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 view of artificially high urbanization rate of China and possible causes,survey and data analysis methods were used to discuss reform of household registration system,and path for promoting rural land system reform...In view of artificially high urbanization rate of China and possible causes,survey and data analysis methods were used to discuss reform of household registration system,and path for promoting rural land system reform. Results show that it is required to eliminate bottlenecks of land system in the advance of new urbanization process. In line with land system bottlenecks of new urbanization,it is recommended to take following measures.( i) Promoting land right confirmation centered land system reform.( ii) Weakening rural land ownership and stressing land use right.( iii) Establishing urban and rural integrated land market and putting an end to low cost urbanization road.( iv) Realizing asset value of rural construction land and tackling the problem of insufficient construction land.( v) Reforming the land expropriation system and increasing the share of gain in land value to farmers.( vi) Implementing different land policies to promote coordinated development of regional social economy.( vii) Establishing land circulation access system to ensure unchanged land use purpose and high efficient use.展开更多
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 e...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.展开更多
Rural sustainable land use(RSLU) is important to China’s implementation of the UN 2030 Agenda for Sustainable Development Goals and the goals of rural revitalization strategy in China. Research on RSLU is key to unde...Rural sustainable land use(RSLU) is important to China’s implementation of the UN 2030 Agenda for Sustainable Development Goals and the goals of rural revitalization strategy in China. Research on RSLU is key to understanding the impact of human activities on rural sustainability. This paper explored the evaluation method of RSLU from a system perspective based on the ecosystem service value(ESV). Three systems were proposed for consideration when conducting this evaluation method. One was the sustainability of the land system, the other was the sustainability of the ecoeconomic system, and the rest was the sustainability of the land-eco-economy system. Indicators including(1) land use intensity and land system stability,(2) gross domestic production(GDP), ESV, and the eco-economic harmony degree(EEHD), and(3) coupling degree and coupling coordination degree were used to analyze the sustainability of the land, eco-economic, and landeco-economic systems, respectively. An empirical research on Yanhe ecovillage was conducted and the study period extended from 2008 to 2020. The results showed that forest land had always accounted for more than 81.20% of the total area in Yanhe eco-village from 2008 to 2020, which greatly influenced land system stability and restricted economic development. This feature contrasted with RSLU. The total ESV of Yanhe eco-village declined by 1.60×106CNY during 2008–2020 because of land use changes. The EEHD was –0.01, which presented that there was a very slight unharmonious between ecology and economy. The coupling degree and coupling coordination degree showed that the development between the land and ecoeconomic systems exhibited a coupling coordination relationship. The results indicated that ecology and economy in Yanhe eco-village will change significantly in response to land use changes in rural areas, which further revealed the dynamic linkage between human beings and nature. Moreover, opposite variation tendencies in land system stability and ESV revealed that the contradiction between the high stability of the land system and well development of the eco-economic system. The results of this study implied that it is necessary and useful to integrate ESV into land management to achieve RSLU.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
In many countries agricultural land is a scarce resource, either due to natural conditions or because of competition over land. An increased need for food globally, changing environmental conditions and increased dema...In many countries agricultural land is a scarce resource, either due to natural conditions or because of competition over land. An increased need for food globally, changing environmental conditions and increased demand for environmentally sound agriculture and food systems, all require better integration of planning for rural land use and food production. A literature analysis was conducted including coding of 76 papers, to answer the question on how and to what extent, literature addresses the integration of land use policy and planning, and food system planning, in the context of sustainable rural development and agri-food production. The results indicate that land use and food system planning co-occur in literature, yet lacking the perspective of sustainable rural development, suggesting that integrated planning for sustainable rural land use and food systems needs to be strengthened. Food system research has largely focused on availability and access, or what can be associated with consumers, rather than rural land use. Likewise, the inclusion of food systems is neither common in rural land use planning nor in agricultural policies. Holistic planning for a sustainable food system may be suffering from a disjointed approach, e.g., planning for farmland may not have any links to planning for accessibility, consumer preferences or food marketing. Increased cooperation between stakeholders is necessary to break down the silos in the food system. Policies and plans for rural land use and agri-food production should be coordinated for the common goal of sustainability.展开更多
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
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
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
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
The policy of linkage of urban construction land increase with rural construction land decrease is an important task for poverty alleviation. It not only promotes the intensive use of land and the coordinated developm...The policy of linkage of urban construction land increase with rural construction land decrease is an important task for poverty alleviation. It not only promotes the intensive use of land and the coordinated development of urban and rural areas,but also plays an essential role in poverty alleviation development and the relocation of poverty alleviation. It provides a strong guarantee for winning the project of poverty alleviation. Taking the project of linkage of urban construction land increase with rural construction land decrease in Binchuan County in Yunnan Province,combined with the current situation of poverty alleviation and relocation in Binchuan County,the implementation of related policies of linkage of urban construction land increase with rural construction land decrease,and path of relocation poverty alleviation,this paper introduced problems in the implementation of policies of linkage of urban construction land increase with rural construction land decrease in Binchuan County,and came up with recommendations for the project of poverty alleviation through linkage of urban construction land increase with rural construction land decrease.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
