This paper discusses to what extent land is considered in food-related policies from a systemic perspective.Based on existing literature and international agendas priorities,we argue that access to and preservation of...This paper discusses to what extent land is considered in food-related policies from a systemic perspective.Based on existing literature and international agendas priorities,we argue that access to and preservation of land for food along the food chain play a major role in sustainable food systems.To further explore this argument,we address the following question:Where does land stand in sectorial and national food-related policies?The mul-tiple dimensions and implications of food systems and the international agenda’s priorities namely the“Right to adequate Food”,“Food Sovereignty”and the“Right to Land”,were used as our conceptual framework.To work out how land is being considered in food sectorial policies,both quantitative and qualitative methods were applied to examine ten Portuguese national food-related policies.Results are showing a lack of consideration for land access and land preservation,needed all along the food chain to build a national sustainable food system.On the other hand,there is a gap between current grassroots priorities international agendas and food-related national policies.Such a situation strongly suggests that building a sustainable food system needs a clear food territorial perspective,still neglected,and shifting from sectorial policies towards a more integrated food system approach,that will include land as a central piece.展开更多
Within the inventory era, urban shrinkage characterized by economic decline and space decay has been widely witnessed in China. The modes and trajectories of urban redevelopment have thus become areas of major concern...Within the inventory era, urban shrinkage characterized by economic decline and space decay has been widely witnessed in China. The modes and trajectories of urban redevelopment have thus become areas of major concern for both policymakers and scholars. Taking the multi-actor participation nature of redevelopment, this paper stemming from the game-theoretical approach demonstrates in empirical terms on two major fronts. First, the redevelopment of industrial land without the transfer of land use right is shown to be deadlocked by the incapacitation of the original land-user and unlocked with the participation of the new developer. Second, the preference of the original land-user to maximize its interests by operating by itself rather than continue to cooperate with the new developer is observed in the post-redevelopment stage. Therein, the entrepreneurial local government acts only as a “mediator” between the two market entities and tends not to directly intervene in their cooperation. Thus that, it is the reasonable distribution of potential benefits or the pricing of different rights in the land property right bundle rather than their definition that matters more for land redevelopment. Because the delineation of land property rights has never been a problem in a mature land market, particularly for stock industrial land.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 mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the pro...The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.展开更多
This paper develops a model that could be used to visualize and predict the violation of restrictions in a given forest. The violation of restriction in this case is assumed to be the difference in areal extent betwee...This paper develops a model that could be used to visualize and predict the violation of restrictions in a given forest. The violation of restriction in this case is assumed to be the difference in areal extent between two forest cover scenes with time;termed “deforestation”. It analyses the relationship in forest cover changes overtime in Ganye Forest Reserve and Glide Cross Country Farm in Adamawa state, Nigeria. Cadastral maps of the forest reserve and farmland were used as the base maps, while the satellite images served as the spatio-temporal data. Landsat ETM+ images of 2003, 2008 and 2013 were used to identify, determine and estimate the violation of restrictions. The result shows that the violation of restrictions could be reliably determined for both the forest reserve and farmland and forecast made in order to predict future occurrence. It also revealed a continuous deforestation in the forest reserve, while in the farmland regeneration of forest stock was noticed. This information is very vital for forest management, planning and decision making in a viable land administration domain.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
Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study t...Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.展开更多
Liberia holds 44.5% of the remaining portion of the Upper Guinean Rainforest in West Africa,which is home to critically endangered forest elephants and western chimpanzees.The forests are of vital importance for the l...Liberia holds 44.5% of the remaining portion of the Upper Guinean Rainforest in West Africa,which is home to critically endangered forest elephants and western chimpanzees.The forests are of vital importance for the livelihoods of millions of West Africans and provide key ecosystem services of local and global importance for food systems transformation and agroecology.Liberia’s efforts toward land reform through legislation and policies recognise communities’rights to own and manage their customary lands and resources.These include the National Forestry Reform Law of 2006,the Community Rights Law Concerning Forest Lands of 2009,and the Land Rights Act of 2018,and more.In May 2022,a program team from the Sustainable Development Institute(SDI)-Friends of the Earth Liberia researched the social and environmental impacts of Maryland Oil Palm Plantations(MOPPs)in Liberia.Twenty-three(23)key informant interviews(KIIs)and 10 focus group discussions(FGDs)were conducted in seven communities in and around the MOPP.They included farmers,contract workers,MOPP staff,local authorities,women and youth leaders,the Environmental Protection Agency(EPA)Inspector,the Civil Society Head,and the Gender Coordinator of Maryland County.The team cross-checked information with formal documents as much as possible and took photographs and global positioning system(GPS)locations of areas of deforestation,pollution,and conflict.The team also used observation to monitor environmental pollution,such as affluent into water bodies and planting oil palm in wetlands.The team used narrative analysis and geospatial landscape analysis to analyze the data.The research finds that land conflict and deforestation have several negative impacts on communities.MOPP has not respected land tenure rights or followed Free Prior and Informed Consent(FPIC)standards,including resettlement without reparation and destruction of farms and old towns without(sufficient)compensation or restitution.During MOPP land acquisition and clearance,communities experienced the loss of their farms and the identification of villages as“village de squatters”,leading to restricted access to farmland,heightened food insecurity,and reduced income from cash crops to support families.MOPP destroyed high conservation value areas and destroyed secondary forest regrowth,which affected important biodiversity areas.MOPP is one of the four large-scale industrial palm oil plantations in Liberia in Maryland County.It has a palm oil mill in a joint venture with Golden Veroleum Liberia(GVL).Its 2011 concession agreement includes 8,800 hectares for industrial palm oil plantations.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
