"Research on the Reform of Rural Land Property Rights System and the Development of Agricultural Modernization under the Strategy of Rural Revitalization"(XYZB19004SA).
文摘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.
文摘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.
文摘On the basis of clarifying and defining rural land transfer, the necessity of rural land transfer is analyzed. Land transfer is the necessity in terms of promoting agricultural scale operation and improving production efficiency; proving opportunities for narrowing urban and rural gap; realizing rural surplus labor transfer and facilitating urbanization. Major problems in the existing rural land transfer are analyzed:unclear laws and regulations and rural land transfer lacks relevant legal protection;rural social security system is imperfect and can not solve farmers' worries after land transfer; farmers and local governments are restricted by traditional ideas and it is hard to carry out the land transfer policies; rural system construction is relatively backward and the rural land transfer market is immature. Countermeasures on the governmental behaviors in rural land transfer are put forward: stipulating relevant administrative laws and regulations and perfecting the political system of rural land transfer; perfecting rural social security system and solving farmers' worries after land transfer; changing the ideas and working style of local officials and leading farmers to form the scientific land transfer outlook;and vigorously promoting the construction of system and positively cultivating rural land transfer market.
文摘Based on the survey of household data in Zaozhuang City,Shandong Province,this paper empirically demonstrates the effect of the rural land transfer system on the income and income structure of farmers. The studies have shown that the rural land transfer system reform has positive influence on income structure,wage income and property income of farmers. However,from the field survey,it is concluded that the organization effect and mortgage effect of the rural land transfer system reform are not significant.
文摘On the basis of introducing and defining the concept of rural land circulation,this paper discussed the inevitability of rural land circulation in China and analyzed the main problems in the rural land circulation. Finally,it came up with some pertinent recommendations for the government in the rural land circulation in China,including formulating the relevant administrative rules and regulations,improving the rural land circulation policy system,improving the rural social security system and relieving the worry of farmers in land circulation,energetically promoting institutional construction,and actively cultivating rural land circulation market.
基金Supported by the Research Project of Humanities and Social Sciencesat Universities(08KN020) launched by Guizhou Provincial Education Department
文摘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.
文摘There is an urgent need for China's rural land transfer in order to develop modern agriculture,ensure food security,transfer rural population,and accelerate industrialization and urbanization.At present,there is still disordered transfer of rural land in China,making the interests of the transferors and transferees difficult to be effectively guaranteed;there is inefficient transfer,leading to decline in actual agricultural production level after transfer;there is jobless transfer,leading to difficult placement for rural surplus labor after transfer,seriously restricting rural land transfer.Therefore,the Chinese government's legal responsibility,economic responsibility and social responsibility in rural land transfer should be further strengthened.
文摘This paper analyzed the types and causes of corruption of village cadres in rural land management in China. On the basis of current corruption situation,it came up with recommendations including improving the financial system at the village level,establishing land information network,and reforming functions of village committees in the land management,in order to prevent corruption of village cadres in the land management and establish and improve the clean government mechanism for village cadres.
文摘Land is the foundation of human survival and the cornerstone of human development.China is a developing country with a large population and also a large agricultural country,and the issue of rural land has always been a strategic issue of great significance in the process of economic and social development.This paper introduces the key progress of rural land research in China from 2000 to 2019 in terms of three aspects:agricultural land protection,land system and land consolidation.It is found that the research content of rural land in China has experienced a very obvious transition and improvement.The understanding of specific research content continues to expand with the time.This paper studies and analyzes the existing problems of rural land research in China,and puts forward the research direction of rural land problems in China.
基金part of the periodical research achievements of “Research on the Integration of Core Values of Equality and Justice into Property Rights Protection Legislation”(18VHJ007)a key program funded by the National Social Science Foundation in 2018
文摘By combining top-level design with local pilot practices,rural land system reform,as an important priority on the agenda of deepening comprehensive reform,has accumulated a series of replicable and applicable experiences that are conducive to amendments to relevant laws.This paper takes stock of the basic experience of Pidu District in addressing typical problems arising in its rural land system reform and then investigates the inner link between the reform and the persistence of high housing prices in cities,the capital flowing to the countryside,and the rural revitalization program.Based on this analysis,the author puts forward three basic directions of the rural land system reform:remain committed to marketization,balance the interests of all parties and promote the development of rural industries.
