Impacts of Changes in Structure of Rural Land Property Rights on Agricultural Performance

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.

Reform Paths of Rural Land Property Rights System in the Context of Agricultural Modernization

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.

Non‑fungible tokens:a bubble or the end of an era of intellectual property rights

The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

Effects of land-use patterns on soil microbial diversity and composition in the Loess Plateau,China

In the Loess Plateau of China,land-use pattern is a major factor in controlling underlying biological processes.Additionally,the process of land-use pattern was accompanied by abandoned lands,potentially impacting soil microbe.However,limited researches were conducted to study the impacts of land-use patterns on the diversity and community of soil microorganisms in this area.The study aimed to investigate soil microbial community diversity and composition using high-throughput deoxyribonucleic acid(DNA)sequencing under different land-use patterns(apricot tree land,apple tree land,peach tree land,corn land,and abandoned land).The results showed a substantial difference(P<0.050)in bacterial alpha-diversity and beta-diversity between abandoned land and other land-use patterns,with the exception of Shannon index.While fungal beta-diversity was not considerably impacted by land-use patterns,fungal alpha-diversity indices varied significantly.The relative abundance of Actinobacteriota(34.90%),Proteobacteria(20.65%),and Ascomycota(77.42%)varied in soils with different land-use patterns.Soil pH exerted a dominant impact on the soil bacterial communities'composition,whereas soil available phosphorus was the main factor shaping the soil fungal communities'composition.These findings suggest that variations in land-use pattern had resulted in changes to soil properties,subsequently impacting diversity and structure of microbial community in the Loess Plateau.Given the strong interdependence between soil and its microbiota,it is imperative to reclaim abandoned lands to maintain soil fertility and sustain its function,which will have significant ecological service implications,particularly with regards to soil conservation in ecologically vulnerable areas.

Ecological effect of the plantation of Sabina vulgaris in the Mu Us Sandy Land,China

Vegetation restoration through artificial plantation is an effective method to combat desertification,especially in arid and semi-arid areas.This study aimed to explore the ecological effect of the plantation of Sabina vulgaris on soil physical and chemical properties on the southeastern fringe of the Mu Us Sandy Land,China.We collected soil samples from five depth layers(0-20,20-40,40-60,60-80,and 80-100 cm)in the S.vulgaris plantation plots across four plantation ages(4,7,10,and 16 years)in November 2019,and assessed soil physical(soil bulk density,soil porosity,and soil particle size)and chemical(soil organic carbon(SOC),total nitrogen(TN),available nitrogen(AN),available phosphorus(AP),available potassium(AK),cation-exchange capacity(CEC),salinity,p H,and C/N ratio)properties.The results indicated that the soil predominantly consisted of sand particles(94.27%-99.67%),with the remainder being silt and clay.As plantation age increased,silt and very fine sand contents progressively rose.After 16 years of planting,there was a marked reduction in the mean soil particle size.The initial soil fertility was low and declined from 4 to 10 years of planting before witnessing an improvement.Significant positive correlations were observed for the clay,silt,and very fine sand(mean diameter of 0.000-0.100 mm)with SOC,AK,and p H.In contrast,fine sand and medium sand(mean diameter of 0.100-0.500 mm)showed significant negative correlations with these indicators.Our findings ascertain that the plantation of S.vulgaris requires 10 years to effectively act as a windbreak and contribute to sand fixation,and needs 16 years to improve soil physical and chemical properties.Importantly,these improvements were found to be highly beneficial for vegetation restoration in arid and semi-arid areas.This research can offer valuable insights for the protection and restoration of the vegetation ecosystem in the sandy lands in China.

The Impact of Changes of Property Rights on Farmland Use:An Empirical Study of China during Transition

In China, farmland property rights characterized by the household-responsibility system (HRS) have been improved since the reform and opening-up. The rights of use, transfer and gain become more stable, authorized and complete. This paper firstly analyzes the impact on farmland productivity, which comes from the improvement of farmland property rights. Then, an economet- ric model is built to test the above analysis. It concludes that changes of property rights will affect farmland performance in China. In the end, some policy implications are explored for fur- ther reforms.