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
In order to protect the property rights and interests of farmers,promote the revitalization and development of rural areas,and provide a reference basis for the reform of marketing rural collective land for developmen...In order to protect the property rights and interests of farmers,promote the revitalization and development of rural areas,and provide a reference basis for the reform of marketing rural collective land for development purposes,this study explores the reasonable distribution proportion of land increment income from marketing rural collective land for development purposes through analytic hierarchy process and Delphi expert scoring method.The results show that there is a positive correlation between land increment income and land grade,that is,the higher the land grade,the higher the increment income,the larger the proportion of increment income to the transaction price.According to the calculation,when marketing rural collective land for development purposes,the reasonable distribution proportion of the land increment income of the government and the village collective is 28.6%and 71.4%,respectively,and the land increment income actually obtained by farmers has been greatly improved compared with the current situation.In practice,this distribution model has universal applicability and long-term mechanism.The reform of marketing also needs to improve the standard of marketing,explore diversified channels to protect interests,and strengthen the construction of rural collective management system.In short,the distribution of land increment income from marketing rural collective land for development purposes should proceed from the perspective of land property rights and the factors affecting the price of collective land for development purposes,in order to build a reasonable income distribution model.展开更多
Urbanization is one of the driving forces for the land use change in type and structure, and its prominent effect is to convert rural land to urban land. This paper takes Shan-dong Province as an example to analyze th...Urbanization is one of the driving forces for the land use change in type and structure, and its prominent effect is to convert rural land to urban land. This paper takes Shan-dong Province as an example to analyze the current situation of the mutual conversion between the urban and rural areas from the aspects of the structure of land use, the decreasing tendency of the cultivated land, the changes of land use in urban and rural residential areas. It points out that cultivated land is converted to residential area land, industrial and/or mining area land. The relationship between the urban area land and the cultivated land is more direct; meanwhile, the changes of rural residential area lag behind obviously. The decrease of the cultivated land and the decline of soil quality will be the two difficult problems in the process of urbanization.展开更多
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 ...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.展开更多
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.
基金Supported by Project of Anhui Development and Reform Commission "Study on Reform and Innovation of Rural Land System in Anhui Province"(20141121)
文摘In view of artificially high urbanization rate of China and possible causes,survey and data analysis methods were used to discuss reform of household registration system,and path for promoting rural land system reform. Results show that it is required to eliminate bottlenecks of land system in the advance of new urbanization process. In line with land system bottlenecks of new urbanization,it is recommended to take following measures.( i) Promoting land right confirmation centered land system reform.( ii) Weakening rural land ownership and stressing land use right.( iii) Establishing urban and rural integrated land market and putting an end to low cost urbanization road.( iv) Realizing asset value of rural construction land and tackling the problem of insufficient construction land.( v) Reforming the land expropriation system and increasing the share of gain in land value to farmers.( vi) Implementing different land policies to promote coordinated development of regional social economy.( vii) Establishing land circulation access system to ensure unchanged land use purpose and high efficient use.
文摘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.
基金financially supported by the Foundation Project for Doctors’ Research in Hubei University of Technology (XJ2022009301)the Innovation Demonstration Base of Ecological Environment Geotechnical and Ecological Restoration of Rivers and Lakes (2020EJB004)。
文摘Rural sustainable land use(RSLU) is important to China’s implementation of the UN 2030 Agenda for Sustainable Development Goals and the goals of rural revitalization strategy in China. Research on RSLU is key to understanding the impact of human activities on rural sustainability. This paper explored the evaluation method of RSLU from a system perspective based on the ecosystem service value(ESV). Three systems were proposed for consideration when conducting this evaluation method. One was the sustainability of the land system, the other was the sustainability of the ecoeconomic system, and the rest was the sustainability of the land-eco-economy system. Indicators including(1) land use intensity and land system stability,(2) gross domestic production(GDP), ESV, and the eco-economic harmony degree(EEHD), and(3) coupling degree and coupling coordination degree were used to analyze the sustainability of the land, eco-economic, and landeco-economic systems, respectively. An empirical research on Yanhe ecovillage was conducted and the study period extended from 2008 to 2020. The results showed that forest land had always accounted for more than 81.20% of the total area in Yanhe eco-village from 2008 to 2020, which greatly influenced land system stability and restricted economic development. This feature contrasted with RSLU. The total ESV of Yanhe eco-village declined by 1.60×106CNY during 2008–2020 because of land use changes. The EEHD was –0.01, which presented that there was a very slight unharmonious between ecology and economy. The coupling degree and coupling coordination degree showed that the development between the land and ecoeconomic systems exhibited a coupling coordination relationship. The results indicated that ecology and economy in Yanhe eco-village will change significantly in response to land use changes in rural areas, which further revealed the dynamic linkage between human beings and nature. Moreover, opposite variation tendencies in land system stability and ESV revealed that the contradiction between the high stability of the land system and well development of the eco-economic system. The results of this study implied that it is necessary and useful to integrate ESV into land management to achieve RSLU.