文摘In the early years of reform and opening up, with the household contract management as the core, the land reform has been adapted to the prevailing agricultural productivity development and management level, achieved to mobilize the peasants' production enthusiasm and creativity, to improve production efficiency, basically solved the food and clothing problem; but it has formed small-scale decentralized business model. With the rapid development of the rural economy, along with urbanization and industrialization, it has been further increased the degree of market-oriented agriculture. The contradiction between big market and small-scale production is more prominent; such small -scale decentralized form of management has begun not to meet agricultural development request and the market economy development. It needs changes to moderate scale. Eleventh Five-Year Plan and construction of new socialist village require clearly various forms of appropriate scale.
基金Supported by the Soft Science Program of Henan Provincial Science & Technology Department in 2009( 092400420076)
文摘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.
文摘Agricultural land is the key to large-scale agricultural management,and the transfer price is the key to the success or failure of land transfer. At present,there are many problems in the pricing of rural land transfer in China,such as low price,random pricing,and large price difference,which seriously hinder the development of rural land transfer. Drawing lessons from the research results of domestic and foreign scholars,combined with the actual situation of rural land transfer in China,this paper analyzes the influencing factors of land transfer price in the context of rural land reform. Finally,according to the influence of different factors on the behavior of agricultural land transfer,this paper proposes establishing and perfecting the evaluation system of contracted land,perfecting the evaluation institution of transferred land assets and establishing a unified dynamic monitoring system of land transfer price in the whole country,and then driving the broad masses of farmers to get rich together,which is of great significance to achieving the revitalization of China’s rural areas.
文摘We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating type(Zhejiang Jiande model).Current rural land joint-stock cooperative system has following characteristics.Firstly,adhere to the collective ownership and household contract responsibility system in rural areas.Secondly,safeguard farmers' land contractual rights and interests.Thirdly,implement large-scale agricultural production and operation.Fourthly,carry out normative operation of farmers' cooperatives.On the basis of these,we point out such problems as backward technology and short of funds in development of rural land joint-stock cooperative system.Finally,we conclude that the development of rural land joint-stock cooperative system should fully draw lessons from foreign advanced experience,actively try new model like securitization of rural land,to explore a road suitable for current national conditions.
文摘To study which method is more effective in complete compensation and zero compensation for rural land expropriation,we use economic models to analyze whether the government is benevolent and which compensation method can achieve the social optimal level.The results show that both complete compensation and zero compensation will lead to over-investment of land owners,and consequently result in loss of social welfare.
基金Supported by Development Report Project for Philosophy and Social Science of the Ministry of Education(11JBG006)Project of National Social Science Foundation(11CJY034)+1 种基金Project of Hubei Financial Research Center of Key Research Base of Humanities and Social Science of Colleges and Universities of Hubei Province(2011B003)Fundamental Research Funds for the Central Universities in 2013(20132013)
文摘On the basis of questionnaire survey in 54 natural villages of 22 cities( counties) in 6 central region provinces,this paper analyzed the willingness of rural land circulation and securitization and influencing factors with the aid of Logistic model and Multinomial Logit model.The study indicates that factors influencing willingness of rural land circulation and securitization mainly include land contract method,land circulation information and approaches,rights and interests of farmers infringed or not,policies of benefiting farmers,and non-agricultural skills. Finally,it came up with following pertinent policy recommendations:( 1) reforming and improving land contract methods;( 2)strengthening disclosure of land circulation information;( 3) reforming and improving land circulation approaches;( 4) strengthening protection of farmers' rights and interests in the process of land circulation;( 5) reinforcing and implementing policies benefiting farmers;( 6) cultivating and developing farmers' non-agricultural skills.
基金A phasic achievement of the Ministry of Education Youth Fund Project named “Law Research on Online Transaction of Rural Land Management Right under the Background of Rural Revitalization Strategy”(Project No.18yjc820001)funded by the China Scholarship Council(Project No.201907845009)
文摘Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.
文摘On the basis of performance and problems in land consolidation of Bengbu City,it is believed that land consolidation should focus on benefits of agriculture,farmers and countryside,strengthen consolidation of agricultural land and infrastructure construction.
基金Supported by Doctoral Dissertation Grant Program of China University of Political Science and Law in 2015(2015BSLW07)
文摘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.