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
The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,inc...The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.展开更多
Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the p...Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the private treaty of forest land transfer is the main pattern of most peasant households, forest right trading market hasn't got wide approval in peasants, peasants' dependence on land is reducing, and so on. Through analysis, the reasons of influent transfer of forest land include peasant's subjective will, less type of transfer objects, dull information communication, big difference of expected price and imperfect development of intermediary organization. In order to promote a healthy development of forest land transfer, the paper puts forward proposals of strengthening policy publicity, improving system, identifying property right, pushing variety of transfer types, developing forest land market, cultivating subject of market and so on.展开更多
In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central go...In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.展开更多
Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for impro...Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.展开更多
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
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
As a general rule of Economics of Development,economic growth and development require rational institution guarantee.Land Tenure.As a main institution factor in agricultural development,closely relates to the reform o...As a general rule of Economics of Development,economic growth and development require rational institution guarantee.Land Tenure.As a main institution factor in agricultural development,closely relates to the reform of Chinese agriculture.Based on the relevant theories of Economics of Institution and Economics of Development,and combined with the marketization process of Chinese Land Tenure of Property Rights,the article studied the effects of institutional factors and put forward some choices in the development of agriculture,which is of both significant and practical importance.展开更多
According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development rig...According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
基金The researcher is funded by Portuguese national funds through the FCT-Fundação para a Ciência e a Tecnologia,I.P.,under the Norma Transitória[DL57/2016/CP1453/CT07].
文摘This paper discusses to what extent land is considered in food-related policies from a systemic perspective.Based on existing literature and international agendas priorities,we argue that access to and preservation of land for food along the food chain play a major role in sustainable food systems.To further explore this argument,we address the following question:Where does land stand in sectorial and national food-related policies?The mul-tiple dimensions and implications of food systems and the international agenda’s priorities namely the“Right to adequate Food”,“Food Sovereignty”and the“Right to Land”,were used as our conceptual framework.To work out how land is being considered in food sectorial policies,both quantitative and qualitative methods were applied to examine ten Portuguese national food-related policies.Results are showing a lack of consideration for land access and land preservation,needed all along the food chain to build a national sustainable food system.On the other hand,there is a gap between current grassroots priorities international agendas and food-related national policies.Such a situation strongly suggests that building a sustainable food system needs a clear food territorial perspective,still neglected,and shifting from sectorial policies towards a more integrated food system approach,that will include land as a central piece.
基金National Natural Science Foundation of China (41971215, 41701193)Youth Innovation Promotion Association, Chinese Academy of Sciences (2022317)。
文摘Within the inventory era, urban shrinkage characterized by economic decline and space decay has been widely witnessed in China. The modes and trajectories of urban redevelopment have thus become areas of major concern for both policymakers and scholars. Taking the multi-actor participation nature of redevelopment, this paper stemming from the game-theoretical approach demonstrates in empirical terms on two major fronts. First, the redevelopment of industrial land without the transfer of land use right is shown to be deadlocked by the incapacitation of the original land-user and unlocked with the participation of the new developer. Second, the preference of the original land-user to maximize its interests by operating by itself rather than continue to cooperate with the new developer is observed in the post-redevelopment stage. Therein, the entrepreneurial local government acts only as a “mediator” between the two market entities and tends not to directly intervene in their cooperation. Thus that, it is the reasonable distribution of potential benefits or the pricing of different rights in the land property right bundle rather than their definition that matters more for land redevelopment. Because the delineation of land property rights has never been a problem in a mature land market, particularly for stock industrial land.
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.
基金Supported by Guangxi Philosophy and Social Science Project in 2011(11CJY001)Research Project of Guangxi Department of Education(201106LX628)
文摘The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.
文摘This paper develops a model that could be used to visualize and predict the violation of restrictions in a given forest. The violation of restriction in this case is assumed to be the difference in areal extent between two forest cover scenes with time;termed “deforestation”. It analyses the relationship in forest cover changes overtime in Ganye Forest Reserve and Glide Cross Country Farm in Adamawa state, Nigeria. Cadastral maps of the forest reserve and farmland were used as the base maps, while the satellite images served as the spatio-temporal data. Landsat ETM+ images of 2003, 2008 and 2013 were used to identify, determine and estimate the violation of restrictions. The result shows that the violation of restrictions could be reliably determined for both the forest reserve and farmland and forecast made in order to predict future occurrence. It also revealed a continuous deforestation in the forest reserve, while in the farmland regeneration of forest stock was noticed. This information is very vital for forest management, planning and decision making in a viable land administration domain.