The Innovation and Plights of Farmland Property Rights System Reform in Chongqing Municipality

Based on the background of national urban and rural comprehensive reform pilot area and the introduction of the profiles of research region and the data obtained by on-the-spot interview survey,the innovative models of farmland property rights system reform in Chongqing are introduced by applying participatory rural appraisal methods and examples. The innovative models cover buying shares of contract management rights,transforming from farmers to townspeople and mortgaging contract management rights. The plights exist in the reform are analyzed,among which the plights of buying shares of contract management rights are introduced from the following five aspects:the conflict with the present land contract laws,the possible new round of massive scale land loses,the confounded functions of government and enterprise caused by risk transference and the difficulties of handling assets when the contract management rights expired. Besides,the plights of the transforming from rural residents to urban residents are analyzed from four aspects,which include the particularity of reform,high financial pressure,emergence of interbedded people and difficulties of payoff of village-based companies. From the facets of limited mortgage area,risks of reimbursing the loan,legal risks of mortgage. The results show that the stock purchasing model of contractual management rights reveals the capital value of land and the model is of theoretical and practical significance in law and economics. However,the social security system is not perfect,so the stock purchasing model of contractual management rights can not be expanded. In addition,the participation of more famers and the expansion of enterprises are limited as well. The land comprehensive reform model of transforming from rural residents to urban residents is of positive significance to the comprehensive exploration of farmland property system reform,but this kind of model should be supported by strong economy. The stock purchasing model of contractual management rights is of significance to perfect the contractual management rights,but it conflicts with the existing laws and financial systems.

Timberland Investing and Private Property Rights in the United States of America

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.

RLandRight软件在农村土地确权数据质量检查中的应用

农村土地确权数据质量关系到后期维护管理与土地政策的实施及农民权益的保护,然而由于土地确权工作烦琐、经费支持不足、为降低成本而不按标准作业、影像资料分辨率低与现势性差等多方面原因,导致部分土地确权数据质量无法满足现行国家规范要求。本文分析了土地确权工作内容及图形与属性数据应该满足的条件和质量检查项目,基于ArcGIS平台及ArcEngine二次开发组件、空间图形关系判断算法、属性数据标准等研制了RLandRight农村土地确权检查软件,通过示范应用表明:可检查出图形与属性数据存在的问题,为数据修正提供依据;可保障土地确权数据质量,提高数据入库检查工作的效率。

Research on the Circulation Problems of Contractual Management Right of Rural Land

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.

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

Analysis on Farmers' Land Right Protection

Land is the fundamental income sources of farmers. However, farmers stay at disadvantaged statge in the political, economic and social aspects. Their land is exploited and occupied, which facilitates the rapid development of economy, as well as brings the gap between the poor and the rich and the inharmonious disputes. The necessity for protecting the land right of farmers under the new situation is expounded, covering the necessity of carrying out the relevant agricultural policies; the necessity of improving rural economic status and narrowing the gap between urban and rural areas; the necessity of reducing land disputes and constructing harmonious society. The violation of farmers' land rights is analyzed from two aspects. The first one is the violation of farmers' land right in land tenure section, which includes the lack of ecological compensation system the lack of contract operation right; the second one is the violation of farmers' land right in land transfer section, including the absence of land requisition system, substandard land contract and land transfer and the limitation of house stead circulation; the third one is the vacant of land development right affects farmers' share of enjoying the added value of land. The countermeasures for protecting farmers' land rights are put forward. The first one is clarify land property; the second one is normalize and perfect land requisition system; the third one is appropriately loosen rural land transfer policies; the fourth one is establish ecological compensation and land development right compensation system.

Inheritance,Innovation and Development of Wuling Mountain Area in Hubei Province Based on Intellectual Property Rights

Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.

The Plights and Solutions of the Farmers' Land Rights Protection

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.

Rural Land Rights in China: Evolution and Case Studies

Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of evolution:(i)The People’s Communes,which served administrative and economic functions,exercised integrated collective land ownership,property,and operation rights.(ii)Under the system of“threetier ownership with production teams as basic accounting units,”production teams exercised the ownership right over land plots with greater autonomy and were responsible for organizing farm work.(iii)The household contract system has entitled farmers to claim surplus products and turned farm households into the basic unit of agricultural production.Subsequently,the reform of collective ownership has further enhanced farmers’contract rights and separated their operation rights from contract rights.The separation of rural land ownership,contract and operation rights marks a top-down design of the structure of China’s rural land rights after the collective ownership system and the reform of household contract system.By recognizing separate contract and operation rights without changing collective ownership,the separation aims to protect rural land contract and operation rights in accordance with the law.As in the four case studies,Chongzhou,Songjiang,Meitan and Liupanshui have experienced a restructuring of collective ownership,contract and operation rights.Their experience foretells complexities in the future evolution of rural land rights in China.

Construction of China Osmanthus City and Intellectual Property Right Protection in Xianning City in the Context of Three New Developments

Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.

A Probe into the Mortgage Rates of Land Contract Management Rights Based on Unified Annual Output Value

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.

Survey on the Peasants' Will of Forest Land Transfer in the Reform of Collective Forest Right System——On the Case of 180 Peasant Households in Lishui City of Zhejiang Province

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.