The aim of this study is to explore the necessity to consider the specialty of policy context in ethnic minority area during the policymaking process.Case analysis is applied to study the policy context in microscopic...The aim of this study is to explore the necessity to consider the specialty of policy context in ethnic minority area during the policymaking process.Case analysis is applied to study the policy context in microscopic aspect.The information came from two sources:questionnaires or phone calls,and related documents.Study suggested that the mortgage of land management lies in the negligence of temporal dynamic balance when it comes to the mastering of policy context.Optimal plan of method design was given in the end of this paper.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 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
Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and wi...Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.展开更多
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
The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,con...The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.展开更多
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 o...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.展开更多
基金Supported by the 2011 Changjiang Scholars and Innovation Team(IRT1176)National Natural Science(71073126)+1 种基金Special Scientific Research Program for Doctors in Universities in 2010(20100204110030)Shaanxi Social Science Fund Program(12D066)
文摘The aim of this study is to explore the necessity to consider the specialty of policy context in ethnic minority area during the policymaking process.Case analysis is applied to study the policy context in microscopic aspect.The information came from two sources:questionnaires or phone calls,and related documents.Study suggested that the mortgage of land management lies in the negligence of temporal dynamic balance when it comes to the mastering of policy context.Optimal plan of method design was given in the end of this paper.
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.
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.
基金A phasic achievement of the Ministry of Education Youth Fund Project named “Law Research on Online Transaction of Rural Land Management Right under the Background of Rural Revitalization Strategy”(Project No.18yjc820001)funded by the China Scholarship Council(Project No.201907845009)
文摘Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.
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The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.
基金Funded by National Science and Technology Support Program (2008BAJ08B19)"Research on the Reform and Practice of Rural Collective Land Property in Chongqing Municipality" of National Land Surveying and Planning Institute-funded Projects (2007102480006)
文摘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.