Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only...Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.展开更多
Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing t...Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.展开更多
Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"...Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"of collective commercial construction land and state-owned land in the unified urban-rural construction land market system,and how to realize"same land,same right,same price".The results show that in order to realize the fair entry of collective construction land into the market,it must base on scientific use control,unify the urban and rural construction land market and adhere to the guidance of market mechanism,and finally realize the sustainable development of the land market.展开更多
In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to ...In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.展开更多
Confirmation of homestead right is helpful for planning of rural construction land and comprehensive development of new socialist countryside construction. At present,China is carrying out confirmation of rural homest...Confirmation of homestead right is helpful for planning of rural construction land and comprehensive development of new socialist countryside construction. At present,China is carrying out confirmation of rural homestead right on a large scale. Theoretical analysis on construction of database for confirmation of rural homestead right is of great significance for promoting confirmation of rural homestead right. Using the Mapgis urban cadastral management system database,this paper studied the process of creating database for conformation of rural homestead right,and came up with recommendations for update and maintenance of the database.展开更多
This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristi...This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristics of heritage corridor and is suitable for heritage corridor theory.For Liaoning and Jilin provinces integrating their tourism into the One Belt and One Road strategy,and promoting harmonious use of regional tourist resources,vigorous development of tourism,and targeted poverty alleviation through tourism,the heritage corridor construction is of profound significance.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
On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collec...On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.展开更多
In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentrat...In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentration in Sub-Saharian Africa, have earned the phenomenon the name of ＂land grab＂. The agricultural sector considered a ＂sunset industry＂ when commodities prices were declining, is now attractive to financial investors. These foreign investments may be good as they may improve agricultural productivity or instead bad as they may benefit only financial investors. Some results in terms of environmental and local communities＇ worsening conditions have already emerged. This paper aims to investigate what drives the big size transfers of land, to empirically estimate their effects in terms of local employment and to assess the environmental effects produced by the rapid transformation in the use of vast amount of land in terms of CO2 emissions. It is also proposed to use the estimation in terms of local employment impact as a way of distinguishing between foreign direct investment and land grabbing.展开更多
In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and div...In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.展开更多
基金Supported by Planning Project Launched by Humanities and Social Science in Ministry of Education(09YJA820052)General Project Launched by Social Science Planning in Shanghai (2010BJB003)
文摘Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers' registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.
基金Supported by Project of Business Management Cultivation Discipline in Southwest University Rongchang Campus
文摘Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.
文摘Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"of collective commercial construction land and state-owned land in the unified urban-rural construction land market system,and how to realize"same land,same right,same price".The results show that in order to realize the fair entry of collective construction land into the market,it must base on scientific use control,unify the urban and rural construction land market and adhere to the guidance of market mechanism,and finally realize the sustainable development of the land market.
基金a phased research achievement of Sichuan's social science programming project in 2019 titled“Overall Planning of Public Power and Expression of Private Rights in Inter-provincial Trading of Construction Land Quotas of Impoverished Regions”(project number:SC19B093)。
文摘In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.
基金Supported by Soft Science Project of Anhui Provincial Department of Land and Natural Resources"Study on Revision of Overall Land Use Plan from the Perspective of New Urbanization"(801[2015]of the Ministry of Finance)
文摘Confirmation of homestead right is helpful for planning of rural construction land and comprehensive development of new socialist countryside construction. At present,China is carrying out confirmation of rural homestead right on a large scale. Theoretical analysis on construction of database for confirmation of rural homestead right is of great significance for promoting confirmation of rural homestead right. Using the Mapgis urban cadastral management system database,this paper studied the process of creating database for conformation of rural homestead right,and came up with recommendations for update and maintenance of the database.
文摘This paper analyzed feasibility,mode,and significance of heritage corridor construction along the right bank of the Yalu River.It stated that the region along the right bank of the Yalu River conforms to characteristics of heritage corridor and is suitable for heritage corridor theory.For Liaoning and Jilin provinces integrating their tourism into the One Belt and One Road strategy,and promoting harmonious use of regional tourist resources,vigorous development of tourism,and targeted poverty alleviation through tourism,the heritage corridor construction is of profound significance.
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.
文摘On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.
文摘In the last two decades, the global interest on farmland grew at a remarkable pace. As a consequence, million hectares of land exchanged hands. The ways the transfers happened combined with their geographic concentration in Sub-Saharian Africa, have earned the phenomenon the name of ＂land grab＂. The agricultural sector considered a ＂sunset industry＂ when commodities prices were declining, is now attractive to financial investors. These foreign investments may be good as they may improve agricultural productivity or instead bad as they may benefit only financial investors. Some results in terms of environmental and local communities＇ worsening conditions have already emerged. This paper aims to investigate what drives the big size transfers of land, to empirically estimate their effects in terms of local employment and to assess the environmental effects produced by the rapid transformation in the use of vast amount of land in terms of CO2 emissions. It is also proposed to use the estimation in terms of local employment impact as a way of distinguishing between foreign direct investment and land grabbing.
文摘In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.