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In many countries agricultural land is a scarce resource, either due to natural conditions or because of competition over land. An increased need for food globally, changing environmental conditions and increased demand for environmentally sound agriculture and food systems, all require better integration of planning for rural land use and food production. A literature analysis was conducted including coding of 76 papers, to answer the question on how and to what extent, literature addresses the integration of land use policy and planning, and food system planning, in the context of sustainable rural development and agri-food production. The results indicate that land use and food system planning co-occur in literature, yet lacking the perspective of sustainable rural development, suggesting that integrated planning for sustainable rural land use and food systems needs to be strengthened. Food system research has largely focused on availability and access, or what can be associated with consumers, rather than rural land use. Likewise, the inclusion of food systems is neither common in rural land use planning nor in agricultural policies. Holistic planning for a sustainable food system may be suffering from a disjointed approach, e.g., planning for farmland may not have any links to planning for accessibility, consumer preferences or food marketing. Increased cooperation between stakeholders is necessary to break down the silos in the food system. Policies and plans for rural land use and agri-food production should be coordinated for the common goal of sustainability.
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.
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.
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 Project of Poverty Alleviation Office of People’s Government of Dali Bai Autonomous Prefecture
文摘The policy of linkage of urban construction land increase with rural construction land decrease is an important task for poverty alleviation. It not only promotes the intensive use of land and the coordinated development of urban and rural areas,but also plays an essential role in poverty alleviation development and the relocation of poverty alleviation. It provides a strong guarantee for winning the project of poverty alleviation. Taking the project of linkage of urban construction land increase with rural construction land decrease in Binchuan County in Yunnan Province,combined with the current situation of poverty alleviation and relocation in Binchuan County,the implementation of related policies of linkage of urban construction land increase with rural construction land decrease,and path of relocation poverty alleviation,this paper introduced problems in the implementation of policies of linkage of urban construction land increase with rural construction land decrease in Binchuan County,and came up with recommendations for the project of poverty alleviation through linkage of urban construction land increase with rural construction land decrease.
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.
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.
基金Supported by Basic Project of Henan Academy of Sciences for Scientific Research and Development(210601043).
文摘In order to protect the property rights and interests of farmers,promote the revitalization and development of rural areas,and provide a reference basis for the reform of marketing rural collective land for development purposes,this study explores the reasonable distribution proportion of land increment income from marketing rural collective land for development purposes through analytic hierarchy process and Delphi expert scoring method.The results show that there is a positive correlation between land increment income and land grade,that is,the higher the land grade,the higher the increment income,the larger the proportion of increment income to the transaction price.According to the calculation,when marketing rural collective land for development purposes,the reasonable distribution proportion of the land increment income of the government and the village collective is 28.6%and 71.4%,respectively,and the land increment income actually obtained by farmers has been greatly improved compared with the current situation.In practice,this distribution model has universal applicability and long-term mechanism.The reform of marketing also needs to improve the standard of marketing,explore diversified channels to protect interests,and strengthen the construction of rural collective management system.In short,the distribution of land increment income from marketing rural collective land for development purposes should proceed from the perspective of land property rights and the factors affecting the price of collective land for development purposes,in order to build a reasonable income distribution model.
文摘Urbanization is one of the driving forces for the land use change in type and structure, and its prominent effect is to convert rural land to urban land. This paper takes Shan-dong Province as an example to analyze the current situation of the mutual conversion between the urban and rural areas from the aspects of the structure of land use, the decreasing tendency of the cultivated land, the changes of land use in urban and rural residential areas. It points out that cultivated land is converted to residential area land, industrial and/or mining area land. The relationship between the urban area land and the cultivated land is more direct; meanwhile, the changes of rural residential area lag behind obviously. The decrease of the cultivated land and the decline of soil quality will be the two difficult problems in the process of urbanization.
基金Supported by the National Social Science Foundation of China in 2013(13BJY053)
文摘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.