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Based on field survey in Ya'ergou Village,Yuanzhou District,Guyuan City,the Ningxia Hui Autonomous Region,we analyze the status quo of the transfer of land contractual management rights in this village,and study the basic information,form,characteristics,and problems concerning the transfer of land contractual management rights in this nationality village.Then corresponding countermeasures are put forward for promoting the transfer of land contractual management rights in ethnic village as follows:strengthening the publicity of the policy in order to improve farmers' ideological understanding;raising the rent in order to promote the transfer of the land contractual management rights;diverting the governmental investment to the talented people within village;consolidating management and resolving disputes in the transfer timely and effectively.
文摘Liberia holds 44.5% of the remaining portion of the Upper Guinean Rainforest in West Africa,which is home to critically endangered forest elephants and western chimpanzees.The forests are of vital importance for the livelihoods of millions of West Africans and provide key ecosystem services of local and global importance for food systems transformation and agroecology.Liberia’s efforts toward land reform through legislation and policies recognise communities’rights to own and manage their customary lands and resources.These include the National Forestry Reform Law of 2006,the Community Rights Law Concerning Forest Lands of 2009,and the Land Rights Act of 2018,and more.In May 2022,a program team from the Sustainable Development Institute(SDI)-Friends of the Earth Liberia researched the social and environmental impacts of Maryland Oil Palm Plantations(MOPPs)in Liberia.Twenty-three(23)key informant interviews(KIIs)and 10 focus group discussions(FGDs)were conducted in seven communities in and around the MOPP.They included farmers,contract workers,MOPP staff,local authorities,women and youth leaders,the Environmental Protection Agency(EPA)Inspector,the Civil Society Head,and the Gender Coordinator of Maryland County.The team cross-checked information with formal documents as much as possible and took photographs and global positioning system(GPS)locations of areas of deforestation,pollution,and conflict.The team also used observation to monitor environmental pollution,such as affluent into water bodies and planting oil palm in wetlands.The team used narrative analysis and geospatial landscape analysis to analyze the data.The research finds that land conflict and deforestation have several negative impacts on communities.MOPP has not respected land tenure rights or followed Free Prior and Informed Consent(FPIC)standards,including resettlement without reparation and destruction of farms and old towns without(sufficient)compensation or restitution.During MOPP land acquisition and clearance,communities experienced the loss of their farms and the identification of villages as“village de squatters”,leading to restricted access to farmland,heightened food insecurity,and reduced income from cash crops to support families.MOPP destroyed high conservation value areas and destroyed secondary forest regrowth,which affected important biodiversity areas.MOPP is one of the four large-scale industrial palm oil plantations in Liberia in Maryland County.It has a palm oil mill in a joint venture with Golden Veroleum Liberia(GVL).Its 2011 concession agreement includes 8,800 hectares for industrial palm oil plantations.
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 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The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.
文摘Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the private treaty of forest land transfer is the main pattern of most peasant households, forest right trading market hasn't got wide approval in peasants, peasants' dependence on land is reducing, and so on. Through analysis, the reasons of influent transfer of forest land include peasant's subjective will, less type of transfer objects, dull information communication, big difference of expected price and imperfect development of intermediary organization. In order to promote a healthy development of forest land transfer, the paper puts forward proposals of strengthening policy publicity, improving system, identifying property right, pushing variety of transfer types, developing forest land market, cultivating subject of market and so on.
文摘In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.
基金Supported by Special Fund for Scientific Research of Public Welfare Industry of Ministry of Land and Resources of the People's Republic of China(201411014-4)
文摘Using comparative analysis and documentation method,this paper reveals infeasibility of establishing land development rights in China based on the path of real rights,in the hope of providing recommendations for improving the research route on localization of land development rights. Results indicate that at the level of legislative techniques,the land development rights rooted from property right paradigm do not contain possess the elements of object of real rights and conflict with the principle of statutory real rights and single ownership. At the level of legal logic,individual case of TDR conflicts with real right in rem. In conclusion,it is infeasible to introduce land development rights based on the path of real rights. In future,it is required to discard the concept of mechanical transplantation and explore feasible path and seek feasible way for establishing land development rights along with the direction of quasi-property and improving regulation efficiency.
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.
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.
文摘As a general rule of Economics of Development,economic growth and development require rational institution guarantee.Land Tenure.As a main institution factor in agricultural development,closely relates to the reform of Chinese agriculture.Based on the relevant theories of Economics of Institution and Economics of Development,and combined with the marketization process of Chinese Land Tenure of Property Rights,the article studied the effects of institutional factors and put forward some choices in the development of agriculture,which is of both significant and practical importance.
文摘According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.