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
As shown in the many disputes occurring in reforms to collective forest tenure, reforms aimed at clarifying property rights that follow the contract responsibility system for arable land are not wholly compatible with...As shown in the many disputes occurring in reforms to collective forest tenure, reforms aimed at clarifying property rights that follow the contract responsibility system for arable land are not wholly compatible with the informal system of property rights followed in village communities up to the present. This highlights the fact that the existing theory of collective property rights no longer provides a sufficient or effective interpretation of the property rights game in the practice of collective forest tenure. Further, the existing institutional arrangements for collective property rights are conducive neither to the resolution of disputes over forest tenure nor to the sustainable management and utilization of forest land. Therefore, it is necessary to develop a more inclusive analytical framework for rural property rights： village communal ownership. This highlights the village community as the main force in the practice of property fights and integrates the communal ownership values accumulated and inherited in the course of village transition. The introduction of a rational mechanism developed through the practice of village communal ownership may be able to further improve and encourage the reform of rural property fights in China, leading to the construction of a modem system of rural property rights involving clear title to the land.展开更多
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.
基金an interim achievement of the Humanities and Social Sciences Research Program of the Ministry of Education entitled"Research into the Forest Land Transfer Model and Performance Estimate for the New Collective Forest Tenure System Reform"(Licensed No.09YJA840027)a key project funded by the National Social Science Fund entitled"Research into China’s Collective Forest Tenure System Reform"(Licensed No.09&ZD045)
文摘As shown in the many disputes occurring in reforms to collective forest tenure, reforms aimed at clarifying property rights that follow the contract responsibility system for arable land are not wholly compatible with the informal system of property rights followed in village communities up to the present. This highlights the fact that the existing theory of collective property rights no longer provides a sufficient or effective interpretation of the property rights game in the practice of collective forest tenure. Further, the existing institutional arrangements for collective property rights are conducive neither to the resolution of disputes over forest tenure nor to the sustainable management and utilization of forest land. Therefore, it is necessary to develop a more inclusive analytical framework for rural property rights： village communal ownership. This highlights the village community as the main force in the practice of property fights and integrates the communal ownership values accumulated and inherited in the course of village transition. The introduction of a rational mechanism developed through the practice of village communal ownership may be able to further improve and encourage the reform of rural property fights in China, leading to the construction of a modem system of rural property rights involving clear title to the land.
